Creator Versus Event Contest Rules

OMEGA STRIKERS CREATOR VERSUS EVENT RULES

Please read the following Contest rules carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you participate in this Omega Strikers Creator Versus Event (“Contest”). By participating in the Contest, you acknowledge and agree to be bound by all of the terms and conditions stated herein as well as our Terms of Service and Privacy Policy available at https://www.odysseyinteractive.gg/, and any other rules or terms you receive notice of in connection with the Contest (collectively, the “Terms”). If you do not agree to the Terms, do not participate in the Contest. The Sponsors reserve the right to modify these Terms to ensure fairness and legal compliance.

Summary:

Company Name: Odyssey Interactive, Inc., 140 Columbia Street West, Waterloo, ON N2L 3K8 (the “Sponsors”)

Game Name: Omega Strikers (the “Game”)

Contest Name: Creator Versus Event

Participants: A maximum of 100 influencers and content creators, by invitation only.

Contest Structure: The name of each Participant that accepts the Sponsors’ invitation to participate in the Contest will be included in a drop-down menu in the Game. Players can then select the Participant of their choice to represent during the Contest Period from said drop-down menu. After a player selects a Participant, said Participant will receive one (1) point for every win that the player achieves in any of the Game’s matchmade queues (3v3 ranked and 3v3 unranked) during the Contest Period. The top ten (10) Participants who accrue the most points from their player supporters during the Contest Period will be awarded prizes in the order of total points earned, from most (1st place) to least (10th place). For the avoidance of doubt, Participants will only accrue points for wins from players who have chosen to support them during the Contest Period by selecting them from the in-game drop-down menu. Participants are permitted to contribute to the Contest as players but may only contribute to the Contest as a player via one (1) in-game account.

Prize Structure:

1st Place: In-Game Striker Character Skin based on the Participant IP, as well as a three percent (3%) share of the Game’s Net Revenue (as defined below) during the First Season (as defined below) of the Game, but no less than $25,000 USD.
2nd and 3rd Place: In-Game Striker Character Skin based on the Participant IP, as well as a one percent (1%) share of the Game’s Net Revenue (as defined below) during the First Season (as defined below) of the Game, but no less than $10,000 USD.
4th through 10th Place: In-Game Name Plate featuring the likeness of Participant’s favorite Striker Character from the Game or Participant IP.

General Terms:

Apart from marketing and advertisement of the Contest and Game in the ordinary course, Participants are otherwise prohibited from incentivizing or paying players to support them during the Contest Period.
Players can choose which Participant they choose to support at any time during the Contest, and they can change which Participant they are supporting an unlimited number of times.
Participants will be ranked by their total points at the end of the Contest and be granted their respective prizes.
Players of the Game during the Contest Period are not required to choose a Participant from the drop-down menu in order to play during the Contest Period, it is an optional choice.
In the event of ties, the two Participants will play a best of 5 series in the Game’s 3v3 game mode to determine a victor.

Detailed Rules and Terms:

INTRODUCTION: The Contest is a friendly competition between Participants that will include influencers, streamers and content creators featuring the Game, “Omega Strikers”. Invited Participants will compete via points earned for every win achieved by players who choose to support them in-game during the Contest Period. Participants will be rewarded at the end of the Contest Period according to their placement based on the total number of points they accrue.

PARTICIPANT ELIGIBILITY: NO PURCHASE NECESSARY. This Contest is void where prohibited. Participation in the Contest is available by invitation only to residents of the United States (excluding residents of New York and Florida), Canada (excluding the province of Quebec), the European Union (excluding residents of France, Italy, Germany, Spain and Poland) and the United Kingdom (England, Scotland, Wales and Northern Ireland) who are eighteen (18) years of age or older, or the age of majority in their region, meet the eligibility requirements, and accept and comply with the Contest Terms, subject to applicable law (individually and collectively referred to herein as “Participant(s)”). Your eligibility is contingent upon the specific laws of your state, province, principality or country of origin, and you are solely responsible for your compliance with those laws. Participants residing in certain states may participate in the Contest but may not be eligible to receive any prizes. Please be advised that non-monetary prizes may not be exchanged or redeemed for any cash value. In order for a Participant to be eligible, they must have been invited to participate in the Contest by the Sponsors with mutual agreement. Invitations are nontransferable.

