Splitty Awards Terms

Last Updated: 3/6/24

Please read these rules, terms, and conditions (the “Terms”) carefully because they govern your access to and participation in the 2024 Splitgate awards event (“Splitty Awards”) made available by 1047 Games, Inc. (“1047 Games”).

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND 1047 GAMES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. Agreement to Terms. By visiting www.splittyawards.com (the “Splitty Website”),  making a Submission (as defined below) to the Splitty Awards, receiving these Terms in your social media or discord account and participating in the Splitty Awards, or voting for the Splitty Awards, you agree to be bound by these Terms.  If you don’t agree to be bound by these Terms, do not make Submissions or access or participate in the Splitty Awards.
2. Privacy.  1047 Games will receive access to your name, e-mail, address, and any other personal information you include within a Submission (“Personal Information”) if you participate in the Splitty Awards and/or have created or submitted a Submission. You agree that 1047 Games may use your Personal Information to identify you as a participant in the Splitty Awards, operate and promote the Splitty Awards, and send you prizes that may be awarded through the Splitty Awards.
3. Changes to these Terms. We may update these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Splitty Website.  It’s important that you review the Terms whenever we update them.  If you continue to participate in the Splitty Awards and have not requested 1047 Games to cancel your Submission after we have posted updated Terms, it means that you accept and agree to the changes.  We may change or discontinue all or any part of the Splitty Awards, at any time and without notice, at our sole discretion.
4. Eligibility.  You may participate in the Splitty Awards only if you have a valid Splitgate account, are 18 years or older at the time of submission and capable of forming a binding contract with 1047 Games, and are not otherwise barred from participating in the Splitty Awards under applicable law.  Employees and agents 1047 Games are not eligible to make Submissions or participate as contestants in the Splitty Awards, nor are their relatives or members of their families or households.
5. Your Submissions. Descriptions of the Submissions categories and deadlines for submitting to each category are set forth on the Splitty Website.

If you would like to submit an entry to the Splitty Awards, you must post it: (i) on Twitter and include the hashtag "#SplittyAwards" or (ii) to 1047 Games official Discord channel (any such posting, a “Submission”).  Your Submission(s) must be received by 1047 Games on or before the deadline for each Submission category, as set forth on the Splitty Website.  Submissions cannot be edited after submitting.  You represent and warrant that the information supplied within your Submissions is truthful and accurate.  1047 Games reserves the right to disqualify any Submission for any reason.

You may enter Submissions for yourself or nominate others.  If entering a Submission for a third-party, the third-party participant’s social media handle or discord handle must be tagged in the post and credit for the content within the Submission must be clearly given.

Submissions must be made in accordance with the rules and guidelines for each category, as listed on the Splitty Website.  Participants may submit as many entries as they like for any of the categories identified on the Splitty Website.

