Mastercard Gamer Academy
TERMS AND CONDITIONS
The following terms and conditions (hereinafter referred to as the “Terms” or “Rules”) between you and G Esports Holding GmbH (the “Organizer”), the creator and organizer of the Mastercard Gamer Academy (the “Programme”), in relation to processing your application to participate in the Programme. When these Terms and Conditions refer to “You”, “Your” etc., this refers to the applicants and, after the selection has been successful, to the selected participants. By agreeing to these Terms and submitting your application, you confirm that you have read the Terms and that you accept them in full.
- To participate in the Programme, eligible individuals must complete the application form provided by the Organizer within the specified time frame. Your submission including any and all information, provided by you will be vetted and reviewed by the Organizers’ staff;
- Any (audio)visual content submitted as part of your application may be used in the Programme, regardless of whether you are selected to participate in the Programme and you hereby grant the Organizer and the Presenting Sponsor, Mastercard International Incorporated (“Mastercard”), along with its affiliated companies, the non-exclusive, royalty-free, irrevocable, unlimited worldwide right and license to include any (audio)visual content submitted by you as part of your application in the Programme and to exploit (in the broadest sense) as part of the Programme or for other promotional purposes through any and all media, via any delivery means;
- Submitting an application does not guarantee selection for participation in the Programme. The Organizer retains the right to choose participants based on their own criteria and discretion.
- Incomplete or inaccurate applications may be disqualified at the Organizer’s sole discretion. It is important to provide all necessary and accurate information in the application to avoid disqualification.
- The Organizer reserves the right to verify the eligibility of participants. They may request additional information or documentation to confirm the eligibility criteria set for the Programme.
- To confirm your participation, you are required to apply using a valid email address. The provided email address will be used for all communication related to the Programme;
- As part of the application process, applicants will receive an initial confirmation email to the provided email address. This email serves as a verification step and contains a link that must be clicked to confirm the intention to participate in the Programme. By clicking the confirmation link, applicants indicate their voluntary decision to apply for the Programme.
- The dates for the associated Mastercard Gamer Academy program sessions are the following:
- November 16, 2023 – Registration start date.
- December 17, 2023 – Registration end date
- February 5, 2024 – Announcement of participants
- February 13, 2024 – Official Digital Kick-off Call for Mastercard Gamer Academy
- March 15-17, 2024 – 1st Academy Onsite in Berlin
- May 31 – June 2, 2024 – 2nd Academy Onsite in Berlin
- August 2024: VALORANT Champions
- End of October/beginning of November 2024: League of Legends World Championship
These dates may be subject to change at short notice. If exact dates have not been provided above, they will be communicated by the respective third parties, including but not limited to the tournament organizers for VALORANT Champions and League of Legends Worlds 2024, and the participants as soon as they are announced.
B. SELECTION PROCESS
- The Organizer will determine the review process and the judges that will assess the quality and merit of the received applications. They will review the content of each application to determine the suitability of the participants. The criteria for evaluation include factors such as skills, experience, qualifications, relevance to program goals and objectives, or any other relevant information provided in the applications.
- Based on the evaluation, the Organizer will select ten participants for the Programme. The decision made by the Organizer is final, meaning there is no provision for further correspondence or discussion regarding the selection process.
- The Organizers’ decision is final and no correspondence or discussion will be entered into.
- The Organizer will inform the selected participants about their acceptance. The notification will be sent through email or any other means of communication specified in the application form. This communication will convey that the participant has been chosen to take part in the Programme.
- After receiving the notification, the selected participants will go through a double opt-in process. This process ensures the participants’ active confirmation of their intention to participate. For this purpose, the selected participant must click the confirmation link in the notification email, and thereby declare and reconfirm willingness to participate in the event/activity.
- Upon successful completion of the double opt-in process, a confirmation email will be sent to the application email address. This email will include relevant details about the Programme, such as the date, time, location, and any additional instructions or requirements.
- It is mandatory to confirm your participation by clicking the confirmation link in the email. Failure to confirm your participation within the specified timeframe may result in the cancellation of your registration.
