Microsoft Retail Store Oculus Unspoken Tournament

Official Rules

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS TOURNAMENT. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
  • THIS IS A SKILL-BASED COMPETITION.
  • THE TOURNAMENT IN EACH STORE IS LIMITED TO THE FIRST SIXTEEN (16) INDIVIDUALS TO SIGN-UP TO PARTICIPATE AT EACH PARTICIPATING STORE ON A FIRST-COME, FIRST-SERVED Basis. SPONSOR RESERVES THE RIGHT TO EXPAND THE TOURNAMENT FIELD IN ITS SOLE AND ABSOLUTE DISCRETION.
  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
  • NOTE TO ALL MINOR ENTRANTS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER. A MINOR WINNER’S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE DOCUMENTS OR THE PRIZE MAY BE FORFEITED. EACH MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE OFFICIAL RULES BOTH INDIVIDUALLY AND ON BEHALF OF MINOR ENTRANT.

1. SPONSOR: These are the Official Rules (“Rules”) that govern the operation of the Microsoft Retail Store Oculus Unspoken Tournament (“Tournament”). Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052, USA, is the Tournament sponsor (“Sponsor”).

2. DEFINITIONS: In these Rules, “Microsoft”, “we”, “our”, and “us”, refer to Sponsor and “Player”, “you” and “yourself” refers to a Tournament participant, or the parent/legal guardian of any Tournament participant who is a minor. By entering, you (or your parent/legal guardian if you are a minor) agree to be bound by these Rules and the decisions of Sponsor, including the interpretation of these Rules and its exercise of discretion, which will be final and binding in all respects.

3. ENTRY PERIOD: The Tournament will consist of three (3) rounds, which will take place on three (3) separate dates as described below. Each of the three (3) rounds will be held at participating Microsoft Stores in the United States and Canada (excluding Quebec) (for a full list of participating “Stores”, please see the Appendix of this document) on the dates and times set forth in the Appendix. Participants must be available to play in the Tournament when required by Sponsor or the individual may be disqualified, in Sponsor’s sole and absolute discretion. Each round is considered an “Event”:

Round 1 Qualifying Tournament: Saturday, May 13 at approximately 5 p.m. local time at your participating Microsoft Store. Players will be admitted into the Tournament beginning at approximately 4:30 p.m. until approximately 9:00 p.m. Times may be extended at Microsoft’s sole discretion. The Tournament in each Store is limited to the first sixteen (16) individuals to sign-up to participate at each participating Store on a first-come, first-served basis. Sponsor reserves the right to expand the Tournament field in its sole and absolute discretion.

Round 2 Regional Championship: Saturday, May 20 at approximately 6 p.m. local time at your participating Microsoft Store. Players will qualify for the Regional Championship Tournament by winning the “Qualifier” Round 1 Tournament. One (1) entry per person per Store. Round 2 is a Store vs. Store tournament with the winner of each Round 1 tournament organized into 1 of 8 Regional Championship brackets based on the Microsoft Store location. Participants will play at their respective Microsoft Store location in an online match against other players from the Microsoft Stores in their regional bracket.

Round 3 Championship: Saturday, June 3 at approximately 1:00 p.m. EST at the Microsoft Store in New York City, NY. Eight (8) players will qualify for the Championship Round by winning the Regional Championship tournament. The Championship Round will be held at the New York City flagship Microsoft Store.

Players must be available to participate in all three (3) rounds of the Tournament at the designated Microsoft Store location to be eligible to win the grand prize. If a Player is unavailable during any of the rounds, they forfeit their placement in the next round of the Tournament. If a player must forfeit their place in Round 2 or Round 3, the next runner-up player from the same bracket will be selected to take that player’s place in the next round. If the next runner-up player is unable to participate in the next round, they will forfeit their place in the bracket, and that place in the bracket will become a bye in the next round of the Tournament.

4. ELIGIBILITY: To enter and participate in the Tournament, you must be a legal resident and physically located in one (1) of the fifty (50) United States (including the District of Columbia) or Canada (excluding Quebec), and be thirteen (13) years of age or older. Minors must have permission of their parent/legal guardian to enter.

Employees, officers and directors of Microsoft Corporation, Oculus VR, LLC (“Oculus”), Intel Corporation, ASUS, or Insomniac Games, their parent companies, and each of their respective subsidiaries, affiliates, advertising agencies are not eligible to enter or participate, nor are persons involved in the execution or administration of this promotion, or the family members of each above (i.e., parents, children, siblings, spouse/domestic partners, or individuals residing in the same household). Void where prohibited by law.

