Zen Studios General Online Tournament Rules

Applicable from: October 01, 2017

ZEN Studios Software Developer Limited Liability Company including its affiliates (“ZEN”) will conduct online pinball tournaments (each a “Tournament”) in accordance with ZEN’s EULA, Privacy Policy, and Code of Conduct; furthermore these official general rules (“General Rules”), unless otherwise indicated. Participation in a Tournament constitutes your full and unconditional agreement to these General Rules and ZEN’s decisions, which are final and binding in all matters and in all respects.

Regarding any conditions, circumstances, or points of law, not regulated in these General Rules, the EULA, the Privacy Policy, and the Code of Conduct shall apply. These General Rules shall be deemed the integrated part of the EULA. If there is a conflict between the EULA or Privacy Policy or Code of Conduct and these General Rules, the provisions of these General Rules govern. These General Rules may be updated and modified at any time, for any reason by ZEN.

Rulings may be made outside the scope of these General Rules in order to apply tournament specific rules and preserve fair play and tournament integrity. With respect to each specific Tournament, more detailed rules, Tournament start and end dates, description of potential prizes and other Tournament-specific information may be provided at the time of each Tournament. The rules may be updated and modified at any time, for any reason. Participation in any Tournament constitutes entrant’s full and unconditional agreement to the Tournament-specific rules as well.

For questions and information about these General Rules, please contact us at info@zenstudios.com.

Marvel Entertainment LLC, and its parents, subsidiaries and affiliates (collectively, the “Marvel Parties”) are not responsible for the administration of the Tournament, the collection of entries, conduct of draws, or the fulfillment of prizing. Any questions you have regarding the Tournament should be directed to ZEN and not to the Marvel Parties.

The current versions of ZEN’s EULA, Privacy Policy and Code of Conduct are available at:

EULA: http://zensite.wpengine.com/eula.html

Code of Conduct: http://zensite.wpengine.com/code_of_conduct.html

1. DESCRIPTION OF TOURNAMENT/PARTICIPATION.

A. Dates of Tournament: The Tournament will be conducted beginning August 14, 2018 at 12:01AM PDT and ending September 21, 2018 at 11:59PM PDT.

B. How to Enter: You must own an active ZEN pinball table (“Table”) on which any Tournament is launched, complete the tournament game and submit the score to ZEN. Free download of Pinball FX3, the demo version of a bundled product (or In-App Purchase) does not grant access to in-game events such as Tournaments. Tournament registration is on a first come first serve basis and is open until all applicable Tournament spots are filled. One entry per person per Tournament. Valid Tournament entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. ZEN shall not take any responsibility for lost, late, incomplete, misdirected or incomplete entries.

Entering the Tournament does not create or confer any license, right or ownership interest under any copyright, trademark or other intellectual property laws in or to any intellectual property owned and/or controlled by the Marvel Parties.

2. POTENTIAL WINNERS OF PRIZE(S).

Potential winners (“Potential Winners”) must comply with these General Rules and winning is contingent upon fulfilling all requirements. Potential Winners shall have no right to any prize unless the conditions set forth in these and any other applicable rules are satisfied. Potential Winners will be notified via e-mail and/or private message (“PM”) on the game’s site or in the game application within approximately seven (7) calendar days after the end of the Tournament. Each Potential Winner is required to follow the instructions in the e-mail and/or PM within five (5) days of notification (typically to provide ZEN and/or ZEN’s sponsors with the requested personal data, especially the physical mailing address and the phone number). Following the verification of eligibility and compliance with the terms of these rules, the Potential Winner will be declared the winner of the prize. If a Potential Winner cannot be contacted, does not respond, or fails to provide the required data and documentation within fourteen (14) days of the first notification attempt, the Potential Winner forfeits his or her eligibility to claim a prize.

Prizes may be mailed directly to the winners instead of ZEN by its sponsors up to ZEN’s sole decision. Regarding Potential Winners residing outside the USA, Canada and the EU, ZEN may devolve upon the Potential Winners the postage costs.

Potential Winners are limited to one prize package per Tournament. A description of the potential prizes, if any, will be provided for each individual Tournament. Prizes are non-transferable and not exchangeable for any other prize. There is no possibility to pay the prizes out in cash. There shall be no right for the Potential Winners neither for anyone else to claim ZEN to convert the prizes to cash or any other format of gift. In the case of unavailability of prize, ZEN reserves the right, in its sole discretion, to substitute a prize of equal or greater value. All taxes, gratuities and unspecified expenses are the sole responsibility of winner. Potential Winners who are eligible for award of a prize assume all liability for use of the prize. ZEN shall not cover any costs on the prize relating to its usage and other costs having other nature.

3. RANDOMLY SELECTED AND AUXILIARY POTENTIAL WINNERS.

Basically, players may become Potential Winners due to their performance, as defined in the Tournament-specific additional rules.

Apart this, prizes may be raffled among players, who participated the individual Tournament, if the Tournament-specific additional rules include the possibility of such. In such case, the raffle shall be always automatized in a way to choose the randomly selected Potential Winner(s) coincidently among players participated the given Tournament.