- The Organizer shall provide the selected participants with a comprehensive schedule for the Programme, outlining important dates such as travel arrangements and event schedules. This schedule will include necessary details to ensure participants are well-informed about the itinerary and program.
- It is the responsibility of participants to arrange all necessary travel documents, including visas and travel insurance, in a timely manner. Participants should be aware of the specific requirements for their destination countries and ensure that they have the necessary documents for entry and stay.
- Participants must also ensure that they meet any health or vaccination requirements specified by the destination countries or any venues or hosting organizations that may be involved. It is the participants responsibility to research and comply with any necessary health protocols or vaccinations needed for the Programme.
- The Organizer shall bear the following expenses for the selected participants:
- Economy class airfare for two round trips to and from Berlin.
- Economy class airfare for one round trip to and from to be announced location of VALORANT Champions.
- Economy class airfare for one round trip to and from to be announced location of the League of Legends World Championship.
- Accommodations and meals during the events.
- Tickets for certain connected events.
- Participants are responsible for their own personal expenses, which include, but are not limited to, the following:
- Transportation to and from their home airport.
- Additional meals beyond those provided during the events.
- Any incidental costs not specifically covered by the Organizer.
E. INTELLECTUAL PROPERTY
Participants grant the Organizer, Mastercard, and Riot Games along with its affiliated companies, a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, distribute, and display their name, likeness, and any content they create or share, or that the Organizer, Mastercard or Riot Games, or any of their agents, photograph, record or otherwise capture, in relation to the Programme for promotional purposes.
F. DATA PROTECTION
- Compliance. You and we will comply with applicable data protection legislation in relation to any personal data shared with us under these terms and conditions.
- Provision of personal data. You will not provide us with personal data unless the application or participation requires the use of it, or we request it from you. In respect of any personal data shared with us, we assume you have necessary authority from relevant data subjects for us to use and transfer it in accordance with the agreement, and that they have been given necessary information regarding its use.
- Data transfers. We may transfer personal data shared with us to subcontractors and IT service providers in relation to any of the purposes set out in these Terms. Some of these recipients may be located outside the European Union. We will carry out such transfers only where we have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under an agreement which covers the EU requirements for the transfer of personal data to processors outside the EU.
- Applicants hereby consent to the Organizer processing the personal data provided by you in connection with your application as follows:
- To determine whether you are a suitable candidate to participate in the Programme; and
- To contact you with regard to your application;
- Should you have any questions or complaints concerning the handling of your personal data, please contact us via email@example.com.
G. CODE OF CONDUCT
Selected Participants in the Programme are expected to adhere to the following code of conduct:
- Participants must treat each other, the Organizer, Mastercard and its affiliates, and any other individuals involved in the Programme with respect and professionalism. This includes refraining from engaging in any form of harassment, discrimination, or offensive behavior based on factors such as race, gender, ethnicity, religion, sexual orientation, or disability.
- Participants should actively engage in a spirit of collaboration and cooperation with fellow participants, speakers, mentors, and staff. This involves listening to others, valuing diverse perspectives, and promoting a positive and inclusive environment.
- Participants must comply with all applicable laws, regulations, and policies during their participation in the Programme. This includes, without limitation, respecting intellectual property rights, maintaining confidentiality where required, and adhering to any specific rules or guidelines set by the Organizer.
- Participants should conduct themselves reasonably and appropriately at all times. This includes being punctual, prepared, and attentive during scheduled activities, as well as maintaining appropriate communication and behavior both online and offline.
- Participants are responsible for the proper use and care of any resources provided by the Organizer and/or Mastercard and its affiliates. This includes materials, equipment, facilities, and any digital platforms or tools used during the Programme.
- Participants may be exposed to confidential or proprietary information during the Programme. It is essential to respect the confidentiality of such information and not disclose it to unauthorized individuals or use it for personal gain and Participants agree they will not make any such disclosures or make use of any such confidential information for personal gain.
- Participants are expected to report any violations or concerns related to the code of conduct to the Organizer promptly. The Organizer will take appropriate actions to address reported issues and maintain a safe and respectful environment for all participants.