5. HOW TO ENTER:

Round 1 Qualifying Tournament:

There are sixteen (16) spots available at each participating Microsoft Store for Round 1 of this Tournament. Players can sign up for this event in the following ways:

Pre-Registration: Players can guarantee their spot in the Round 1 Tournament by registering at their respective Microsoft Store’s registration page on the ESL website, and showing up 15-30 minutes prior to event start for check in. You must create an account with ESL Play to register for your Store’s event. To find your local Store’s registration page, visit www.oculus.com/unspoken-tournament.

Walk-in Registration: If you did not register prior to the event, and if all sixteen (16) spots have not been filled at check in prior to 15 minutes to the start of the Tournament, you can register live at the Store on a mobile device or PC using the same ESL registration process outlined above.

Players may begin lining up at a participating Microsoft Store thirty (30) minutes prior to the Tournament start time to participate. Players will be admitted into the Tournament until approximately 9:00 p.m. local time. Maximum number of players per Microsoft Store: 16

Entry into the Round 2 and Round 3 Tournament will be based on qualifying by winning the previous round Tournament. Round 2 will begin at approximately 5:00 p.m. local time.

Tournament Rules

During the Tournament, individuals will compete against others in their pre-set designated bracket in the videogame “The Unspoken” (the “Game”) on the Oculus Rift. Round 1 Event competition is a best of 1, 3-round, single player, single elimination, bracket style tournament on a pre-determined map and allowing the player to choose their class and loadout. Round 2 Event competition will use a different map, single player, single elimination, bracket style tournament. Round 3 Event competition will have a different ruleset as outlined below. Players will fight against their opponent on the 1v1 arena, and the player who wins the best of 3 rounds will win their match and advance in the bracket. The onsite Tournament director (“TD”) will present play instructions, any mandatory game play settings, and directions during the introduction prior to commencement of each match. Participants are responsible for understanding the Game controllers and instructions. The TD will signal to initiate all Game play. Individuals who fail to show up at their match time will be automatically disqualified from participation and Sponsor’s TD may choose an alternative person to take a person’s place, in its sole and absolute discretion. To the extent any match ends in a tie or there is a technical malfunction during Game play, Sponsor reserves the right to start the Match over or otherwise terminate the Tournament, in its sole discretion. All matches will be tracked by the Game’s internal scoring and winner determination system and will be deemed the official result for all purposes of this Tournament.

Player Rules

1.1 Competitor Responsibilities

Competitors are expected to start their match as soon as the Game settings are verified and all hardware is confirmed to be working. There is no warm-up allowed.

1.2 Intentional Disconnects

If a participant intentionally disconnects from the Game and is not able to reconnect to the Game, then a loss will be given to the participant. It is at the sole discretion of the TD as to what constitutes an intentional disconnect.

1.3 Unintentional Disconnects

In the event of a Game disconnection or stoppage in Game play not caused by an individual player, it is the responsibility of both competitors to reach out to the TD for a resolution. Disconnections are not automatic grounds for a loss unless determined by an administrator or if one competitor explicitly forfeits.

If a competitor unintentionally disconnects from the Game and is not able to reconnect to the Game, then Tournament officials will determine if the Game state can be restored to a similar point. If the Game cannot be restored, then the Tournament administrator will use its judgement on how to restart the Game.

1.4 Administrator Pause

At any time during a live match, an administrator may ask a competitor to pause their Game for any reason. Competitors are expected to follow this guidance promptly and within reason.

2. In-game Settings

The Game mode used will be a regular, one-versus-one player match.

2.1 Players can choose any of the three (3) provided classes; Anarchist, Kineticist, or Blackjack.

2.3 Players can choose any of the three (3) provided loadouts; Offensive, Defensive, or Balanced.

2.3 Rounds 1 and 2 will be three-round matches, best of three in rounds wins the match

2.4 In the event of a disconnect or technical issue, subsequent rounds within the match are replayed in the one (1)-round format

2.5 Round 1 Tournament Map will be: Pulaski Circle Arena.

2.6 Round 2 Tournament Map will be: Lockport Bridge Arena.

2.7 Round 3, Championship Round, will use a unique ruleset as created by Insomniac Games:

2.7a

- Three (3)-round matches; best of three (3) matches wins.

- Players can choose any class.

- Players can choose their own loadout.

- Loadouts must not contain duplicate spells.

- Players can change class and loadout between matches.

- The Higher Seed (randomized by Tournament organizer prior to Tournament start) chooses the first arena.

- The loser of the first match chooses the second arena.

- The loser of the second match chooses the third arena.

- In the event of a disconnect or technical issue, subsequent rounds within the match are replayed in the one (1)-round format.

3. Glitches

3.1 Any attempt to glitch the Game to gain an advantage is prohibited.

4. Competitor Conduct

4.1 Abusive behavior, including harassment and threats is prohibited.

4.2 Gambling, including betting on the outcome of matches, is prohibited.

4.3 Collusion is defined as any agreement among two or more Players to disadvantage other Players in the competition. Collusion between players is strictly prohibited.

