8 Ball Strike Tournament Terms & Conditions

These 8 Ball Strike Tournament Terms & Conditions ("Terms") govern participation in the tournament organized by AviaGames Inc. ("Sponsor", "Avia", "we", "our", or "us").

These Terms shall be read together with: (i) the official Tournament rules, event instructions, schedules, prize descriptions, gameplay requirements, and related tournament announcements issued by Sponsor from time to time (collectively, the "Tournament Rules"); (ii) the AviaGames Terms of Service (the "Terms of Service"); and (iii) the AviaGames Privacy Policy.

By registering for, accessing, or participating in the Tournament, each participant ("Participant," "you," or "your") agrees to be bound by these Terms, the Tournament Rules, the Terms of Service — INCLUDING WITHOUT LIMITATION ITS MANDATORY ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS — and the Privacy Policy, each of which is incorporated herein by reference. The Privacy Policy is incorporated for informational purposes regarding how Sponsor collects, uses, processes, stores, discloses, and protects personal information in connection with the Tournament and the Services.

In the event of any inconsistency between these Terms and the Tournament Rules, the Tournament Rules shall control solely with respect to Tournament gameplay mechanics, scoring methodology, advancement procedures, scheduling, and prize allocation. In the event of any inconsistency between these Terms and the Terms of Service or Privacy Policy, these Terms shall control solely with respect to Tournament-specific matters, and the Terms of Service and Privacy Policy shall otherwise remain in full force and effect. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Terms of Service.

The Tournament is a limited-time online skill-based competitive promotional event conducted through the 8 ball Strike platform.

Tournament outcomes are determined based on gameplay performance, scores, rankings, and match results in accordance with the Tournament Rules and not by chance.

The Tournament is void where prohibited by law, including without limitation in Arkansas, Delaware, Louisiana, South Dakota, Michigan, and all U.S. Territories.

Sponsor reserves the right, in its sole discretion, to limit, deny, suspend, or revoke Tournament access in any jurisdiction where operation of the Tournament, award structure, or related gameplay may violate applicable law, regulation, licensing requirements, platform policy, or operational restrictions.

Participation is open only to individuals who: (i) satisfy all eligibility requirements set forth in the Tournament Rules; (ii) maintain an active 8 ball Strike account in good standing; (iii) comply at all times with the Terms of Service and all applicable platform policies; and (iv) satisfy all account verification, residency, gameplay, age, and geographic eligibility requirements required by Sponsor. This tournament may not be available to all users.

Participation in Championship-stage matches may require Participants to appear on livestream and enable a functioning webcam during gameplay. Participants who decline, fail to respond, or do not meet the Championship livestream requirements may forfeit eligibility for the applicable stage, and Sponsor may designate an alternate eligible Participant to replace such Participant.

Employees, contractors, officers, directors, agents, representatives, affiliates, subsidiaries, advertising agencies, promotion agencies, and immediate family or household members of Sponsor are not eligible to participate.

Sponsor reserves the right, at any time and in its sole discretion, to verify eligibility, identity, residency, gameplay activity, account ownership, and compliance with these Terms, the Tournament Rules, and the Terms of Service, including by requiring Participants to provide government-issued identification, proof of residency, tax documentation, account verification materials, or any other information reasonably requested by Sponsor.

The Tournament structure, stages, brackets, scoring systems, rankings, advancement criteria, gameplay requirements, prize structures, and scheduling are governed by the Tournament Rules. Sponsor reserves the right, in its sole discretion and to the fullest extent permitted by law, to administer, interpret, modify, suspend, postpone, or terminate any aspect of the Tournament where reasonably necessary to preserve Tournament integrity, address operational or technical issues, comply with applicable law, prevent fraud or abuse, or otherwise ensure fair administration of the Tournament.

Without limiting the foregoing, Sponsor reserves the right to investigate gameplay activity, review match data and gameplay recordings, detect and prevent fraudulent conduct, correct technical or scoring errors, invalidate suspicious gameplay activity, replay matches, modify brackets or schedules, suspend accounts, revoke Tournament access, remove Participants, withhold rewards, or permanently disqualify any Participant who Sponsor reasonably believes has violated these Terms, the Tournament Rules, the Terms of Service, or applicable law.

All determinations, interpretations, decisions, and judgments made by Sponsor relating to the Tournament, including eligibility determinations, gameplay determinations, score calculations, rankings, advancement decisions, reward determinations, enforcement actions, and rule interpretations, shall be final and binding to the fullest extent permitted by law.

Tournament rewards may include: (i) real cash prizes; (ii) Bonus Cash rewards; and/or (iii) physical promotional items, including without limitation autographed sports memorabilia and related merchandise, as further described in the Tournament Rules.

