Candy Crush Music Season (August 2024)
These Candy Crush Music Season Tournament (“Tournament”) Terms & Conditions, including any updates, amendments or supplements thereto (“Rules”) codify the rules and standards of conduct that will apply as a condition to participate in the in-game Tournament in Candy Crush Saga (“CCS”). These Rules apply to all players that enter and/or participate in any round or stage in the Tournament (“Participants”). Please refer to section 5 for full details of the format of the events.
1. INTRODUCTION:
1.1. These Rules represent a legal agreement between King.com Ltd, a company registered in Malta whose address is Aragon Business Centre, Level 4, Dragonara Road, St Julians STJ3140, Malta, and its Affiliates (“Affiliates” is defined below in section 8.2; King.com Ltd and Affiliates shall be collectively referred to as “King”) (also referred to in these Rules as ‘we’, ‘us’ and ‘our’) and each Participant (also referred to in these Rules as ‘you’). By clicking the “Okay” button on the popup window, I have confirmed that I agree to these Rules.
1.2. These Rules establish the general rules of the Tournament and the Tournament activities, including rules governing player eligibility, Tournament structure, prize awards, and player conduct.
1.3. Each Participant is required to read, understand, and agree to these Rules before participating in the Tournament.
2. ACCEPTANCE OF RULES:
2.1. Acceptance: Each Participant must agree to these Rules to participate in the Tournament. If you do not agree to these Rules, please do not access or engage with the Tournament or CCS for the duration of the Tournament.
2.2. Changes to and Enforcement of these Rules: In its sole discretion, King (a) may update, amend or supplement these Rules from time to time; and (b) may interpret or apply these Rules by releasing bulletins, notices, in-game messages, community posts, explanatory videos, online postings, e-mail and/or other electronic communications that provide instructions and guidance to Participants. Any material changes to these Rules will be provided to the Participants prior to the next stage of the Tournament in which the changed rules will apply. Participation in a stage of the Tournament will constitute acceptance of the changed rules.
2.3. Applicability of these Rules: These Rules are intended to provide background rules for all aspects of the Tournament. These Rules are in addition to and expressly incorporate King’s Terms of Use (https://www.king.com/termsAndConditions) (“Terms of Use”), Privacy Policy (https://king.com/privacyPolicy) (“Privacy Policy”), and all rules governing the use of the CCS mobile game and the administration of the Tournament (where applicable).
3. PARTICIPANTS
3.1. Eligibility: To be able to compete as a Participant in the Tournament you must:
3.1.1. be normally resident and physically present in Australia, Austria, Argentina, Brazil, Canada, Chile, Denmark, Finland, France, Germany, India, Ireland, Italy, New Zealand, Netherlands, Norway, Spain, Switzerland, Sweden, United Kingdom, or the United States of America;
3.1.2. be on or above Level 25 in Candy Crush Saga;
3.1.3. be in good standing with respect to any King account (“Player Account”), with no undisclosed violations of King’s Terms of Use, or these Rules;
3.1.4. be at least 18 years old;
3.1.5. not be a director, officer, contractor, or employee of King or any Affiliate of King (collectively, “King Staff”), or a relative of any King Staff, unless King has been notified of and has expressly authorized such relationship in writing;
3.1.6. agree to be bound by these Rules, King's Terms of Use , Privacy Policy , and King’s written instructions as may be updated and amended from time to time; and
3.1.7. ensure that your participation in the Tournament is compliant with all applicable laws, and represent and warrant that you will take all steps necessary to ensure such compliance. King does not take responsibility for your compliance with local laws and visa requirements.
3.2. General Eligibility:
3.2.1. King shall have, in its sole and absolute discretion the right to:
3.2.1.1. update and amend the eligibility criteria listed in section 3.1 from time to time; and
3.2.1.2. determine the eligibility of any and all Participants and pre-vet the Participants based on the criteria listed in section 3.1.
3.2.2. Participants acknowledge that their eligibility status for participation in the Tournament as detailed in section 3.2.1 may change from time to time.
3.2.3. Participants acknowledge and agree that the receipt of the Prize (defined below) is subject to the requirements set out in paragraph 6.11 below.
3.2.4. King may prevent Participants from accessing or progressing with the Tournament if the requirements under section 3.1 are not met. To ensure compliance with local laws and regulations, King reserves the right to restrict the Tournament as set out in section 3.1.1 above.
