Shyfft, Inc. and its affiliates (collectively “YouFreakingNoob”), which also encompasses “YouFreakingNoob.com” will conduct the YouFreakingNoob Tournament (the “Tournament”). The Tournament competition consists of tournament contests across varying time schedules, typically weekly.
These Official Rules, including any updates, amendments or supplements thereto (“Official Rules”) codify the rules and standards of conduct that will apply as a condition to participation in the Tournament. These Official Rules apply to all Players (“Participants”) and player or teams who are actively participating in the Tournament or any event related to the Tournament, or plan to participate in any current or future event related to the Tournament.
These Official Rules have been designed to ensure the integrity of all Tournament competitions, to protect the image and reputation of the Tournament, Operations (as defined herein) and the Franchise (as defined herein), and to create a consistent and high-quality experience for members of the public that view Tournament events.
These Official Rules form a contract between Participants, on the one hand, and YouFreakingNoob and its affiliates who are engaged in operating the Tournament (collectively, the “Operations”), on the other hand. These Official Rules establish the general rules of online Tournament play including rules governing player eligibility, Tournament structure, points structure, prize awards, and player conduct. These Official Rules also contain limitations of liability, license grants, and other legally binding contractual terms.
Each Participant is required to read, understand, and agree to these Official Rules before participating in the Tournament.
THESE OFFICIAL RULES AND ALL DISPUTES RELATED TO OR ARISING OUT OF YOUR PARTICIPATION IN THE Tournament ARE GOVERNED BY A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS IN SECTION 15 AS WELL AS LIMITATIONS OF LIABILITY AND RELEASE PROVISIONS IN SECTION 13. THESE CLAUSES AFFECT YOUR LEGAL RIGHTS AND REMEDIES, AND YOU SHOULD REVIEW THEM CAREFULLY BEFORE ACCEPTING THESE OFFICIAL RULES. If a provision of these Official 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 Official Rules or the validity or enforceability in other jurisdictions of any other provision of these Official Rules.
Violation of these Official Rules may subject a Participant to discipline, including, but not limited to game/match forfeitures, prize forfeitures, fines, disqualification/removal from the Tournament and legal claims, at the Operations’s sole discretion, as further described herein.
- ACCEPTANCE OF OFFICIAL RULES.
1.1 Acceptance. Each Player must agree to these Official Rules to participate in the Tournament. Players may accept these Official Rules by any one of the following methods:
- By signing a Tournament Participation Form either in print or digitally;
- By creating a player or team;
- Participating in any part of the Tournament
1.2 Changes to and Enforcement of these Official Rules. YouFreakingNoob and Operations (a) may update, amend or supplement these Official Rules from time to time; and (b) may interpret or apply these Official Rules by releasing bulletins, notices, explanatory videos, online postings, e-mail and/or other electronic communications that provide instructions and guidance to Participants. YouFreakingNoob reserves the right to make any decisions on cases not specifically covered by these Official Rules to preserve the spirit of fair competition and sportsmanship. YouFreakingNoob’s authority, responsibility, obligations and consent rights as expressed herein will be exercised in YouFreakingNoob’s sole discretion. Any material changes to these Official Rules will be provided to the Participants prior to the next Tournament event in which the changed rules will apply. Participation in the Tournament will constitute acceptance of the changed rules. Changes to Section 15 will be governed by the provisions in that section.
1.3 Applicability of these Rules. These Official Rules are intended to provide comprehensive background rules for all aspects of the Tournament. Certain Tournament events may have additional rules that apply. Those rules will be communicated to Participant before the specific event, which Participant must accept before entering the Tournament event. Operations reserves the right to make any decision on cases not specifically covered by these Official Rules to preserve the spirit of fair competition and sportsmanship. These Official Rules are in addition to the Terms of Service, Privacy Policy and all rules governing the use of YouFreakingNoob accounts. The current versions of each policy are available at:
- Terms of Service: https://www.youfreakingnoob.com/terms-of-service/
- Privacy Policy: https://www.youfreakingnoob.com/terms-of-service/#privacy-policy
1.4 Additional Authority. Operations reserves the right to exercise necessary authority, without limitation, to protect the interests of the Call of Duty® video game franchise, including without limitation Call of Duty®: Modern Warfare® (collectively, “Franchise”), any person or entity who is associated with Franchise or Operations to provide products or services for the Tournament, any authorized person or entity to create and/or publish media for any reason at any time during the Tournament (“Press”), and any person who is present at an event related to the Tournament (“Attendee”). All decisions made by Operations are final.
