The following Terms and Conditions must be met in order for your tournament to be considered officially sanctioned by Blizzard Entertainment, Inc. (hereafter referred to as "Blizzard"). Only tournaments who meet these requirements can use Blizzard's products, trademarks and copyrighted images in the tournament and the marketing of the tournament.
1. Blizzard Products. Only tournaments that utilize the following products can be officially sanctioned by Blizzard Entertainment: Starcraft; Starcraft Expansion: Brood War; Diablo; Diablo II: Lord or Destruction; Warcraft III: Reign of Chaos; Warcraft III Expansion: The Frozen Throne and subsequent Blizzard products that are playable over Blizzard's "Battle.net" gaming service (the "Blizzard Games").
2. Official Tournament Rules. The tournament must be governed by a set of rules that players must agree to as part of their entry into the tournament. The rules must be compliant with any and all local, state or federal laws, ordinances or rules that would apply to the tournament or the distribution of prizes to the winners of the tournament. Additionally, the Rules shall be posted on-line, or posted at the Tournament site in the case of a local LAN tournament, for the players who are participating in the tournament to be able to see. Additionally, the rules shall address the following issues:
a. Eligibility. The tournament shall specifically state the parameters for those individuals who are eligible to participate. Eligibility requirements could include age, location, the requirement that they own a certain game, etc.
b. Disclaimer. The rules must contain a statement relieving Blizzard Entertainment, Inc., of all responsibility for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any tournament disruptions, injuries, losses or damages caused by events beyond the control of the Tournament Sponsor and/or (d) any printing or typographical errors in any materials associated with the Tournament.
c. Tournament Period. The time frame for the Tournament shall be specified. The Tournament shall have a defined "beginning" and an "end."
d. Prizes. The prizes to be won or given away are to be set out in the rules with detail, including the manufacturer, the model number of the item, and its approximate retail value.
e. Method of Entry. The rules should state how a potential tournament participant may enter the tournament.
f. Determination of Winners. A specific description of how the winners of the tournament will be decided must be included in the rules.
g. General Release. The rules must contain a 'general release' of any and all claims that could be brought against Blizzard Entertainment, Inc.
h. Winners List and Rules Requests. The rules must provide a method for tournament participants or other interested parties to obtain a list of the tournament winners, and/or a copy of the rules.
i. Governing Law. The rules must state that the governing law for the tournament will be the laws of a certain state, or country.
a. You hereby represent and warrants that: (i) You have the full right and power to enter into this Agreement; (ii) You will not violate any personal or proprietary right of any person or entity with regards to the hosting of the Tournament or any other act where you make use of Blizzard Entertainment's Property; and (iii) you will comply with all applicable law, statutes, regulations and rules related to the Tournament and the use of Blizzard Entertainment's Property as set forth in this Agreement. You hereby agree to indemnify and hold harmless Blizzard Entertainment, Inc., its parent, affiliates and their respective agents, representatives, officers, directors and employees (collectively, an "Indemnified Party") from any and all losses, costs, damages, liability and expenses resulting from any: (a) actual or alleged breach by You of a representation or warranty made hereunder or; (b) any claim against any Indemnified Party associated with the Tournament and/or Your actions relating to the Tournament; excluding claims where Blizzard would be obligated to indemnify You pursuant to Section 5 below.
b. Blizzard agrees to indemnify and hold you, your corporate parent (if applicable), officers, directors and employees harmless from any and all losses, costs, damages, liability and expenses resulting from any and all third party claims that the Blizzard Games infringes such third party's copyright and/or trademark pursuant to intellectual property laws promulgated in the United States of America.
4. Limitation of Liability. THE LIABILITY OF THE PARTIES HERETO, IF ANY, FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER AND REGARDLESS OF THE LEGAL THEORY SHALL NOT INCLUDE COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF REPUTATION OR GOODWILL OR FOR ANY OTHER REASON WHATSOEVER. IN NO EVENT SHALL THE PARTIES BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO THE INDEMNITY OBLIGATIONS OF THE PARTIES PURSUANT TO SECTION 3 OF THIS AGREEMENT.
5. Use of the Intellectual Property Associated with Blizzard's Games. During the Tournament Period, and for a reasonable time prior to the Tournament, Blizzard hereby grants, and you accept, a limited, royalty free, non-exclusive license and right to use the Blizzard intellectual property associated with the Blizzard Games in connection with the Tournament. Except as specifically authorized by this Agreement, you may not exploit Blizzard's intellectual property related to the Blizzard Games. Blizzard shall solely retain all right and title to the its intellectual property, and its use shall inure only to the benefit of Blizzard.
6. Term This Agreement will expire on the date of complete execution of this Agreement or six (6) months after your agreement to these terms and conditions, whichever occurs first, except that the indemnification obligations contained herein shall remain in full force and effect and survive any termination or expiration of this Agreement.
7. Miscellaneous Terms. Neither party shall be liable for any delay in the performance of its duties or responsibilities contained herein that result from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages. Blizzard' relationship with you hereunder during the term of this Agreement will be that of an independent contractor. Nothing contained herein will be construed as creating any agency, partnership or other form of joint enterprise between the parties. Failure to enforce any rights hereunder, irrespective of the length of time for which such failure continues, shall not constitute a waiver of those rights in the future or any other rights. If any provisions of this Agreement are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted, and the balance of this Agreement will be enforceable in accordance with its terms. This Agreement may not be modified or changed except by execution of another writing executed by both parties. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to other relief as the court may award. This Agreement shall be construed and enforced in accordance with the laws of the State of California. This Agreement contains the entire understanding between the parties with respect to the transactions contemplated herein and supersedes all previous written or oral negotiations, commitments and undertakings. The obligations in this Agreement regarding indemnification shall survive the expiration of this Agreement.