3.3. Participant names: Participants must use an acceptable name and user profile picture in the Tournament. King reserves the right to revoke the eligibility of any Participant whose user profile picture, Player Account username or Facebook username is offensive, toxic, incorporates any King or third party intellectual property, including any commercial brand and product names, celebrity names, or is deemed to be inappropriate or unacceptable as determined by King in its sole discretion.
4. TOURNAMENT REQUIREMENTS:
4.1. Operating Systems and Devices: Mobile handset devices running at minimum: iOS 11.0; Android 6.0 or higher; Amazon Fire OS 5, UWP version Windows 10 v14393.0 and higher.
4.2. Mobile App Requirement: 1.283
4.3. Game: The featured game for the Tournament will be Candy Crush Saga. Players must be on Level 25 or above to access the Tournament.
4.4. Platforms: Mobile (App Store, Google Play), Amazon, Windows, and as updated by King from time to time.
4.5. Equipment: For security and fair gameplay purposes, NO MORE THAN THREE DEVICES MAY BE USED DURING THE TOURNAMENT PER PARTICIPANT. Participants who breach this requirement may be excluded from the Tournament, or King may require them to forfeit any Prize (as defined below). Participants must compete on eligible devices and may not use third party software or an external device or attachment of any kind that modifies gameplay of the Tournament without the express consent of King. Participants may not compete using any desktop emulator.
4.6. Unfair Play: King strives to provide a fun and fair gaming experience for all. While King cannot undertake an obligation or duty to eliminate unfair play entirely from the Tournament, King maintains a zero-tolerance policy against unfair play, and this applies (without limitation) to any unfair play done prior to the Tournament as well as during the Tournament. King may review gameplay and Tournament play in an effort to ensure fair play and will actively remove Participants from the Tournament and/or require Participants to forfeit any Prizes where we reasonably believe they have violated these Rules or the Terms of Use. King reserves the right to exclude any Participant or require the Participant to forfeit any Prize where King reasonably suspects such Participant engaged in unfair play at any point, whether by a breach of the above Equipment rules or any other method. For avoidance of doubt, unfair play includes (without limitation):
4.6.1. Using or taking advantage of any exploit or vulnerability in CCS which is not expressly authorized by us, or would reasonably be considered to not have been intended by us (in each case, whether accomplished using hardware, software, a combination thereof, or otherwise);
4.6.2. Sharing your Player Account with anybody else without King’s express written consent;
4.6.3. Using automated means or third party software to play CCS or engage in the Tournament, or to otherwise circumvent technological measures designed to control access to, or elements of, CCS and/or the Tournament;
4.6.4. Use of bots; i.e. any code and/or software, not expressly authorized by King, that allows the automated control of CCS or the Tournament (or any part of these);
4.6.5. Hacking; i.e. accessing or modifying the software of CCS or the Tournament in any manner not expressly authorized by King;
4.6.6. Use or engagement with any code and/or software, not expressly authorized by King, that can be used in connection with CCS or the Tournament and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
4.6.7. Simultaneously playing the same instance of CCS or the Tournament on multiple devices or multiple tabs in a browser; and/or
4.6.8. Taking any action or engaging with the Tournament in a manner that would be reasonably considered against the spirit of fair play.
4.7. Costs: Participants do not have to pay to enter the Tournament. No in-game purchases are required or necessary to take part in the Tournament. However, if they choose, Participants may opt to purchase in-game items or watch in-game advertisements we offer in order to receive in-game benefits. All in-game purchases are subject to the relevant platform’s purchase terms (such as Google Play Store or Apple App Store). Participants are responsible for any phone or internet charges that they may incur in entering the Tournament. If you are unsure about these charges, you should contact your phone or internet operator before entering.
5. TOURNAMENT FORMAT, POINTS, STRUCTURE
5.1. The Tournament will comprise of the following stages (each referred to as a “Stage” of the Tournament):
5.1.1. Qualifiers 1 & 2 (“Stage 1”)
5.1.2. First Knockouts (“Stage2”);
5.1.3. Second Chance (“SecondChance”);
5.1.4. Second Knockouts ("Stage3");
5.1.5. Finals Round 1 of 3 (“Stage4”);
5.1.6. Finals Round 2 of 3 (“Stage5”);
5.1.7. Finals Round 3 of 3 (“Stage6”).
5.2. Points: Participants will be tasked with collecting special Music Season candies (“Candies”) in any given Stage in the Tournament. Participants will receive bonus points for successfully completing new/uncompleted levels during the Tournament.