- PLAYERS
2.1 Eligibility. To be able to compete as a “Player,” in the Tournament, you must:
2.1.1 be in good standing with respect to any YouFreakingNoob, YouFreakingNoob and Activision accounts (“Player Accounts”), with no undisclosed violations of YouFreakingNoob’s End User License Agreement;
2.1.2 be over the age of eighteen (18) prior to participating in any Tournament in the region;
2.1.3 reside and compete in the region associated with their YouFreakingNoob account. All Tournament competitions will be separated by region as follows:
2.1.3.1 North America: United States, Canada, Mexico, Puerto Rico;
2.1.3.2 such other jurisdictions as may be permitted by Operations (each, an “Eligible Jurisdiction”). Participants shall take whatever steps are necessary to comply with all laws of the jurisdiction in which they are a resident in order to participate in the Tournament;
2.1.4 not be a director, officer, or employee of YouFreakingNoob, relative of an YouFreakingNoob employee, or any entity which controls, is controlled by, or is under common control with YouFreakingNoob unless YouFreakingNoob has been notified of and has expressly authorized such relationship in writing;
2.1.5 not be a director, officer, or employee of a Call of Duty League player or team or any entity which controls, is controlled by, or is under common control with a Call of Duty League player or team;
2.1.6 not be on the Roster of more than one player or team at the same time;
2.1.7 agree to be bound by these Official Rules, YouFreakingNoob’s End User License Agreement, and the decisions of YouFreakingNoob and the Operations;
2.1.8 ensure that your participation in the Tournament is compliant with all laws of the jurisdiction in which you are resident, as well as the region you are competing, and represent and warrant that you will take all steps necessary to ensure such compliance.
2.1.9 Have an active Activision membership.
3 GENERAL ELIGIBILITY
3.1 YouFreakingNoob shall have, in its sole and absolute discretion, the right to determine the eligibility of any and all Participants. Players acknowledge that the eligibility determination of YouFreakingNoob is final, and that the eligibility status of any Participant or player may change at any time.
3.2 Player names. Players must use an acceptable name in Tournament competition. If a Player does not use his or her legal name, Operations reserves the right to restrict or change a Player’s tag, handle, or other name in its sole discretion. Operations reserves the right to revoke the eligibility of any Player whose YouFreakingNoob ID or Activision ID is offensive, toxic, incorporates any YouFreakingNoob or third party intellectual property, or is deemed to be inappropriate or unacceptable by Operations, to be determined in the sole discretion of the Operations.
3.3.1 Player names may not include a sponsor name.
3.3.2 Player names may not include a product name or description.
3.3.3 Player names may not include any words that are purely commercial.
3.3.4 Player names must comply with these Rules.
3.3.5 Player names must not include celebrity names or monikers.
3.3.6 Players may not use names of Call of Duty League players or player or teams.
- COMPETITIVE STRUCTURE AND FORMAT.
4.1 Platform. All Tournament matches will be played on Activision®4 (the “Console”). For Tournament competitions, competitors will be required to have an Activision ID and YouFreakingNoob account to connect to online services and compete.
4.2 Equipment. Players are to use Activision compatible controllers for all Tournament competitions.
4.3 Game. The featured title for the Tournament will be Call of Duty®: Modern Warfare®.
- Tournament Play
5.1 The Tournament competition consists of regularly scheduled tournaments known as Tournaments.
(i) Weekly Tournaments with defined rules announced prior to launch of Tournament.
(ii) You must only use an Activision ID that you own.
(iii) It is a Player’s responsibility to enter their correct Activision ID.
5.2 Tiebreaker 1 (W/L Sum): In the event of a tie, the prize will be split equally among players with the highest scores.
5.3 Default Start Time: All Tournaments will specify the start and end time in which statistics will be collected for the Tournament.
- Reporting
6.1 Proof: We highly recommend that proof is taken with the Activision built-in recording system to gather proof. At least one member of each player or team should take a video or screenshot(s) of each game’s results in case proof is needed for a dispute. All proof should be clearly visible and contain the players names, and their number of kills.
6.2 Disputes: In order to dispute game results, players/player or teams must notify a Tournament official via email. A dispute may only be filed within 3 business days following the announcement of results.