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6. Intellectual Property & Publicity Rights. 
   1. Game Content & User Content. Your Submissions will include content from any version of a Splitgate digital game (the “Game Content”) and may include edits, voice-overs, video recordations of Game Content, and other contributions from individuals contributing to the Submission (excluding any Game Content, the “User Content”).   Finalists and winners may also submit separate video announcements and testimonials related to the Splitty Awards (the “Acceptance Videos”), which, excluding any Game Content therein, will be deemed to be User Content hereunder.  1047 Games retains ownership of any and all Game Content and you receive no rights to Game Content hereunder.  1047 Games does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
   2. Permissions to Your User Content. You hereby grant to 1047 Games a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and presenting the Splitty Awards and promoting the Splitty Awards, 1047 Games, and the products and services of 1047 Games.  You irrevocably grant to 1047 Games and its assigns, licensees and successors the right and permission to film, tape, photograph, and otherwise record you at the Splitty Awards and to use your name, likeness, persona, image and voice that results from such recording or that is included within a Submission or Acceptance Video (collectively, “Appearance”), in any and all forms and media now existing or hereafter created in connection with the operating and presenting the Splitty Awards and promoting the Splitty Awards, 1047 Games, and the products and services of 1047 Games.  I understand that 1047 Games is under no obligation to use my Appearance and that I will not receive any financial compensation or cash payment for the rights or permissions granted by me hereunder.  I waive any right I may have to inspect or approve the use of my Appearance as contemplated herein.
   3. Your Responsibility for User Content. You are solely responsible for all your User Content.  You represent and warrant that you have (and will have) all rights that are necessary to grant us the license and permissions to your User Content and Appearances under these Terms. You represent and warrant that neither your User Content, nor any use of your User Content by 1047 Games as contemplated herein, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. Awards Process.
   1. Judging.  All Submissions will be viewed by a panel of employees within 1047 Games.  Submissions will be judged on creativity, originality, technical skill, and adherence to the category guidelines.  1047 Games will identify a subset of Submissions as finalists for each category.  1047 Games will select the finalists in its sole discretion and 1047 Games’s decisions are final and will not be subject to challenge or question.  Voting tallies will not be visible to the public and winners will be revealed only in the Splitty Award live show video.
   2. Voting. The Splitgate community will vote among the finalists to select the winners of each category of the Splitty Awards.  Voting will take place through electronic forms and other electronic communications specified by 1047 Games in its sole discretion.
   3. Winners.  A Submission will win a category if it is identified by 1047 Games as a finalist and subsequently receives the most votes among the other finalists within the Submission category.  1047 Games will announce finalists and winners for each category by video format.  If a Submission is made on behalf of a third-party and that Submission wins, the third-party participant who is nominated in the Submission is the winner.  The prize(s) awarded to winners of each category will be at 1047 Games’s sole discretion.  1047 Games currently plans to send each winner a Splitty trophy, which will be shipped to the winner’s address 6-12 weeks after the Splitty Awards live show, but 1047 Games reserves the right to change the prize awarded and timing for such award.  Winners agree to create video content that acknowledges and accepts any Splitty Award(s) they receive. 
8. General Prohibitions and 1047 Games’s Enforcement Rights. You agree not to do any of the following:
   1. Post, deliver, or otherwise submit User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) reflects extreme violence or is threatening, or promotes extreme violence or actions that are threatening to any person or entity; (vii) has excessive profanity, or (viii) promotes illegal or harmful activities or substances;
   2. Seek to make contact with, or attempt to influence the judges in any way;
   3. Impersonate or misrepresent your affiliation with any person or entity; 
   4. Violate any applicable law or regulation; or
   5. Encourage or enable any other individual to do any of the foregoing.

1047 Games is not obligated to monitor, review, or edit any participants, Submissions, or Acceptance Videos.  However, we have the right to do so for the purpose of operating the Splitty Awards, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.  We reserve the right, but are not obligated, to reject any content (including User Content) at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms.  We have the right to investigate violations of these Terms or conduct that affects the Splitty Awards.  We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9. DMCA/Copyright Policy. 1047 Games respects copyright law and expects its users to do the same. It is 1047 Games’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see 1047 Games’s Copyright and IP Policy at https://www.splitgate.com/copyright, for further information.
10. Termination. We may suspend or terminate your participation in the Splitty Awards, at our sole discretion, at any time and without notice to you.  Upon any termination, discontinuation or cancellation of your participation in the Splitty Awards, the following Sections will survive: 2, 6, and 9 through 16.
11. Warranty Disclaimers. THE SPLITTY AWARDS AND PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Splitty Awards or prizes will meet your requirements or be available. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content related to the Splitty Awards.
12. Indemnity. You will indemnify and hold 1047 Games and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your User Content or (b) your violation of these Terms.
13. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER 1047 GAMES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SPLITTY AWARDS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SPLITTY AWARDS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 1047 GAMES OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL 1047 GAMES’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SPLITTY AWARDS EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO 1047 GAMES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO 1047 GAMES, AS APPLICABLE.
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 1047 GAMES AND YOU.
14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and 1047 Games are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and 1047 Games each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution. 
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the Splitty Awards (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and 1047 Games agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and 1047 Games are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 
    2. Exceptions and Opt-out. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 
    3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
6. Class Action Waiver. YOU AND CLIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
7. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms” above, if 1047 Games changes any of the terms of this Section 15 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to legal@1047games.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of 1047 Games’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and 1047 Games in accordance with the terms of this Section 15 “Dispute Resolution” as of the date you most recently accepted these Terms.
8. Severability. With the exception of any of the provisions in Section 15(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

16. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between 1047 Games and you regarding the Splitty Awards, and these Terms supersede and replace all prior oral or written understandings or agreements between 1047 Games and you regarding the Splitty Awards. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without 1047 Games’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void.  1047 Games may freely assign or transfer these Terms without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by 1047 Games under these Terms will be given (i) via email or (ii) by posting to the Splitty Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. 1047 Games’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 1047 Games. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.