Examples of collusion include, but are not limited to:

4.3.1a Any form of match-fixing.

4.3.1b Agreeing to split prize money.

5. Rule Enforcement and Penalties

All participants in the Tournament will be required to uphold and observe a universal level of sportsmanship. Any unsportsmanlike action which, includes, but is not limited to: racism, profanity, rude acts, vulgar acts, acts of belligerence, and disrespect of an Sponsor representative, may be reviewed by Sponsor and is grounds for disqualification. At the discretion of Tournament administration, penalties can be assessed for violations of rules or conduct that violates the spirit of a fair competition. Penalties that can be assessed include, but are not limited to, the following:

5.1 Verbal warning

5.2 Automatic match loss

5.3 Loss of prizes.

Any accusations of unsportsmanlike conduct must be brought to the attention of the Sponsor representative immediately following the match in which the alleged action has occurred for investigation by the presiding Sponsor representative. Persons found tampering with or abusing any aspect of this Tournament, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.

6. Spirit of the Rules and Competitive Integrity

These Rules may be modified as necessary during the Tournament to add further clarity, correct errors, or address a situation that is not already contained in the rules as of the first publishing. The goal of any edits will be to ensure a fair Tournament through consistent rulings.

6. WINNER SELECTION AND PRIZES:

Pending confirmation of eligibility, potential prize winners will be selected by Sponsor or their designated agent based on the top Tournament scores during each round as follows:

Round 1 Qualifiers: After the close of Round 1, all eligible participants (approximately 1280) will receive a code to redeem The Unspoken for free (Approximate Retail Value (“ARV”) $29.99). Redemption must be redeemed via the Oculus Store by April 22, 2018, and may not be redeemed for cash; no cash value. Void if sold, purchased, reproduced, traded, taxed or where prohibited. Cannot be combined with any other offer. Not valid on prior purchases. Improper use or redemption constitutes fraud. Redemption and use of code are subject to Oculus Terms of Service and Privacy Policy. See Oculus.com/legal for more details. In addition, the top player from each Microsoft Store (for a total of eighty (80) winners) will each receive a $100 Oculus Store credit. Oculus Store credits have no cash value, can only be used for purchases of digital content in the Oculus Store. Credit must be redeemed by April 22, 2018 and expires 1 year after activation. Subject to full terms at oculus.com/legal/store-credits.

Round 2 Regional Championship: After the close of Round 2, the top player from each region bracket (for a total of eight (8) winners) will each receive a trip to New York, NY to participate in the championship Tournament at the Microsoft New York City retail Store on June 3, 2017, as well as a check for $150. ARV: $3,150. “Trip Prize” includes:

- Round trip coach airfare from the major airport closest to winner’s home (selected by Sponsor) to New York, NY.

- Two (2) nights standard hotel accommodations, at a hotel selected by Sponsor; and

- Transportation to/from airport/hotel

Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations.

In addition, the next eight (8) players (one (1) from each region) with the highest scores after the top players will each be determined as a “runner up” and will receive a check for $100 and the opportunity to attend the Round 3 Championship if any of the top finalists are not able to attend.

Round 3 Championship: After the close of Round 3, the top 4 placing finalists in the championship bracket will receive the below prize, depending on their placement in the finals.

One (1) Grand Prize. A VivoPC X VR-ready desktop, an Oculus Rift + Touch hardware, and a check for $1,250. ARV of physical prizes: $2,647

One (1) Second Prize. A check for $1,000.

One (1) Third Prize. A check for $500.

One (1) Fourth Prize. A check for$250.

The total ARV of all prizes combined: $69,584.20.

All travel arrangements must be made through the Sponsor or Sponsor’s designee. Travel subject to availability and must be completed on dates specified by the Sponsor or prize will be forfeited and awarded to an alternate winner. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Some restrictions and blackout dates may apply. Any expenses not described above are the responsibility of the traveler(s), including, but not limited to, taxes, meals, additional ground transportation, gratuities, room charges, travel insurance, bag check fees, parking fees, laundry service, alcoholic beverages, merchandise, souvenirs, telephone calls and service charges. One (1) travel companion will be included only if the winner is a minor in their place of residence. Winner and any guests must travel on same itinerary. If included, winner’s travel companion must execute a Liability/Publicity Release prior to issuance of travel documents. If included, travel companion must be at least eighteen (18) and the guardian of the winner. Winner and any guests are responsible for providing all required travel documents, including, but not limited to, government issued ID, Visa, or passport. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Once made, no cancellation or change of reservation allowed. If winner lives within three hundred (300) miles of travel destination, Sponsor reserves the right to provide alternative transportation. The difference in value will not be awarded to the Trip Prize winner. Actual value of Trip Prize depends on date/time/destination, and difference between actual value and stated value will not be awarded. Airline tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in its sole and absolute discretion. Sponsor reserves the right to structure travel route and select hotels in its sole and absolute discretion. The round-trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s and prize providers’ terms and conditions generally applicable thereto.