- Support
7.1 Support & Tickets: Tournament support can be requested by accessing Email Support.
7.2 Abuse: Verbal and/or written abuse of a Tournament official will not be tolerated through any medium. This includes, but is not limited to, voice communications in game, voice messages, live support chats, written messages on YouFreakingNoob, Twitter, Facebook, etc. Violators of this rule may be disqualified from the Tournament.
7.3 Technical Issues: If you are having technical issues, please contact support@YouFreakingNoob.com.
7.4 Decisions Are Final: Tournament staff have the final decision in all matters related to this competition. If a player feels the decision is unjust and/or goes against the rules listed for this competition, an Appeal Ticket should be created by sending an email to support@youfreakingnoob.com. Please include any information and proof pertinent to the issue
- CONDUCT AND PENALTIES.
8.1 Behavior
8.1.1 All Participants must at all times observe the highest standards of personal integrity and good sportsmanship and act in a manner consistent with the best interests of the Tournament, in each case as determined by Operations. Participants are required to behave in a professional and sportsmanlike manner in their interactions with other competitors, and members of the Operations, the media, sponsors and fans.
8.1.2 Participants may not use obscene or offensive gestures or profanity in their tags, player handles, game chat, live play communications, lobby chat, shoulder content, interviews, or other public-facing communications of any kind. This rule applies to English and all other languages and includes abbreviations and/or obscure references.
8.1.3 Participants are expected to settle their differences in a respectful manner and without resort to violence, threats, or intimidation (physical or non-physical). Violence is never permitted at any time or place, or against any person including competitors, fans, referees and officials.
8.1.4 The obligation to behave in a professional and sportsmanlike manner includes an obligation on the part of Participants to arrive on time and ready to compete for all games, matches and Tournaments in the Tournament Schedule. It also prohibits forfeiting a game or match without reasonable cause.
8.1.5 The Tournament is a place for players from around the world, from different cultures, and from different backgrounds, to come together to compete and share their passion for our game. Participants in our competitions should be focused on bringing the world together through epic entertainment, celebrating our game, players, and fans, and building diverse and inclusive communities. Participants, player or team Managers, and Owners must refrain from disruptive or divisive behavior, commentary, or other forms of expression during official Tournament and player or team events (including without limitation any Match) or on any official Tournament or player or team channels (e.g., Match broadcasts, Tournament or player or team shows, and official Tournament and player or team-branded websites and social media channels).
9 CHEATING AND GAME INTEGRITY
9.1.1 Participants must compete to the best of their skill and ability at all times. Any form of cheating by any Participants will not be tolerated. All Participants are prohibited from influencing or manipulating any game match (whether a Tournament match or otherwise) with the intent that any aspect of the match is determined by anything other than the competitive merits. Examples of cheating or behavior impacting game integrity are not exhaustive, and include without limitation:
9.1.2 Collusion, match fixing or any other action to intentionally alter, or attempt to alter, the results of any game, match or Tournament (or any components thereof);
9.1.3 Attempts to interfere with another player’s connection to the game service through Distributed Denial of Service (DDoS) or any other means;
9.1.4 Allowing an individual who is not the registered owner of a Player Account to play on that Player Account in a game and/or playing in a game while logged in to a Player Account registered to someone else;
9.1.5 Bot use, spot timing (e.g., not throwing the game, just timing a shot so bettors win), wintrading, drophacking, queue sniping and soft play on the ladder, ghosting (i.e., a game spectator illegally provides information about an opponent’s positions and/or movements), inducing another Participant to lose a match, and receiving leaked scrim footage and/or confidential or proprietary information of another player or team;
9.1.6 Misuse or hacking of game servers;
9.1.7 Use of unauthorized or Restricted Items;
9.1.8 Violent, threatening or harassing behavior in any Franchise or Tournament setting, (offline and online), including player or team housing;
9.1.9 Possession of a weapon at Tournament or player or team facilities or any other Tournament setting;
9.1.10 Inappropriate use of Tournament equipment; and
9.1.11 Any other actions or conduct that threatens to undermine the integrity of the Tournament and its player or teams.
9.1.12 Participants are not permitted to access the accounts of other individuals in order to artificially raise their competitive rank, earn Points, or any other actions that violate the above software license agreement. Violations of this Section 9.2.2, whether during the course of a Tournament season, during the Tournament off-season, or prior to such Participant’s entrance into the Tournament may result in discipline to be determined in the discretion of Operations.