5.3. Stats: Participants’ scores will be displayed in CCS in a Tournament leaderboard of up to 999 other Participants for all Stages (“Tournament Leaderboard”). Various Stages may have different Tournament Leaderboard sizes. Additionally, Participants acknowledge that there are multiple Tournament Leaderboards being played simultaneously per Stage throughout the Tournament. The number of Tournament Leaderboards for each Stage will depend on the number of Participants competing at each Stage. As a result, Participants who complete the win conditions (see below) from other Tournament Leaderboards may, in addition to you, also progress to the next Stage.
5.4. Participants: You acknowledge that Participants in the game may: (i) be at varying skill levels, including advanced and beginner players; (ii) have different features, in-game items, and/or game modes available depending on progression in CCS; and/or (iii) choose to play offline and submit their scores at different times during each Stage. You also acknowledge that the Tournament is open to all eligible players and the number of Participants advancing to various stages throughout the Tournament will vary and may exceed the number of players in your Tournament Leaderboard. Participants will not know the total number of players in the Tournament during any of the Stages.
5.5. Win Conditions: Subject to King’s sole and absolute discretion, the final score on the Tournament Leaderboard at the close of each Stage will determine which Participants shall pass to the next Stage of the Tournament. King reserves the right to, acting reasonably, select Participants from Stage 6 to be a Winner (as defined below), for reasons such as (without limitation) if we disqualify other Participants due to breaches of these Rules, or another Participant does not meet the criteria as outlined in sections 3.1 or 6.11.
5.6. Timings and Dates:
Stage 1 - Qualifiers
5.6.1. Participants are tasked with collecting the Candies in Stage 1. Participants need to reach top 5 in the Tournament Leaderboard in Stage 1 to pass to Stage 2 of the Tournament.
5.6.2. There will be two groups of qualifiers held at different times/dates (see below) to allow more Participants to join the Tournament. Participants only need to qualify in one of the qualifiers to pass to Stage 2.
5.6.3. Event Timings: Stage 1 is scheduled to take place between 09:00AM EDT 19 September to 03:00AM EDT 26 September 2024. First group: 09:00AM EDT 19 September to 03:00AM EDT 23 September 2024. Second group: 09:00AM EDT 23 September to 03:00AM EDT 26 September 2024.
Stage 2 – First Knockouts:
5.6.4. Collect Candies and finish top 5 in a Tournament Leaderboard in Stage 2 to pass to Stage 3.
5.6.5. Event Timings: Stage 2 is scheduled to take place between 03:00AM EDT 27 September to 03:00AM EDT 30 September 2024.
Second Chance:
5.6.6. Where Participants: (i) are unable to collect sufficient numbers of Candies in Stage 1 or Stage 2 to pass on to Stage 3, or (ii) have not yet participated in any of the previous Stages, Participants may be offered a chance to pass to Stage 3 through Second Chance. Collect Candies and finish top 3 in a Tournament Leaderboard in Second Chance to reach Stage 3.
5.6.7. Event Timings: Second Chance is scheduled to take place between 03:00AM EDT 1 October to 03:00AM EDT 3 October 2024.
Stage 3 – Second Knockouts:
5.6.8. Collect Candies and finish top 3 in a Tournament Leaderboard in Stage 3 to reach Stage 4.
5.6.9. Event Timings: Stage 3 is scheduled to take place between 03:00AM EDT 4 October to 03:00AM EDT 7 October 2024.
Stage 4 – Finals Round 1 of 3:
5.6.10. Collect Candies and finish first place in a Tournament Leaderboard in Stage 4 to reach Stage 5.
5.6.11. Event Timings: Stage 4 is scheduled to take place between 03:00AM EDT 8 October to 03:00AM EDT 10 October 2024.
Stage 5 – Finals Round 2 of 3:
5.6.12. Collect Candies and finish first place in a Tournament Leaderboard in Stage 5 to reach Stage 6.
5.6.13. Event Timings: Stage 5 is scheduled to take place between 09:00AM EDT 10 October to 03:00AM EDT 12 October 2024.
Stage 6 – Finals Round 3 of 3:
5.6.14. Collect Candies and finish first place in your Tournament Leaderboard in Stage 6 to win the Tournament.
5.6.15. Event Timings: Stage 6 is scheduled to take place between 09:00AM EDT 12 October to 03:00AM EDT 14 October 2024.
5.7. Requirements: Winners and Runner-ups (as defined below) may, at King’s sole discretion, be required to sign publicity releases, and other related documentation (together, the “Documentation”). Documentation will be provided to these Winners and/or Runner-ups at a later date.