Additional auxiliary Potential Winners (“APW”) may be selected as well, if the Tournament-specific additional rules include the possibility of such. Should any Potential Winner not be eligible for his/her prize or not comply with any requirement as a condition for handing over of the prize within the given time frame, or refuses the handing over of his/her prize, the APW shall be eligible for the prize. Should the APW shall not be eligible, there should not be any winner for the prize concerned.

4. REQUIREMENTS OF POTENTIAL WINNERS AND LIMITATIONS.

Unless otherwise specified for an individual Tournament, all participants must be legal residents of such country where the participation is not prohibited by law and at least 13-years old as of date of entry. Children under 13 are not permitted to register for any Tournaments, and ZEN will not knowingly collect information from children under age 13. If requested by ZEN, winners must provide a copy of his/her government issued photo ID with proof of age. A parent or guardian of any participant who is a minor in his/her jurisdiction (usually under 18 years old) must sign a release on behalf of the minor to be eligible to receive a prize. Minors who do not have a signed release will not be eligible to receive a prize. Employees of ZEN, the Marvel Parties, the Tournament’s participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win. Eligibility to receive a prize is contingent upon fulfilling all requirements set forth herein.

5. POTENTIAL PRIZES AND VALUES

Potential Winners may win the following prizes with corresponding values:

Marvel’s Amazing Spider-Man Pinball trophy – $350.00

Gentle Giant Spider-Man mini-bust, statue or figurine – $100 – $199.00

Gift Card credit, platform of choice – $50.00 – $150.00

6. CONDITIONS.

ZEN is not responsible for any incorrect or inaccurate information, whether caused by users of the ZEN Services or by any of the equipment or programming associated with or utilized on the ZEN Services or in any Tournament or by any technical or human error, which may occur in the processing of registrations, entries into any Tournament, or otherwise in connection with any Tournament including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any participant in any Tournament. ZEN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure relating to the ZEN Services or any Tournament, or for any theft or destruction of or unauthorized access to, or alteration of, any registration materials or entries. ZEN is not responsible for any problems or technical malfunction of any telephone, network, satellite, cable or lines, computer, on-line-systems, servers or providers, computer equipment, software, failure of e-mail, registrations or entry submissions on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof in connection with the ZEN Services or any Tournament, including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any player in any game. ZEN is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating, downloading or uploading materials from the ZEN Services or in connection with any Tournament. Any use of robotic, automatic, micro, programmed or like entry methods will void all such entries by such methods, and disqualify any person using such methods. If, for any reason, any Tournament, in ZEN’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of ZEN, in ZEN ‘s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of any Tournament, ZEN reserves the right in its sole discretion to cancel, terminate, modify or suspend the Tournament and proceed in such a manner as may be deemed fair and equitable in its sole discretion.

In no event will ZEN, the Marvel Parties, their employees, their volunteers, their parents, affiliates, subsidiaries, suppliers, and related companies, their sponsors, advertising or promotion agencies or partners or any of their respective officers, directors, employees, representatives and agents, be responsible or liable for: (a) any indirect, incidental, consequential or punitive damages of any kind under any theory (whether contract, tort, warranty or otherwise), including but not limited to loss of profits or Tournament prizes, arising out of any participant’s access to and use of the ZEN Services or participation in any Tournament or (b) for any damages of any kind in excess of any fee paid by you (if any) to enter the applicable tournament. Without limiting the foregoing, everything on the ZEN Services and in connection with any tournament is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions do not allow the limitation or exclusion of certain liability or warranties so some of the above limitations may not apply to you. In such jurisdictions, ZEN’s liability is limited to the greatest extent permitted by law.

7. PUBLICITY.

By participating, all participants and winner(s) grant ZEN and its sponsors who are involved in the specific Tournament permission to use their names, nick-names, gamer-tags, characters, photographs, voices, and likenesses in connection with promotion of this and other Tournaments, in perpetuity, throughout the World, and waive any claims to royalty, right, or remuneration for such use. ZEN reserves the right to broadcast any Tournament.

8. RELEASE.

By participating, each participant and winner waives any and all claims of liability against ZEN, the Marvel Parties, and each of their respective employees, volunteers, parents, subsidiaries, affiliates, subsidiaries, suppliers, and related companies, sponsors, adverting and promotion agencies and partners, and any of their respective officers, directors, employees, representatives, and agents , from any and all liability for any loss, harm, damages, cost or expense, including without limitation property damages, personal injury and/or death, arising out of participation in any Tournament or the acceptance, use or misuse of the prize. If any part of these General Rules shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these General Rules and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. The failure of ZEN to partially or fully exercise any rights or the waiver by ZEN of any breach of these General Rules by you, shall not prevent a subsequent exercise of such right by ZEN or be deemed a waiver by ZEN of any subsequent breach by you of the same or any other term of these General Rules. The rights and remedies of ZEN under these General Rules shall be cumulative, and the exercise of any right or remedy shall not limit a right to exercise any other right or remedy hereunder.