9.1.13 Participants are not permitted to the use of Alt accounts. Use of such an account will result in disqualification from the event.
9.1.14 Participants must not make any effort to manipulate a game’s skill based matchmaking system, such as teaming with a non-participant with significantly lower stats, or “pilot” account.
9.2 Illegal and/or Detrimental Conduct.
9.2.1 Participants are required to comply with all applicable laws at all times.
9.2.2 A Participant may not engage in any activity or practice which (i) brings him or her into public disrepute, scandal or ridicule, or shocks or offends a portion or group of the public, or derogates from his or her public image, or (ii) is, or could reasonably be expected to be, detrimental to the image or reputation of, or result in public criticism of or reflect badly on, YouFreakingNoob, Tournament Operations, or any of their respective Representatives, the Tournament, the other player or teams or their respective sponsors or members, the game or any other product or service of the YouFreakingNoob. For the avoidance of doubt, Participant affiliation with individuals, entities or brands that are detrimental to the image or reputation of YouFreakingNoob, Operations, or any of their respective representatives, Tournament, the other player or teams or their respective sponsors or members, the game or any other product or service of YouFreakingNoob, as determined by Operations, will be deemed as a violation of this provision and these Official Rules. A non-exhaustive list of such types of misconduct are as follows:
9.2.2.1 Actual or threatened violence toward a person, including domestic violence, partner violence, dating violence and child abuse;
9.2.2.2 Sexual assault and other types of sexual offenses;
9.2.2.3 Illegal possession or distribution of a weapon;
9.2.2.4 Possession, use or distribution of performance-enhancing substances;
9.2.2.5 Conduct that poses a danger to the safety of another person;
9.2.2.6 Animal cruelty;
9.2.2.7 Theft and other property crimes; and
9.2.2.8 Crimes involving dishonesty.
9.2.3 Each Participant acknowledges that Operations and the player or teams may have an obligation under applicable law to report illegal activities to local law enforcement authorities or respond to formal inquiries from law enforcement or judicial authorities in jurisdictions where suspected violations of law have taken place.
9.3 Anti-Harassment.
9.3.1 Operations is committed to providing a competitive environment that is free of harassment and discrimination.
9.3.2 In furtherance of this commitment, Participants are prohibited from engaging in any form of harassment or discrimination (either in-game or outside the game), including without limitation that which is based on race, color, religion, gender, national origin, age, disability, sexual orientation, gender identity, or any other class or characteristic.
9.4 Gambling.
9.4.1 Gambling on the outcome of Franchise games, matches or Tournaments (including any components thereof) can pose a serious threat to the integrity of, and public confidence in the Tournament. Participants as well as employees of Operations or YouFreakingNoob are not allowed to (i) place, or attempt to place, bets on any games, matches or Tournaments (or any components thereof) involving the Franchise, (ii) associate with high volume gamblers, or deliver information to others that might influence their bets, or (iii) offer or accept any gift or reward to or from anyone for services promised, rendered, or to be rendered in connection with any Franchise match, including services related to defeating or attempting to defeat a competing player or team or services designed to throw, fix or otherwise influence the outcome of any Franchise, game or Match, Tournament event or otherwise.
9.4.2 This rule also prohibits Participants from participating in anyone else’s betting activities, asking anyone to place bets involving the Franchise (including without limitation Tournament games, Matches or Tournaments, or any components thereof) on a Participant’s behalf, or encouraging anyone else to bet involving the Franchise (including without limitation Tournament games, Matches or Tournaments, or any components thereof).
9.4.3 Participants likewise are prohibited from engaging in any fantasy esports leagues or games involving the Franchise in which the participant pays any form of entry fee in exchange for an opportunity to win a cash prize or other thing of value.
9.5 Alcohol and Drugs.
9.5.1 The use, possession, distribution or sale of illegal drugs is strictly prohibited. Participants are prohibited from being under the influence of any substance of abuse, including alcohol or marijuana, while the Participant is engaged in Tournament events or on premises that are owned by or leased to the player or team or Operations.
9.5.2 The unauthorized use, possession, distribution or sale of prescription drugs by a Participant is prohibited. Prescription drugs may be used only by the person to whom they are prescribed and in the manner, combination and quantity as prescribed. Prescription drugs may only be used to treat the condition for which they are prescribed and may not be used to enhance performance in a game, Match or Tournament.