5.8. Side challenges: In-game challenges may be offered Participants throughout the Tournament which may award in-game prizes, at King’s sole discretion.
5.9. Participants may optionally participate in the ‘Warm up Collection’ phase preceding Stage 1, scheduled to take place between 03:00AM EDT 12 September to 09:00AM EDT 19 September 2024.
5.10. Tie Breaker: In the event of tied scores at any stage, the winner will be the first Participant to have submitted that score to King.
6. PRIZE AWARDS
6.1. Both the Grand Prizes and the Runner-Up Prizes (as defined below) are collectively referred to as the “Prizes”.
6.2. Grand Prize: There are ten Grand Prizes available to win. Subject to the Participant’s compliance with these Rules, ten Participants who gained the highest score in their Leaderboard during Stage 6 (each a “Winner”) shall be awarded the Grand Prize consisting of:
6.2.1. Up to three trips to live music performances of the Winner’s choice (each a “Trip”, together the “Trips”) to spend on all costs reasonably connected with a Trip (determinable at King’s sole discretion), such as travel arrangements, transfers, accommodations, event tickets, experiences, subject to a spending limit of $27,000 USD in total across all Trips (“Grand Prize Spending Limit”), these Rules and applicable laws. Each Trip must be to a legitimate live music performance event and must be pre-approved by King or King’s travel partner in writing. Notwithstanding the foregoing, up to $1,000 of the Grand Prize Spending Limit may be used for incidental costs per Trip. If: (i) the total costs exceed the Grand Prize Spending Limit; or (ii) the incidental costs during a single Trip exceeds $1,000, the Winner will be solely and fully responsible for those costs. A Winner may choose to participate in fewer than three Trips, in which case: (i) the total Grand Prize Spending limit will nonetheless apply across those Trips; and (ii) the $1,000 limit for Incidental Costs will nonetheless apply per Trip.
6.2.2. A gift voucher worth $1,000 USD redeemable with a ticketing provider to spend on tickets to live music performance events within the Winner’s country of residence. If similar gift vouchers are not available in the Winner’s country of residence, King’s nominated travel partner (“Element”) will book the live music performance event directly (subject to the spending limit and these Rules, without limitation paragraphs 6.6 and 6.7).
6.3. Runner-up Prize: There are ten Runner-up Prizes available to win. Subject to the Participant’s compliance with these Rules, ten Participants who gained the
second-highest score in their Leaderboard during Stage 6 (each a “Runner-up”) will be awarded a gift voucher worth $2,000 USD redeemable with a ticketing provider to spend on tickets to live music performance events within the Runner-up’s country of residence. If similar gift vouchers are not available in the Winner’s country of residence, Element will book the live music performance event directly (subject to the spending limit and these Rules, without limitation paragraphs 6.6 and 6.7).
6.4. Validity Period
6.4.1. The Grand Prize is strictly valid between 1 January 2025 to 31 December 2026 inclusive and all Grand Prize-related activities must be completed by the expiry of this time period, i.e. all travel must be finished by this date. King shall have the right to claim back or require any Winner or Runner-up to forfeit any portion of their Prize left unused after this time period.
6.4.2. The Runner-up Prize will have a validity period of up to 1 year from the date the gift voucher is purchased (Runner-ups may request a specific date in advance to Element in writing). Runner-ups should ensure all tickets are booked within the stated redemption period.
6.5. Guests: The Winner or Runner-up may invite guests to enjoy their Prize (“Guests”), subject to the applicable spending limit for that Prize and other requirements set out in these Rules. All Guests must be an adult of the legal age of majority in their country of residence and in the travel destination (for example, 21 if traveling to some states in the USA), unless accompanied by a parent or guardian who meets these requirements. Please note that some live performances or venues may have age and safety restrictions, and King is not liable for any non-compliance with these restrictions.
6.6. How to redeem the Prize: To redeem your Prize, Element will contact you with requested details, including proposed dates, live music performances, destinations (if applicable), and any specific requirements for the Trip at least 30 calendar days in advance of the desired date. King and/or Element reserves the right to request additional documentation and information to facilitate the booking process. Failure to provide the necessary details and documentation in a timely manner may result in delays in bookings, or forfeiture of the Prize if such delays exceed the Validity Period. If the Winner independently incurs costs (for example, by making bookings outside of the process set out in these Rules), neither King nor Element are not responsible for covering those costs, unless expressly stated by in these Rules or confirmed in writing by King.