Bonus Cash is a promotional in-game Virtual Item governed by the Terms of Service, including without limitation Sections 6.12 and related provisions thereof. Bonus Cash may only be used within the Services to enter eligible Cash Competitions and for no other purpose. Participants acknowledge and agree that Bonus Cash: (i) cannot be purchased with real money unless expressly authorized by Sponsor within the Services; (ii) is not redeemable, withdrawable, refundable, transferable, or exchangeable for cash, currency, goods, services, or any item of monetary value; (iii) has no value of any kind outside of the Services; (iv) constitutes a limited, revocable, non-transferable license right provided by Sponsor solely for use within the Services; and (v) is subject at all times to the Terms of Service, including Sponsor's rights to manage, regulate, modify, revoke, remove, suspend, or eliminate Virtual Items in its sole discretion.

The retail value of each jersey prize is estimated at One Hundred U.S. Dollars ($100) and reflects unautographed merchandise only. The value of hand-signed merchandise is inherently subjective and may fluctuate based on the featured player, authentication status, market conditions, collectibility, and other factors at the time of prize award.

Participants acknowledge and agree that all Tournament rewards are promotional in nature and subject to verification, eligibility confirmation, fraud review, and compliance with these Terms, the Tournament Rules, and the Terms of Service. Sponsor reserves the right to substitute any advertised reward with a reward of equal or greater value where reasonably necessary due to availability, operational, legal, shipping, customs, or other circumstances beyond Sponsor's reasonable control.

Potential winners may be notified by direct message, comment reply, email, or any other communication method that Sponsor reasonably believes will successfully contact the potential winner.

Potential winners must respond to Sponsor's initial contact and provide all requested information, documentation, tax forms, declarations, shipping details, eligibility confirmations, and verification materials within seventy-two (72) hours following such contact. Failure to timely respond or provide complete and valid documentation within the required timeframe may result in disqualification and forfeiture of the applicable reward, in Sponsor's sole discretion.

Sponsor shall not be responsible for unsuccessful attempts to contact potential winners due to spam filters, inactive email addresses, incorrect contact information, message blocking, delivery failures, or other circumstances outside Sponsor's reasonable control. Sponsor further shall not be liable for lost, delayed, damaged, stolen, intercepted, undeliverable, misdirected, or unclaimed physical shipments once transferred to the applicable shipping or delivery provider.

Participants are solely responsible for all taxes, reporting obligations, customs duties, governmental fees, bank fees, currency conversion fees, or other charges arising from or relating to Tournament participation or receipt of any reward. Sponsor reserves the right to issue IRS Form 1099-MISC or any other applicable tax documentation, and to withhold amounts required under applicable law, in accordance with Section 7 of the Terms of Service.

Participants acknowledge and agree that the Tournament and related gameplay activity may be livestreamed, recorded, photographed, rebroadcast, edited, clipped, excerpted, displayed, published, distributed, or otherwise publicly communicated by Sponsor and its authorized partners.

By participating in the Tournament, each Participant grants Sponsor, its affiliates, contractors, licensees, advertising partners, production partners, and service providers a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right and license to use, reproduce, edit, modify, publish, distribute, broadcast, publicly display, create derivative works from, and otherwise exploit the Participant's name, username, gamer tag, likeness, image, voice, avatar, gameplay footage, Tournament statistics, rankings, chat content, and related Tournament content, in any media now known or later developed, for advertising, publicity, promotion, marketing, user acquisition ("UA"), esports promotion, social media, commercial, and related business purposes, without further notice, approval, or compensation.

Participants acknowledge and agree that Tournament-related content may be edited, altered, modified, combined with other materials, or otherwise used in Sponsor's sole discretion, and Participants waive any right to inspect or approve any such use.

To the fullest extent permitted by applicable law, Participants release and hold harmless Sponsor and its authorized partners from claims arising out of or relating to the authorized use of Tournament-related content, including claims relating to publicity rights, privacy rights, or similar rights.

This Section shall survive completion, suspension, or termination of the Tournament.

Without limiting any restrictions contained in the Terms of Service, Participants may not: use bots, automation software, scripts, exploits, cheats, unauthorized third-party software, AI-assisted gameplay systems, account-sharing arrangements, or unauthorized tools; manipulate matchmaking systems, rankings, scoring systems, gameplay outcomes, or Tournament brackets; intentionally disconnect from matches; engage in collusion, fraudulent activity, abusive conduct, harassment, or unsportsmanlike behavior; create or use multiple accounts to gain unfair advantage; circumvent geographic restrictions through VPNs, proxies, emulators, or similar technologies; sell or transfer accounts or Virtual Items in violation of the Terms of Service; or otherwise interfere with the integrity or proper administration of the Tournament or the Services.