CONTEST PERIOD: The Contest will begin at 11:00 AM PDT on Monday, September 19, 2022 and will end at 11:00 AM PDT on Wednesday, September 28, 2022. No requests to participate will be recognized if received after the submission deadline 11:30 PM PDT on Sunday, September 18, 2022. The Sponsors will announce winners of the Contest on or before Wednesday, October 5, 2022.

PARTICIPATION REQUIREMENTS: Purchase of the Game is not required to enter this Contest. In order to request to participate, potential participants must submit complete and accurate responses to the following Google Form located on Sponsors’ website. At minimum, the Google Form will request, and the potential participants must provide, the following information in order to be considered for an invitation:

Country of residence
Legal First Name and Last Name
Date of Birth
Content Creator Name (to be featured in the in-game drop-down menu

If invited to participate in the Contest by Sponsors, the Participant will receive email notification of their inclusion, and confirmation that their name will be included in the in-game drop-down menu during the Contest Period. For the avoidance of doubt, SUBMISSION OF THE GOOGLE FORM IS SIMPLY A REQUEST TO PARTICIPATE AND DOES NOT GUARANTEE THE INDIVIDUAL’S INVITATION TO PARTICIPATE IN THE CONTEST. To be considered, potential participants must submit their Google Form and/or the required information no later than 11:30 PM PDT on Sunday, September 22, 2022. Participants that are invited to participate by Sponsors will be notified directly via email by Sponsors. Which potential participants receive invitations will be made by Sponsors in their sole discretion.

PRIZES AND WINNERS: Participants will be added to the Contest in-game drop-down menu prior to the start of the Contest so that players of the Game may select them during the Contest Period. After a player selects a Participant from the in-game drop-down menu, said Participant will receive one (1) point for every win that the player achieves in any the Game’s matchmade queues (3v3 ranked and 3v3 unranked) during the Contest Period. The top ten (10) Participants with the most points at the end of the Contest Period will win the prizes outlined below, from most points to least. At no point will winning Participants have an opportunity to select or modify the prizes offered, and no substitutions are available. Sponsors shall have sole discretion and control regarding the final design of each of the in-game prizes outlined below (including the Striker Skin, Goal Score Animation and VFX, and Name Plates), including the amount, portion and style of Participant IP used in connection therewith. By accepting these Terms, Participants agree that Sponsors may modify the Participant IP provided in connection with the Contest to the extent necessary to incorporate the Participant IP into the Game and prizes. In order to be eligible for the in-game prizes (including the Striker Skin, Goal Score Animation and VFX, and Name Plates), Participant must submit their relevant Participant IP to Sponsors (email sufficient) that they wish to be incorporated into their prize on or before Wednesday, October 12, 2022. Upon their creation and implementation into the Game following the Contest, each of the in-game prizes will be offered for free to all participating contestants. If a winning Participant is unable or refuses to receive the prize they won following the Contest, Sponsor reserves the right to render that Participant ineligible and provide their prize to the next eligible winner in line. Prizes that incorporate Participant IP will be made available in Game no later than January 31, 2023. Participants shall be responsible for any taxes owed in connection with the prizes received.

Contest Prizing

1st Place: One (1) In-Game Striker Character Skin based on the Participant IP, as well as a three percent (3%) share of the Game’s Net Revenue during the First Season of the Game, but no less than $25,000 USD. Net Revenue shall mean the gross revenue actually received by Sponsors from the sale of in-game content and currency less any and all taxes and store and platform fees (“Net Revenue”). The First Season of the Game shall run from September 16, 2022 to December 1, 2022 (the “First Season”). Given the nature of the cash prize for the 1st Place Participant, such cash prize shall not be awarded to Participant until after the First Season is complete, and no later than January 31, 2023. The 1st Place winner must formally accept the cash prize by providing their social security number or a W9, or the equivalent for jurisdictions other than the US, so that Sponsors may provide the necessary tax forms associated therewith.
2nd and 3rd Place: One (1) In-Game Striker Character Skin based on the Participant IP, as well as a one percent (1%) share of the Game’s Net Revenue during the First Season of the Game, but no less than $10,000 USD. Net Revenue shall mean the gross revenue actually received by Sponsors from the sale of in-game content and currency less any and all taxes and store and platform fees (“Net Revenue”). The First Season of the Game shall run from September 16, 2022 to December 1, 2022 (the “First Season”). Given the nature of the cash prize for the 2nd and 3rd Place Participants, such cash prize shall not be awarded to Participants until after the First Season is complete, and no later than January 31, 2023. The 2nd and 3rd Place winners must formally accept the cash prize by providing their social security number or a W9, or the equivalent for jurisdictions other than the US, so that Sponsors may provide the necessary tax forms associated therewith.
4th through 10th Place: In-Game Name Plate featuring the likeness of Participant’s favorite Striker Character from the Game or Participant IP.