6.7. Without prejudice to paragraph 10.3, while King will use commercially reasonable endeavours to fulfill the Prizes and the arrangements as requested by the Winners or Runner-Ups, you acknowledge this is not always possible for reasons including but not limited to: availability, spending limits, breaches or potential breaches of these Rules or the Terms of Use and/or legal requirements or restrictions. In such an event, King will not be liable for any delay or non-performance of its obligations provided that King shall:
(i) notify the affected Winner or Runner-ups; and (ii) take commercially reasonable steps to suggest alternative arrangements. King shall not be liable for any forfeiture of any Prize or part of the Prize where this has resulted from the Winner’s or Runner-up’s (as applicable) refusal of alternative arrangements proposed by King.
6.8. Costs not covered: Unless King or Element expressly states otherwise in writing (email sufficient), costs that are otherwise not specifically mentioned herein as being covered as part of any Prize are excluded. With respect to the Grand Prize, once an itinerary has been agreed with the Winner, any costs not expressly included in the itinerary will be at the expense of the Winner. To the maximum extent permitted under applicable law, neither King nor Element is liable for any non-redemption of any part of a Prize for any reason, unless that reason is directly and solely caused by King or Element and such reason was within King or Element’s reasonable control.
6.9. Any required travel authorizations (such as visas) or travel insurance must be arranged by you, and King will not arrange this on your behalf.
6.10. Other than the Prizes, King may at its sole discretion award in-game prizes, such as boosters and on-game Gold Bars, to Participants.
6.11. Requirements to collect the Prizes: Any Winner or Runner-up of the Tournament agrees to the following:
6.11.1. To the maximum extent permitted by applicable law, Winners and Runner-ups shall be required to sign publicity releases which may require them to participate in publicity activities in relation to the Tournament and the Prize. This paragraph 6.11.1 shall not apply to any countries with applicable laws that deem such grant of rights as set out in this paragraph is equivalent to payment or consideration;
6.11.2. They will (and ensure any Guests will) follow any rules, guidance, and requirements set forth by any third party connected to the Prize redemption, including without limitation the event venue, live performance providers, and transport operators. It is their responsibility to familiarize themselves with these. King is not responsible for any damages, penalties, fines, or other costs that may arise as a result of non-compliance with such rules or requirements;
6.11.3. They must provide accurate and complete information when requested by King to facilitate Prize redemption;
6.11.4. They must act in good faith and not make unreasonable or fraudulent requests concerning their Prize;
6.11.5. They must indemnify King against any claims, damages, or losses arising from their use of the Prize, including any actions or omissions of themselves and their Guests;
6.11.6. They must have a valid bank account in the country in which they are normally resident;
6.11.7. Only one Prize may be won per Participant;
6.11.8. Prizes are non-transferable and are not exchangeable for any other prize. Any attempt to transfer or sell a Prize will result in immediate disqualification and forfeiture of the Prize;
6.11.9. If they are unable to claim the Prize for any reason King is entitled to select another Winner or Runner-up (as applicable) in its sole discretion;
6.11.10. They will assume all liability for the use of the Prizes, including for their Guest’s use of the Prizes;
6.11.11. They must comply with all local laws and regulations when using the Prize, including without limitation travel restrictions. They will respect the local laws of the travel destination, and (if applicable) obtain any necessary visas, consents, vaccinations, health certificates, and any other documentation necessary to complete the itinerary at the time of travel, and will ensure their Guest (if applicable) does the same.