9.6 Non-Disparagement.
9.6.1 Participants have the right to express their opinions in a professional and sportsmanlike manner; provided, however, that Participants may not make public statements that call into question the integrity or competence of match referees or Operations.
9.6.2 Participants may not at any time make, post, publish or communicate to any person or entity or in any public forum any false, defamatory, libelous, or slanderous remarks, comments or statements concerning YouFreakingNoob, the Operations, any of their respective representatives, the Tournament, the other player or teams or their respective sponsors or members, the Franchise or any other product or service of the YouFreakingNoob or its affiliates. In addition, Participants may not encourage members of the public to engage in any activities that are prohibited by this Section 9.7.
9.6.3 This Section 9.7 does not, in any way, restrict or impede a Participant from complying with any applicable law or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law or order.
9.7 Software and Hardware.
9.7.1 Any intentional use, or attempted use, by a Participant of any bugs or exploits in the Franchise is strictly prohibited. Operations will determine, in its sole discretion, the bugs and exploits prohibited by this rule and whether a Participant has taken advantage of a bug or exploit in violation of this rule.
9.7.2 Participants must consult with Operations before bringing electronic storage devices to any Tournament event and are not allowed to use any mobile or external communication equipment during a match, including mobile phones.
9.7.3 Participants are prohibited from installing third-party software of any kind on any competition hardware or machines at Tournament events.
9.8 Confidentiality.
9.8.1 Participants must keep confidential and not disclose to any third party confidential and proprietary information concerning the Franchise, the Tournament, the Operations, YouFreakingNoob or its affiliates and sponsors.
9.8.2 This Section 9.9 does not, in any way, restrict or impede a Participant from complying with any applicable law or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law or order
9.9 Reporting.
9.9.1 Upon becoming aware of any conduct prohibited by this Section 9, Participants are required to immediately report the details to Tournament Operations at Support@YouFreakingNoob.com. Failure to comply with this requirement is an independent violation of these Official Rules.
9.10 Evading a Ban: Any player found evading a ban may be disqualified from this competition. If that player participates in any part of the match during the first Tournament round, that player or team will forfeit the games that were played. If that player participates in any part of a match after the first Tournament round, that player or team will be disqualified from the competition. The offending player(s) will be suspended from YouFreakingNoob for up to ninety (90) days.
9.11 Account Recovering: Tournament participants are forbidden to allow others to play in this competition in place of them by sharing accounts. The offending player or team will forfeit the entire match. The offending players will be suspended from YouFreakingNoob for a minimum of thirty (30) days.
9.12 Modified Console/Hacks/Mods: Use of in game hacks and/or mods will result in the immediate disqualification of that player or team. The player(s) using hacks and/or mods will be suspended from YouFreakingNoob for up to seven hundred and thirty (730) days. The rest of the player or team will be suspended for up to ninety (90) days.
9.13 Lack of Cooperation: Failing to comply with Support Staff’s directions and/or requests may result in the forfeit of round(s), a game, or the entire match. Verbal or written abuse of a staff member will result in a suspension from YouFreakingNoob for up to twenty (20) days.
10 PRIZE AWARDS.
10.1 Distribution of Prize Awards. A description of the potential prizes is set forth in Section 10.4. The awarding of prizes is void where prohibited or restricted. Subject to these Official Rules, player or team prizes will be awarded either equally to each of the Players on a winning player or team or to the player or team Leader, as elected by the player or team (with any discrepancies regarding the player or team’s election determined by the Operations in its sole discretion). Potential Winners (“Potential Winners”) are limited to one prize package per Tournament. Prizes are non-transferable and not exchangeable for any other prize. In the case of unavailability of a prize, the Operations reserves the right, in its sole discretion, to substitute a prize of equal or greater value. All cash prizes will be paid in US Dollars (unless the Operations permits an alternate method of payment). Potential Winners who are eligible for the award of a prize assume all liability for the use of the prize.
