PlayVS High School 2021-2022 Season Scholastic Award Program Supplement to the Terms of Use

These PlayVS High School 2021-2022 Season Scholastic Award Program Supplement to the Terms of Use (these “Program Terms”) supplements our Terms of Use, between you and us, and govern your participation in the Play Versus Inc. high school electronic sports league and competition for the 2021-2022 season (the “esports League”) and scholarships and awards awarded or made available by PlayVS in connection with the esports League (each, an “Award” and collectively, the “Awards”).

By (i) accessing, enrolling, participating in or signing up for the esports 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 and to our Terms of Use. 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 esports 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 relating to the esports 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 esports League. If you do not agree, you may not enroll or compete in the esports League and may not compete or receive an Award. You may enroll or compete in the esports 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. Participation in the esports League or receipt of an Award is not available to any person previously removed or disqualified from the esports League or disqualified from the receipt of Award by PlayVS.

Participation in the esports League is limited to students who enroll and compete in esports League for Fall 2021 season and/or Spring 2022 season.

Additional Award Details

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 2021 and/or Spring 2022 season of the esports 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), so long as you compete in at least four (4) regular season matches as part of the esports League, as determined by PlayVS in its sole discretion, and as long as you satisfy any other eligibility criteria that PlayVS may establish in writing and communicated to you from time to time. 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 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’s website. Substitutes added to the team after the enrollment period are ineligible for Award prizes.

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.

PlayVS has committed $340,000 in aggregate Awards in the form of scholarship or cash prizes for the 2021-2022 scholastic year, of which $200,000 will be allocated for Youth League, and $140,000 for High School. Additionally, PlayVS has committed $100,000 in aggregate Awards in the form of cash prizes for the Fall 2021 season for College. Awards vary by title (i.e., game titles, such as Fortnite), competition group (as determined by PlayVS) and level of achievement as outlined on PlayVS’ website and marketing materials. For a full breakdown of prizing, please see here. Any game title or esports League added after the start of the Fall 2021 season will be excluded from cash prizing for the 2021-2022 school year.

Qualifying Period

Fall 2021 season of the esports League starts on Tuesday, September 28, 2021 and ends by Thursday, December 23, 2021 for High School; starts on Monday, September 27, 2021 and ends by Monday, November 22, 2021 for College; and starts on Wednesday, August 25, 2021 and ends on Friday, December 17, 2021 for Youth League. Spring 2022 start and end dates will be announced at a later time. 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 esports League. Teams that play in either season are eligible to qualify for Awards related to the specific season in which they are participating.

Award Announcement

PlayVS will announce Award winners after the conclusion of the Spring 2022 season; provided, however, PlayVS may delay any announcement if any additional programming is necessary to determine final season outcomes on a state, regional or national level, as solely determined by PlayVS. Awards amounts will be based on criteria outlined within each title’s prizing information outlined on PlayVS’ website/marketing materials throughout the Fall 2021 and Spring 2022 seasons. Individual Awards will be based on cumulative statistics throughout the Fall 2021 and Spring 2022 seasons. All scholarship and cash prizes will be paid prior to August 30, 2022. If Fall 2021 season statistics or matches are not available, then individual Awards will be based solely on statistics from the Spring 2022 season.

High School prizing will not be awarded for All State and/or All Regional. League of Legends and Rocket League prizing will be paid out to PlayVS Cup winners. FIFA 21 winners from the Fall 2021 season will be invited to PlayVS Cup. Madden 21 winners from the Fall 2021 season will be invited to PlayVS Cup and compete against the Spring 2022 Madden 22 winners. PlayVS will provide a copy of Madden 22 to all Fall 2021 Madden 21 winners in order for them to compete alongside the Spring 2022 Madden 22 winners in the PlayVS Cup. Fall 2021 Overwatch Youth League prizing was paid out to Fall 2021 winners. Spring 2022 Overwatch Youth Program winners will be invited to PlayVS Cup to compete, where prizing will be paid out to the PlayVS Cup winners.

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 thirty (30) 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, 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. For the avoidance of doubt, if you do not collect your Award within thirty (30) days of notice that you won an Award, your Award will be forfeited to PlayVS and you will have no right to any 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 esports 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 any other third party set forth or described in the Privacy Policy.

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 an eligible school which was identified by you in connection with your enrollment in the esports League and approved by PlayVS, or (ii) direct payment to a deposit or checking account identified by the Award recipient or by the eligible school. You agree not to contest or challenge the means by which Awards are disbursed or if PlayVS directly distributes Awards to an eligible school. 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 or electronic fund transfer, PlayVS may, at its election, make (or instruct its Third Party Processor to make) such check or electronic fund transfer payable to you or the eligible school’s finance department. If your Award winnings exceed the amounts due from you to the eligible school, you must cooperate with the eligible school to determine distribution methods to receive any excess Award amounts. 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. PlayVS reserves the right to change the method of scholarship or cash prize distribution or distribution partner at any time.

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. Scholarships will be distributed through Scholarship America.

Esports League Competition Rules

It is your responsibility to ensure that you understand and will abide by the standard PlayVS esports 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 esports 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 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 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 2022 season of the esports 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 esports 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 esports 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 esports 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 esports 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 esports 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 esports League or an Award, shall constitute the entire agreement between you and PlayVS concerning the esports 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 esports League or use of any services provided by PlayVS in connection with the esports 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, esports 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.

Participation and prizing eligibility is open only to students in the United States and Canada. 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.

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