6.11.12. They and their Guests (if applicable) are solely responsible for any taxes, duties, import or other charges and costs which may be payable in respect of a Prize. Winners, Runner-ups and Guests are solely responsible for ensuring they comply with applicable laws or governmental requirements in respect of any taxes, duties, import or other charges and costs relevant to receiving the Prize;
6.11.13. With respect to the Grand Prize, where hotel accommodation is included in the Trip, the Winner will need a current and valid credit/debit card with sufficient available funds in order to check in at the hotels for security deposit purposes;
6.11.14. With respect to the Grand Prize, where the Trip includes foreign travel, travel insurance must be obtained by all participating in the Trip;
6.11.15. King and Element reserve the right not to organise travel to countries or areas where the British Foreign & Commonwealth Office advise against travel;
6.11.16. Winners and Runner-ups must comply with these Rules and winning is contingent upon fulfilling all requirements. Winners and Runner-ups shall have no right to the Prizes unless the conditions set forth in these Rules and any other applicable rules and King’sTermsofUse are satisfied;
6.11.17. In the unlikely event that Stage 6 results in more than ten Participants who achieved the highest score in their respective Leaderboards, King in its sole discretion is entitled to award the Grand Prize to only the top ten Participants who achieved the highest scores out of all of the relevant Participants;
6.11.18. With respect to the Grand Prize, if the Winner has not reached the legal age of majority for their travel destination (for example, 21 if traveling to some states in the USA), they must invite a Guest who fulfills this condition;
6.11.19. Neither Element or King will purchase re-sold tickets or use the secondary ticketing market to obtain tickets for any activities, as the legitimacy of these tickets cannot be guaranteed;
6.11.20. All monetary amounts for any Prize are stated in US Dollars. If the Prize requires conversion into another currency, King will apply its conversion rate at the time the Prize is awarded and inform Winners and Runner-ups of the equivalent amount in local currency; and
6.11.21. King makes no representation or warranty in relation to any Prize, to the fullest extent permissible by law, King will have no liability to the winner in relation to the Prize, its fitness for purpose, merchantability or otherwise.
7. DISCIPLINARY ACTION
7.1. Investigation of and Right to Monitor Compliance: To preserve the integrity of the Tournament, King will have the right to monitor compliance with these Rules and at their sole discretion investigate possible breaches of these Rules (which may include, without limitation, reviewing, monitoring, and collecting gameplay data about Participants).
Please see our Privacy Policy and the section ‘Playing our Games’ for more information on how we handle your personal information. Participants agree to cooperate with King in any such investigation. The failure by a Participant to cooperate with King is itself a violation of these Rules.
7.2. Subjection to Penalty: If we reasonably believe a Participant has violated any aspect of these Rules, we may subject a Participant to discipline, including, but not limited to Tournament round/Stage forfeitures, Prizes forfeitures, fines, disqualification/removal from the Tournament and legal claims. The nature and extent of penalties imposed will be determined by King in its sole discretion. All decisions of King regarding violations of these Rules or other issues regarding the Tournament, are final.
8. GRANT OF RIGHTS
8.1. Except for any countries with applicable local laws that deem such grant of rights as set out in this paragraph is equivalent to payment or consideration, Participant hereby grants to King and its Affiliates a perpetual, royalty-free, irrevocable, fully paid-up, worldwide, right and license (with the right to grant sublicenses) to copy, display, promote, distribute, edit, publish, host, store and otherwise use the Participant’s name, logos, trade or service marks, copyrighted material, Player Account username, Facebook username, initials, likeness, image, photograph, animation, avatar, autograph, voice, video or film portrayal, public persona, game play data and statistics, and use any material from the Tournament or streams of any video game, including video and audio material in which the Participant participates, and create derivative works of everything mentioned above (collectively, the “ParticipantMaterials”).
8.2. These Participant Materials may be shown in any and all present and future media whether now known or hereafter created, on any and all platforms and via any method of delivery (including but not limited to King and/or Affiliate owned and operated channels, promotional emails, social media accounts, any other third-party channels, print and online advertising and content, outdoor and indoor billboards, posters, signs and displays, television, and radio) from time to time. We may use the Participant Materials in connection with, but not limited to, the following: (a) the promotion or display of any aspect of the Tournament (whether in full or in part and whether on a live or delayed basis and all or any part of such event) and the broadcast, streaming, webcast or other distribution of any audio visual, visual and/or audio coverage of any of the foregoing; (b) the marketing and promotion of the Tournament, King’s products, King, King’s Affiliates, and King’s Affiliate’s products; (c) for King’s internal use and internal communications; and (d) for display on King’s websites and applications, together with those of its permitted streaming and broadcast partners (together the foregoing, the “Advertising and Commercial Materials”). "Affiliate" means from time to time any entity controlling, controlled by or under common control with King, where 'control'means the direct or indirect ownership of more than fifty percent (50%) of such entity's capital or equivalent voting rights.
8.3. By agreeing to these Rules, each Participant hereby waives, and agrees not to assert, any: (a) rights of prior review and/or approval of any of the Advertising and Commercial Materials; and (b) moral or other equivalent rights (if any) to which he/she is or may become entitled under applicable law in relation to the Advertising and Commercial Materials, or to his/her participation in the Tournament or King events. Nothing in these Rules requires King to make use of any of the rights or licenses granted herein.