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred because of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the Trip Prize winner at the time of Trip Prize notification. Trip Prize winner and companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Trip Prize winner may be required to provide a credit card at the time of hotel check-in. Travel is subject to the terms and conditions set forth in these Rules, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize winner.

We will only award one (1) prize per person per round. No more than the stated number of prizes will be awarded. No substitution, transfer, or assignment of prize permitted, except that Microsoft reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. Prizes will be sent no later than twenty-eight (28) days after winner selection. All prize details not specified in these Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize, the Sponsor may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use their entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.

Prize winners (and their guest in the case of a minor) may be required to complete and return affidavit of eligibility / release of liability / prize acceptance and / or tax forms (“Affidavit”) within the deadline stated in the winner notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prizes to an alternate winner. Parents or legal guardians of any prize winner under the age of majority may be required to also sign the Affidavit for the prize winner to be qualified to receive his or her prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The prize winners will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor or Sponsor’s designee with a valid social security number (if winner is residing in the U.S.) before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of a winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Winners are advised to seek independent counsel regarding the tax implications of accepting a prize.

In the event of a tie or player dispute, the TD will make a final ruling on how to proceed using their best judgment. The decisions of the judges are final and binding. If we do not receive enough entries meeting the entry requirements, we may, at our discretion, select fewer winners than the number of Tournament prizes described above.

7. WINNER NOTIFICATION: Winners will be selected at the end of the Tournament and must be present to claim prizes. If the potential winner is not present or cannot claim the prize for any reason, we will award the prize to a runner-up winner. If you are a potential winner and you are thirteen (13) years of age or older, but are considered a minor in your place of legal residence, we may require your parent or legal guardian to sign the Affidavit on your behalf.

8. GENERAL CONDITIONS AND RELEASE OF LIABILITY:

By entering or participating in the Tournament, you agree to abide by these Rules and release, discharge, indemnify and hold harmless Microsoft, Oculus, Intel, ASUS, and Insomniac Games, and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize supplies, and each of their respective parent companies and each such company’s officers, directors, employees and agencies (collectively, “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Tournament (including travel to/from any Tournament activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Tournament activity and/or prize.

Personal data you provide while entering this Tournament will be used by Microsoft, it’s agents/prize fulfillers, as well as Oculus, or ESL for the administration and operation of this Tournament and in accordance with its public-facing privacy policies and privacy practices generally. As a condition of entering the Tournament, each entrant gives consent for Sponsor, Oculus, or ESL to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Tournament and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor, Oculus or ESL may be used to communicate with entrant in relation to this Tournament or on a Tournament winner’s list.

We reserve the right to cancel, change or suspend this Tournament for any reason, including cheating, technology failure, catastrophe, war or any other unforeseen or unexpected event that affects the integrity of this Tournament, whether human or mechanical. If the integrity of the Tournament cannot be restored, we may select winners from among all eligible entries received before we had to cancel, change or suspend the Tournament. Rules violators will be prosecuted to the full extent of the law and may be banned from participation in Microsoft tournaments.

9. PUBLICITY RELEASE: Subject to applicable law, entrants irrevocably grant the Released Parties, and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Tournament, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. The Released Parties may document and film and/or live-stream the Tournament, including the final round, and participant’s participation in the Tournament constitutes his/her consent to such recording by any means, including by taking photographs, video/film recordings, and/or sound recordings. By participating, each participant consents to such activities and grants the Released Parties, and its agencies, the permission to use, in perpetuity and by any means, the results of such activities for the Released Parties’ advertising and promotional purposes without additional compensation, unless prohibited by law. Entrant’s participation and services in connection with such activities shall be deemed a work-made-for-hire for each of the Released Parties, as such term is understood in copyright law.

10. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Tournament will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

11. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in King County, Washington and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Tournament shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in King County, Washington. The federal or state law that applies to these Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in King County, Washington. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

12. LIMITATION OF LIABILITY: BY ENTERING THE TOURNAMENT, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE TOURNAMENT, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Rules or the Affidavit will not affect the validity or enforceability of any other provision. If any provision of the Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Tournament-related materials, privacy policy or terms of use on any Tournament website and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

14. WINNERS LIST: Send email to MRSGaming@microsoft.com with the subject line “Microsoft Store Oculus Unspoken Tournament winners” within sixty (60) days of June 3, 2017 to receive a list of winners.