DISQUALIFICATION: Participants may be disqualified from receiving Prizes on the following grounds:

Friends, immediate family or close relatives of the Sponsors or their employees are prohibited from entering or receiving prizes in connection with the Contest;
Acting as multiple Participants during the Contest or participating with multiple creator identities, and/or contributing to the Contest as a player with more than one (1) in-game account;
Threats to any person, place, business, or group, depictions of risky behavior, obscene, offensive, or infringing content in the Participant’s submitted Participant IP, as determined by Sponsor in its sole discretion;
Copying, directly emulating, reverse engineering, decompiling, or otherwise infringing on the intellectual property rights of any third party, including but not limited to other Contest Participants;
Providing any Participant IP or advertising the Contest by means of any content that violates any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity, or violates our Terms of Service or Privacy Policy;
The jurisdiction in which Participant resides determines that the Participant has violated that jurisdiction’s gaming, gambling, or lottery laws;
Participant’s submission of Participant IP contains misstatement(s) of material information, misstates the origin of the submitted content, or submits content that does not belong to Participant;
Participant’s submission of Participant IP contains any material misstatement of fact, defamatory or disparaging statements, or content intended to harass, target, or cause harm or distress to any individual, Participant, or the Sponsors;
Be unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
Tampering with the administration of the Contest, or trying in any way to tamper with the Game, its source code, or security measures;
Paying or otherwise providing improper incentives to players during the Contest Period to play the Game, select a specific Participant, refrain from playing the Game, or any combination thereof;
Obtaining other Participant or player information and spamming or harassing other Participants or players contributing to the Contest;
Winning Participant is unable to receive the prize applicable to that Participant as described in these Contest Terms; or
Winning Participant is unable or refuses to supply necessary information or Participant IP required for receiving a Prize or participating in the Contest.

All winners are determined based on the scoring system and Contest Structure outlined herein. Sponsors are under no obligation to contact or notify Participants and potential participants if they are not qualified or invited. Sponsors will not provide an opportunity to appeal or contest the rankings of the winners or the total point distributions, all of which are final. Disqualification, or demand for return of any Prize, does not preclude Sponsors from pursuing civil or criminal proceedings in connection with disqualifying conduct.

SPONSORS: This Contest is administrated by Odyssey Interactive, Inc., its affiliates, third party partners, parent, subsidiaries, agents and assigns (herein “Sponsors”). Sponsors are not responsible for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected requests to participate or submissions of information and Participant IP. Sponsors reserve the right, in their sole discretion, to modify or terminate this Contest in the event of any act, occurrence, or reason that they believe would corrupt the integrity, administration, or fairness of the Contest. By entering into and/or participating in the Contest, Participants agree to release, discharge, and hold harmless all Sponsors, their respective parents, affiliates, subsidiaries, advertising agencies, and other individuals engaged in the development or execution of the Game and this Contest, from any liability, claims, losses, and damages arising out of or relating to their participation in this Contest or the acceptance, use, misuse, or possession of any Prize received in this Contest, as may be applicable.

Under no circumstances shall the Sponsors, their parents, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the "Sponsor Entities and Individuals"), be liable to Participants for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to (1) the Game, the Contest, or Participant’s information or Participant IP; (2) the use of, inability to use, or performance of the Game; (3) any action taken in connection with an investigation by the Sponsors or law enforcement authorities regarding the Contest or the Game; (4) any action taken in connection with copyright owners; or (5) any errors or omissions in the Game’s or Contest’s technical operation, even if foreseeable or even if the Sponsor Entities and Individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the website). In no event will the Sponsor Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Sponsor Entities and Individuals total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100). The Sponsor Entities and Individuals are not responsible for any damage to any Participant’s computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Your participation in the Contest is solely at your own risk.