8.4. Participants have the right to withdraw their consent to being included in the Participant Materials any time by contacting us via this email address: queries@support.king.com . In such a case, King will (as soon as reasonably practicable) cease the use of the Participant Material relating to that Participant. However, please note that King cannot always control the use of Participant Materials which have been already published or disseminated, therefore King reserves the right not to interrupt any uses of the Participant Material already in place at the time of withdrawal of consent to the extent that such interruption would involve a disproportionate effort on the part of King.
9. COLLECTION OF PERSONAL DATA: The data controller for all personally identifiable information or personal data that we collect about you as described in these Rules in relation to the Tournament is King.com Ltd. Element London Ltd is the travel partner that King has nominated to arrange aspects of the Prize, and may contact Winners and Runner-ups on King’s behalf to collect personal information. Element, King and its Affiliates shall collect, process, use and share your personal information for the purposes of administering the Tournament and these Rules and in accordance with our Privacy Policy . If you do not agree to our Privacy Policy, you should not participate in the Tournament. King will ensure that it will comply in all material respects with all applicable data protection laws. By accepting these Rules, each Participant is deemed to have read and acknowledged King’s Privacy Policy .
10. LIMITATIONS OF LIABILITY AND GENERAL RELEASE
10.1. As a condition of participating in the Tournament and to the greatest extent permitted by the applicable laws and regulations, each Participant agrees to release and hold harmless King and its parents, subsidiaries, and Affiliates, and each of their respective officers, directors, employees and other representatives (“Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, losses, or damages of any kind arising out of or in connection with their participation in the Tournament or delivery, mis-delivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, warranty or other theory. This paragraph shall not exclude any liability that cannot be excluded as a matter of law.
10.2. To the greatest extent permitted by applicable laws and regulations, King assumes no responsibility for any problems or technical malfunction of any communications network, computer systems, servers, software, Internet service providers, or e-mail systems; failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications; or any combination thereof, including damage to entrants' or anyone else's computer equipment related to or resulting from participation or downloading of any materials in this Tournament. In the event of such issues, King reserves the right to recommence, or reset the Tournament or any stage thereof in its sole discretion.
10.3. To the greatest extent permitted by applicable laws and regulations, King shall not be liable to Participants for any delay or non-performance of its obligations resulting from acts, events omissions or accidents beyond its reasonable control, including without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, pandemic, epidemic, civil compliance with any law or government order, rule, regulation or direction, fire, flood or storm (a “ForceMajeure Event”), provided that King shall: (a) notify the affected Participants of the Force Majeure event as soon as reasonably practicable; (b) take commercially reasonable steps to mitigate the impact of the Force Majeure Event; and (c) use commercially reasonable endeavours to recommence its affected operations in order for it to perform its obligations.
11. COMPLAINTS AND DISPUTE RESOLUTION
11.1. Most concerns can be solved quickly by contacting us at queries@support.king.com . Our customer support team can also be reached through our KingCommunityportal .
11.2. If you are a resident of the European Union, if you are not satisfied with the resolution of your request by our customer service, the European Commission provides an online dispute resolution Platform which is accessible at http://ec.europa.eu/consumers/odr.
11.3. If you are resident in the United States, please see section 12 below.
11.4. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, the provisions of section 13 below will apply.
12. For residents of the United States - BINDING ARBITRATION AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
12.1. The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this section 12 apply to you if you are domiciled in and/or played the CCS or participated in the Tournament in the United States. See JURISDICTION AND APPLICABLE LAW below for details. (9 U.S.C. §1, et seq.). The BINDING ARBITRATION AND CLASS WAIVER is governed by the Federal Arbitration Act (9 U.S.C. §1, et seq.) ("FAA") and federal arbitration law.
12.2. The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this section 12 apply to all Disputes between you and King and/or King's Affiliates relating to Tournament. Section 12 also applies to any Dispute (as defined below) between you and any King Affiliates, each of which is an intended third-party beneficiary of section 12.
12.3. To the fullest extent allowed by applicable law, you and we agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this section
12. A "Dispute" means any dispute, claim, or controversy (except those specifically exempted below) between you and King and/or King's Affiliates that in any way relates to or arises from any aspect of our relationship, including, without limitation, your engagement or attempted engagement with the Tournament, all marketing related to the Tournament, and all matters relating to or arising from these Rules, including any Disputes over the validity or enforceability of these Rules to arbitrate. A Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), warranty or any other legal or equitable theory. This includes Disputes, claims, or requests for relief arising at any time, including those that accrued before you entered into these Rules.