Any violation or suspected violation of these Terms, the Tournament Rules, the Terms of Service, or applicable law may result in immediate suspension, disqualification, account restriction, forfeiture of rewards, termination of access to the Services, revocation of Virtual Items, legal action, or any combination thereof, in Sponsor's sole discretion.

Participants acknowledge and agree that the Services, Tournament systems, gameplay infrastructure, livestream systems, and related technologies are provided on an "AS IS" and "AS AVAILABLE" basis, subject to interruptions, outages, delays, errors, latency issues, connectivity failures, hardware incompatibility, software defects, cybersecurity incidents, and other operational or technical limitations, as further described in Section 12 of the Terms of Service. Sponsor does not guarantee uninterrupted availability, error-free operation, or continuous accessibility of the Tournament or Services and shall not be liable for any gameplay interruption, delayed score submission, disconnection, server outage, data corruption, livestream interruption, payment delay, or technical malfunction affecting Tournament participation.

Sponsor reserves the right to modify schedules, restart matches, invalidate gameplay sessions, replay rounds, adjust brackets, delay Tournament stages, or take other operational measures reasonably necessary to preserve Tournament integrity or address technical issues.

By participating in the Tournament, Participants acknowledge and agree that Sponsor may collect, access, use, process, store, disclose, transfer, and otherwise process personal information, account information, gameplay data, Tournament participation data, livestream content, voice communications, gameplay recordings, verification materials, tax documentation, shipping information, device information, and related data for purposes including without limitation: Tournament administration; eligibility verification; fraud prevention; gameplay integrity review; customer support; reward fulfillment; tax reporting; livestream production; marketing and promotional activities; user acquisition activities; analytics; service improvement; legal compliance; dispute resolution; enforcement of these Terms, the Tournament Rules, and the Terms of Service; and other purposes described in the Privacy Policy.

All personal information shall be processed in accordance with the Privacy Policy and applicable law. To the fullest extent permitted by applicable law, Participants consent to Sponsor's collection, use, disclosure, storage, and processing of such information in connection with the Tournament and related business operations.

Where required by applicable law, Participants may exercise applicable privacy rights, including rights relating to access, correction, deletion, restriction, portability, or opt-out of certain data processing activities, by contacting Sponsor through official support channels at support@aviagames.com or as otherwise described in the Privacy Policy.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOURNAMENT, SERVICES, GAMEPLAY FEATURES, REWARDS, VIRTUAL ITEMS, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AviaGAMES, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISING PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, REPUTATIONAL HARM, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE TOURNAMENT, THE SERVICES, TOURNAMENT PARTICIPATION, GAMEPLAY ACTIVITY, LIVESTREAMS, REWARD FULFILLMENT, TECHNICAL ISSUES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms shall exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law.

These Terms, the Tournament, and any dispute, claim, or controversy arising out of or relating to the Tournament, the Services, or the relationship between Participant and Sponsor shall be governed by and construed in accordance with the laws designated in Section 14 of the Terms of Service.

Except where prohibited by applicable law, all disputes, claims, and controversies arising out of or relating to the Tournament, these Terms, the Tournament Rules, the Services, or the relationship between Participant and Sponsor shall be individually resolved exclusively through binding arbitration pursuant to Section 15 of Aviagames' Terms of Service, including without limitation the class action waiver, jury trial waiver, informal dispute resolution procedures, arbitration procedures, fee allocation provisions, and related dispute resolution terms contained therein.

BY PARTICIPATING IN THE TOURNAMENT, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU ARE WAIVING THE RIGHT TO A JURY TRIAL; (II) YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING; AND (III) ANY CLAIM MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY IN ACCORDANCE WITH SECTION 15 OF THE TERMS OF SERVICE.

These Terms constitute a legally binding agreement between Participant and Sponsor solely with respect to the Tournament and supplement, but do not replace, the Terms of Service and Privacy Policy. If any provision of these Terms is held unlawful, void, or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

Sponsor reserves the right to revise, amend, update, or modify these Terms, the Tournament Rules, or any Tournament-related policies at any time in its sole discretion. Continued participation in the Tournament following any such modification constitutes acceptance of the updated Terms.

The English-language version of these Terms shall control in the event of any inconsistency with any translated version.

Except where otherwise expressly provided herein or in the Terms of Service, questions concerning the Tournament, these Terms, gameplay matters, eligibility, or reward fulfillment should be directed to Sponsor's customer support team at support@aviagames.com