If you are dissatisfied with the Contest or if you do not want us to use your information or Participant IP in the Contest, the Game or our marketing materials, your sole and exclusive remedy is to contact us directly to remove your participation from the Contest. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of the Sponsors’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any property owned or controlled by the Sponsors and/or its parents, subsidiaries, and/or affiliates or your Participant IP, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Game or Contest or any and all other activities or actions related thereto. By becoming a Participant, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims, including, to the extent applicable, California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

PRIVACY: Apart from the name, creator identity, or user handle you provide to be displayed in the drop-down menu during the Contest Period, Sponsors will not intentionally disclose any personally identifying information about you (including information submitted on the Google Form or via e-mail, your social security number, your e-mail address, information obtained by the Google Form from cookies, or information regarding your IP address) to third parties without your consent except where the Sponsors, in good faith, believe such disclosure is necessary to comply with the law or other contractual provisions of the Contest or to enforce the Terms of the Contest. Notwithstanding the foregoing, your participation in the Contest constitutes consent for the Sponsors’ disclosure of your name, creator identity, or user handle in the Game during the Contest Period, and your acceptance of any prize also constitutes consent for Sponsors to use the Participant IP in connection with the creation and use of the in-game prizes in perpetuity following the Contest Period. The personally identifying information and Participant IP collected from Participants will only be used in connection with the Contest, the Game and the prizes. The processing of personal data is carried out for the purpose of handling the Contest. The personal data is used to identify the Participants, to notify them of prizes and to create and distribute any prizes. The personal data is being processed within the United States and Canada. Apart from the Participant IP used in connection with the in-game prizes to be offered in the Game, all data will be deleted as soon as the Contest has been completed and all prizes have been distributed. Sponsors reserve the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Sponsors utilize e-mails to notify winning Participants and may also use e-mail to let Participants know of future contests, events and changes to Contest Terms. Sponsors’ Privacy Policy can be located here: https://www.odysseyinteractive.gg/privacy-policy.

GRANT OF RIGHTS: For purposes of this Contest, we grant you the non-exclusive, non-commercial, and limited right and license to use the Game content for purposes of publicly displaying your Contest participation and advertising your participation during the Contest Period. Any other use of the Game content shall be subject to the limitations set forth in our Terms of Service. By participating in this Contest, you represent that you are eighteen (18) years of age or the age of minority in your country of residence, or your parent or legal guardian (if Participant is deemed a minor in his or her place of residence) consent to these Terms and grant Sponsors the non-exclusive, universal, and royalty-free right to use, modify, and incorporate into the Game your name and/or creator identity, name or handle during the Contest Period for placement in the in-game drop-down menu. By participating in this Contest, winning 1st Place and accepting the associated prize(s), you agree to grant Sponsors a non-exclusive, irrevocable, perpetual, universal, and royalty-free right to use, modify and incorporate into the Game your name, creator identity, name or handle, logo, artwork, and any copyrightable subject matter or intellectual property associated therewith (including but not limited to any derivatives or modifications thereof) provided by you to Sponsors as a Participant and prize winner, in connection with the creation of the in-game prizes and their use and distribution in the Game and any promotional materials. By participating in this Contest, winning 2nd or 3rd Place and accepting the associated prize(s), you agree to grant Sponsors a non-exclusive, irrevocable, perpetual, universal, and royalty-free right to use, modify and incorporate into the Game your name, creator identity, name or handle, logo, artwork and any copyrightable subject matter or intellectual property associated therewith (including but not limited to any derivatives or modifications thereof) provided by you to Sponsors as a Participant and prize winner, in connection with the creation of the in-game prizes and their use and distribution in the Game and any promotional materials. By participating in this Contest, winning 4th through 10th Place and accepting the associated prize, you agree to grant Sponsors a non-exclusive, irrevocable, perpetual, universal, and royalty-free right to use, modify and incorporate into the Game your name, creator identity, name or handle, logo, artwork and any copyrightable subject matter or intellectual property associated therewith (including but not limited to any derivatives or modifications thereof) provided by you to Sponsors as a Participant and prize winner, in connection with the creation of the in-game prizes and their use and distribution in the Game and any promotional materials. All information and material submitted to Sponsors pursuant to this section including, but not limited to, your name, creator identity, name or handle, logo, artwork, likeness, and any copyrightable subject matter or intellectual property associated therewith (including but not limited to any derivatives or modifications thereof) shall be collectively referred to as “Participant IP”. Sponsors may post images or videos of winning Participants or their Participant IP on their website or on social media platforms. By providing Participant IP to Sponsors in connection with the Contest, you waive any and all future claims against Sponsors, including but not limited to claims at law or equity, in connection with Sponsors’ use of your Participant IP.