You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
12.4. Initial Dispute Resolution: Most concerns are quickly resolved in this manner to our customers' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between you and King and/or King's Affiliates, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the "Initial Dispute Resolution Period"). That period begins upon receipt of written notice from the party raising the Dispute. If King has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to us. If you have a Dispute with King and/or King's Affiliates, you must notify us in writing at the following email address: queries@support.king.com, using the subject line "Initial Dispute Resolution Notice". Your notice of Dispute must be individual to you and must include your name, the screen name and email address associated with your Player Account (if any), and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell King what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or King later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and King agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and King authorise the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Rules and the notice of Dispute (if any) that you or King provided before commencing arbitration.
12.5. Binding Arbitration and Arbitration Procedure: If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules") effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by these Terms. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. Arbitration hearings may be conducted by videoconference or telephone unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For players engaging in the Tournament from within the United States but who are not residents of the United States, arbitration will be initiated in Los Angeles County, California, and you and King agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions. The parties may bring any dispositive motion or motions during the course of the proceedings. Discovery in the arbitration will be limited to that necessary to resolve the Dispute. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator and not any federal, state or local court or agency, has exclusive authority to determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration as well as to decide all issues arising out of or relating to the interpretation, applicability, validity, arbitrability, enforceability and/or formation of this agreement to arbitrate, including, but not limited to, where a party raises as a defence to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is void, voidable, or not enforceable. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief will be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
12.6. Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS
ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the fullest extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NO ACTION WILL BE BROUGHT ON A CLASS OR COLLECTIVE BASIS AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO BRING SUIT ON A CLASS OR COLLECTIVE BASIS.
12.7. Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the licence granted to you under these Rules (if any). Either party may also seek relief in a small claims court for any individual Disputes within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider must close the case.
12.8. Exception – Mass Arbitration Before FedArb: Notwithstanding the parties' decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a "Mass Arbitration." If a Mass Arbitration is commenced, you and we agree that it will not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration will be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the "FedArb Rules"), and under the rules set forth in these Rules. The FedArb Rules are available at https:// www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration will be resolved using FedArb's Framework for Mass Arbitration Proceedings ADR-MDL, available at https:// www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb's Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration will be submitted on FedArb's claim form(s) and as directed by FedArb. You and King agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or King may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before FedArb. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) will be stayed.
12.9. 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in in this section 12 by sending written notice of your decision to opt-out to the following address: King.com Ltd Aragon Business Centre Level 4, Dragonara Road, St Julian's STJ3140, Malta, Attn: King Legal. The notice must be sent within 30 days of you first accessing the Tournament; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
12.10. The provisions of this section 12 will govern, control, and supersede, any inconsistent provisions of these Rules.
13. JURISDICTION AND APPLICABLE LAW
13.1. Except for section 12, paragraph 13.2 and paragraph 13.3, and unless the law of your country of residence states otherwise, the laws of England will govern the interpretation of these Rules and apply to claims for breach of it. If there is a Dispute between us regarding these Rules, then that Dispute will be subject to the jurisdiction of the courts of England unless the law in your country of residence allows you to choose the courts of that country for the Dispute in question. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.
13.2. For residents in the United States: You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in section 12 above, or otherwise determined not to be arbitrable. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to section 12 of these Rules, as well as any claim or request for relief in a lawsuit filed in court under an exception to the arbitration agreement in section 12, will be barred if filed more than two (2) years after the date that the claim or request for relief accrued. If the law requires a claim or request for relief be filed earlier than two (2) years after the claim or request for relief accrued, that law controls.
13.3. If you are a resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in section 12 above.
14. MISCELLANEOUS
14.1. King.com Ltd is the sole and exclusive promoter of the Tournament and no other third party (including Apple or any other platform) is responsible for the legal operation of the Tournament. The Tournament is not sponsored and/or endorsed by Apple or any other platform unless expressly mentioned in these Rules.
14.2. If a provision of these Rules is or becomes illegal, invalid, or unenforceable in any jurisdiction that shall not affect the validity or enforceability in that jurisdiction of any other provision of these Rules or the validity or enforceability in other jurisdictions of any other provision of these Rules.
These Rules were last updated on 02 09 2024.