- No transfer, assignment, cash redemption or substitution of will be permitted.Winners may also be required to submit to a confidential background check to confirm eligibility and ensure the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Organizer or Mastercard and its affiliates and each of their respective employees, agents and subcontractors (Organizer, Mastercard and its affiliates and each of their respective employees, agents and subcontractors being referred to in this Section as “Released Parties”) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Released Parties as determined by Organizer in its sole discretion, and, in such event, the may be forfeited. Non-compliance with any of the foregoing may result in disqualification and awarding of prize to an alternate winner, if time permits. If any prize or prize notification letter or email is returned as undeliverable or the prize is declined for any reason, winner will be disqualified and, at Organizer’s sole discretion and time permitting, an alternate winner may be selected by Organizer from among all remaining qualified entries. Should a potential winner decide to decline his/her prize for any reason whatsoever or not respond to the prize notification by the applicable response deadline, Organizer (and, for the avoidance of doubt, the other Released Parties) shall have no further obligation to that potential winner and an alternate winner may be selected from among all remaining eligible entries, if time permits. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant’s email account to receive email messages. By participating, entrants agree to be bound by these Rules and agree that Released Parties and each of their respective designees and assigns and all of their respective officers, directors, employees, shareholders, representatives, agents, and the franchisees of any of them shall have no liability and entrant will defend, indemnify and hold harmless the Released Parties from and against any liability, loss, injury, or damage of any kind (including attorney’s fees) to any person or entity, including, without limitation, personal injury, death or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of: (i) entrant’s participation/entry into the Programme, (ii) any materials he or she may submit in connection herewith, or (iii) the acceptance, possession, use or misuse of a prize (or portion thereof) or participation in any activities associated with the Programme or any prize (or portion thereof) awarded in connection herewith; (iv) 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 (v) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Programme activity and/or prize. The Released Parties are not responsible for the actions of entrants in connection with the Programme, including entrants’ attempts to circumvent these Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Programme. Organizer reserves the right, in its sole discretion, to void any and all entries of an entrant who Organizer believes has attempted to tamper with or impair the administration, security, fairness, or proper administration of the Programme and to modify, suspend, and/or terminate this Programme (or portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper administration of the Programme and, in the case of termination, at its discretion, select potential winners from among all eligible, non-suspect entries received before the event that required such termination.
- In the event Organizer or Mastercard and its affiliates, or any of them, is prevented from continuing with the Programme by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Programme by any party, or any federal, national, state, provincial or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Organizers’ and/or Mastercard or its affiliate’s control (each a “Force Majeure” event or occurrence), Organizer shall have the right to modify, suspend or terminate the Programme. Organizer and Mastercard and its affiliates additionally reserve the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Programme should causes beyond any of their control corrupt or interfere with the administration, integrity, operation, security or proper administration of the Programme; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Programme; (ii) acting in violation of these Rules; or (iii) acting in an unsportsmanlike, unreasonable or inappropriate manner. CAUTION: Any attempt to undermine the legitimate operation of this Programme may be a violation of criminal and civil laws and should such an attempt be made, the Organizer and the applicable Released Parties reserve the right to seek damages (including attorneys’ fees) and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. Released Parties make no warranty, guarantee or representation of any kind concerning any prize (or any portion thereof), and disclaim any implied warranty. Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) maintain no control over the personnel, equipment or operation of any transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Programme; and (b) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Sponsor’s or any other Released Party’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Except where prohibited by law, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Programme or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Berlin, Germany. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Except to the extent prohibited by applicable law, the maximum aggregate remedy that may be available to any entrant or participant or any other party hereunder cannot exceed €100. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other 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 Programme-related materials, and the terms and conditions of the Rules, the Rules shall prevail, govern and control and the discrepancy will be resolved in the Organizer’s sole and absolute discretion.
- Mastercard and Priceless Surprises are registered trademarks, and the circles design is a trademark of Mastercard International Incorporated.
- All third-party trademarks belong to their respective owners.
- These Terms are governed and construed in accordance with the laws of the Federal Republic of Germany.
- If any provision of this Agreement is held by any competent authority or court to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected thereby. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of this agreement, the parties shall immediately commence good faith negotiations to remedy such invalidity, illegality or unenforceability or to achieve an alternative provision acceptable to the parties.