You may not submit any Participant IP that you did not create or that you do not have permission to share. You agree to indemnify and hold Sponsors and their affiliates, agents, parents, subsidiaries, employees, officers, and assigns harmless from any and all claims arising from use or misuse of Participant IP, including but not limited to claims for infringement, defamation, harassment, or injury arising in connection with image or video submissions. We reserve the right to use Participant IP in any lawful manner as provided in the Grant of Rights herein.

WAIVERS AND LIMITATIONS: Sponsors are not responsible for: any incorrect, invalid or inaccurate information provided by potential participants; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit a Participant to participate in the Contest or players to play the Game), including without limitation any injury or damage to any Participant’s or any other person's computer or video equipment relating to or resulting from participation in the Contest or playing the Game; inability to access the Game, or any web pages that are part of or related to the Contest, such as the Google Form, e-mail or the Game website; theft, tampering, destruction, or unauthorized access to, or alteration of, submission forms and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

Sponsors are not responsible for incomplete, illegible, misdirected or stolen request to participate Google Forms. If for any reason the Contest is not capable of running as originally planned, or if the Contest, Game, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper participation in or execution of the Contest in accordance with these Contest Terms, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by Participants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Sponsors corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsors reserve the right, at their sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all other eligible Participants. If such cancellation, termination, modification or suspension occurs, notification will be provided to the Participants.

ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR GAME IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

DISCLAIMERS: THE SPONSORS DO NOT WARRANT THAT YOUR ACTIVITIES OR PARTICIPATION IN THE CONTEST, IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE SPONSORS SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY ENTERING THE CONTEST, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU PARTICIPATE. FURTHER, THE SPONSORS AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE SPONSORS AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR YOUR CONTEST PARTICIPATION, INCLUDING, WITHOUT LIMITATION, THE PARTICIANT INFORMATION AND IP AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. ALL PRIZES ARE PROVIDED "AS IS" AND ARE NON-RETURNABLE AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT RELEASED ENTITIES HAVE NO RESPONSIBILITY FOR OFFERING OR ADMINISTERING THE CONTEST.

GAME INTELLECTUAL PROPERTY: Sponsors are the sole and exclusive owners of any and all intellectual property and proprietary rights in and to the Game and any expansion, port, DLC, sequel, prequel, or derivative works thereof, and any and all copyrightable subject matter related thereto, including but not limited to all content embodied therein and the Contest. Participants are prohibited from using the Game in any manner that conflicts with our Terms of Service, Community Guidelines or Privacy Policy, or otherwise violates these Contest Terms.

DISPUTE RESOLUTION: Participants agree to follow this Contest’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your participation in this Contest:

Informal Negotiations. Parties to a dispute concerning this Contest will attempt to informally negotiate a potential settlement or resolution to the dispute.

Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.

Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the Province of Ontario.

Any arbitration shall be limited to the claim between Sponsors and Participant individually. YOU AND SPONSORS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

MODIFICATION AND CHANGE TO CONTEST TERMS: Sponsors reserve the right to amend these Contest Terms at any time and without notice, and it is your responsibility to review these Contest Terms for any changes. If you continue to participate in the Contest after we change the Contest Terms, you accept all changes. The failure of Sponsors to comply with any provision of these Contest Terms due to an act of God, pandemic or epidemic including but not limited to COVID-19, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsors (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Contest Terms.