In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of registration or upon later request. Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

9. CONDUCT AND DECISIONS.

By participating in the Tournament, participants agree to be bound by the decisions of ZEN, its employees, partners, and partner’s personnel. Participants must conduct themselves in a reasonable manner, maintaining a friendly and polite demeanor to competitors, Tournament officials, and to other participants of the Tournament. Participants who violate any rule, gain unfair advantage in participating in the Tournament, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. ZEN will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Tournament and ZEN ‘s decisions concerning such disputes shall be final. If the conduct or outcome of the Tournament is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of ZEN, ZEN reserves the right to terminate this Tournament, or make such other decisions regarding the outcome as ZEN deems appropriate. ZEN reserves the right, in its discretion, to disqualify any individual found (a) to be tampering with the registration or entry process or the operation of any ZEN Services or any Tournament; (b) be acting in violation of these General Rules; (c) to be hacking, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (d) to have provided any false or misleading information including, without limitation, any false names, addresses or e-mail addresses. All decisions will be made by the Sponsor and are final. Any attempt by a participant or any other individual to deliberately circumvent, disrupt or damage ordinary and normal operation of any Tournament, the ZEN Services, telephone systems or website, or undermine the legitimate operation of the Tournament is a violation of criminal and civil laws and should such an attempt be made, ZEN reserves the right to seek damages from any such participate to the fullest extent permitted by law.

10. CANCELLATION, TERMINATION, MODIFICATION, SUSPENSION OF ANY TOURNAMENT.

If for any reason, any Tournament, in ZEN’s opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of ZEN which, in the its judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of any Tournament, ZEN reserves the right in its discretion to cancel, terminate, modify or suspend the Tournament and proceed in such a manner as may be deemed fair and equitable by ZEN in its sole discretion.

11. GOVERNING LAW.

A. Applicability: This Section applies to and governs any dispute that arises out of or relates to a Tournament or these General Rules. This Section is in addition to Section 12 of the EULA. If any difference between Section 12 of the EULA and these General Rules exists, these General Rules govern as to disputes related to a Tournament, and the EULA will apply to disputes related to use of ZEN Services outside of a Tournament.

B. Negotiations:

1. In an effort to accelerate resolution and reduce the cost of any dispute, you and ZEN agree to first attempt to negotiate a resolution of any dispute informally for at least thirty (30) days before either party initiates any arbitration.

2. Negotiations will begin upon receipt of written notice by the party raising the dispute. ZEN will send its notice via email to the email address you have provided.

3. You may send your notice to ZEN to the following e-mail address: support@zenstudios.com Attn.: Legal Department.

C. Exclusive Jurisdiction: If a dispute cannot be resolved through negotiations, you or ZEN agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any dispute, controversy or claim arising out of or relating to this General Rules or any Tournament.

12. USE OF DATA.

ZEN will collect personal data about participants online, in accordance with the Privacy Policy. Please review ZEN’s Privacy Policy at http://zensite.wpengine.com/privacy_policy.html. By participating in a Tournament, participants hereby agree to ZEN’s collection and usage of their personal information and acknowledge that they have read and accepted the Privacy Policy.

Participants hereby entitle ZEN to share all and any necessary personal data provided regarding a Tournament with the sponsors supporting the specific Tournaments. All participants explicitly agree and accept their personal data to be published as set forth in Section 5 by ZEN or its sponsors. In case of disclosure of the winners, the name of the winners and the date of the win may be published. All players shall acknowledge the disclosure of the above scope of their personal data by signing up for the Tournament.

ZEN provides the possibility to the players to ask for erasing, blocking or amending any of his/her personal data by contacting info@zenstudios.com. Players shall acknowledge that the erase of required personal data, prior to the delivery of the prize, leads to the exclusion of the player from the Tournament.

Players shall bear all responsibilities and consequences of the inaccuracy of provided personal data and the unavailability of mailboxes. ZEN has no capacity to control the accuracy of the contact details provided in the course of any registration or afterwards. In this respect all responsibilities, legal and financial consequences shall fall solely on the players.

13. TAXES.

Each Potential Winner who has satisfied the required contingencies to become eligible for the award of a prize is solely responsible for any and all applicable taxes or contributions on such prize and the compliance with any related administrative requirements. ZEN or its sponsors are not responsible for any unspecified expenses or any related administrative tasks which shall be the responsibility of winners.

However, ZEN withhold the right to opt to pay directly any tax or contribution arisen relating to the prizes and administrate such acts. In lack of explicit communication by ZEN of such action, the winners shall proceed as defined hereabove and ZEN shall neither refund any tax or contribution nor accept any claim under any legal title from the winners.

14. RULES AND LIST OF WINNERS.

For a copy of the rules, or a list of winners, please send your request within thirty (30) days of the end of the Tournament by mail with a stamped, self-addressed return envelope with Tournament name and addressed to: support@zenstudios.com.