10.2 Requirements to Collect a Prize Award. Potential Winners must comply with these Official Rules and winning is contingent upon fulfilling all requirements. Potential Winners shall have no right to any prize unless the conditions set forth in these and any other applicable rules are satisfied. Potential Winners will be notified after the end of an applicable Tournament. Each Potential Winner is required to follow the instructions in the notification. In order to be eligible to claim a prize, each Potential Winner of a prize will be required to fill out and sign, within the prescribed period of time in the notification, an affidavit of eligibility and liability/publicity release form, as well as all applicable governmental and tax forms required to receive a prize, including an IRS form W-8 or W-9 and any other forms required. Winners who accepted prizes in the form of US Dollars and who are residents of the U.S. will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. Additional paperwork that Operations requests, including waivers and releases, must be submitted to Operations before Operations will provide the Potential Winner with any prize. Following Operations’s verification of eligibility and compliance with the terms of these Rules, the Potential Winner will be declared the winner of the prize. Prizes will be fulfilled approximately 8 – 10 weeks after conclusion of the event and receipt of all necessary documentation. If a Potential Winner cannot be contacted, does not respond, or fails to sign and return the required documentation within fourteen (14) days of the first notification attempt, the Potential Winner forfeits his or her eligibility to claim a prize.
10.3 Costs Associated with Collecting a Prize Award. Participants are responsible for any and all costs and expenses associated with their prize that are not specifically set forth herein. National, state and local taxes, including VAT taxes, which are associated with the receipt or use of any prizes are the sole responsibility of the Participant. For some non-U.S. Participants, 30% of the prize value will be withheld and remitted to the IRS to comply with U.S. tax laws.
10.4 Prizing and Payouts. Players are able to receive prize payments through PayPal, YouFreakingNoob Credits or COD points. Players who opt to receive payments through PayPal will need to link their PayPal account to their YouFreakingNoob account. Prizing distribution will be announced prior to commencement of each tournament.
10.5 A player’s Activision ID ownership is required to be verified prior to prize payouts.
- General
11.1 player or team Management: If leadership of a Tournament player or team is transferred to another member of that player or team, that person gives up all player or team editing privileges (adding/removing players, disbanding player or team, ect.). This includes any player/player or team “credit sponsors”. As a warning, credits will not be refunded for any players the “credit sponsor” pays for if he/she is removed from the roster after leadership is transferred.
11.2 Privacy & Impersonation: Individuals are prohibited from sharing account information stored on YouFreakingNoob with another person for any reason. This includes, but is not limited to, the following: usernames, passwords, gamertags, email accounts, etc. Individuals may not use another Player’s Account in a Match. Individuals may not allow another Player to use their Account in a Match. Players who break this rule may be disqualified from the Tournament.
11.3 player or team Content: The Leader of a player or team can change the player or team name, blast message, avatars and website links. The images/information submitted must be appropriate. Attempting to bypass the automatic censor by misspelling, inserting spaces or symbols, transposing letters, using look-alike symbols, or any other method is not allowed. player or teams that attempt to bypass the censor will be subject to penalties.
12 DISCIPLINARY ACTION
12.1 Investigation of and Right to Monitor Compliance. To preserve the integrity of Tournament competition, Operations will have the right to monitor compliance with these Official Rules, investigate possible breaches of these Official Rules and impose sanctions for violations. Participants agree to cooperate with Operations in any such investigation. The failure by a Participant to cooperate with any internal or external investigation conducted by Operations or its designee relating to a violation of these Official Rules is itself a violation of these Official Rules, including without limitation being untruthful or withholding, tampering with or destroying evidence.
12.2 Subjection to Penalty. Any violation of the Official Rules by one or more members of a player or team or by a player or team Owner will be subject to penalty. The nature and extent of penalties imposed will be determined by Operations. All decisions of Operations regarding rules violations or other issues regarding the Tournament, are final.
12.3 Penalties. Penalties for rule violations will be assessed by Operations. These penalties will vary in range between loss of side or map selection, to termination of a player or team License, in direct relation to the severity of the offense and the number of offenses committed previously by the same player or team. The following is a non-exhaustive list of penalties that may be enforced at the discretion of the Operations:
Verbal Warning(s)
Written Warning(s)
Suspension(s)
Loss of Side Selection for Current or Future game(s)
Ban for Current or Future matches and events
Prize Forfeiture(s)
Game Forfeiture(s)
Match Forfeiture(s)
Tournament Disqualification
Termination of player or team License
13 limitations of liability and general release
13.1 As a condition to being allows to participate in the Tournament and to the greatest extent permitted by the applicable laws and regulations, each Participant agrees to release and hold harmless YouFreakingNoob and its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and other representatives (the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with their participation in the Tournament or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, 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 (including negligence), warranty or other theory. In no event shall Participants have, and Participants hereby irrevocably waive, any right to sue the Released Parties or to seek or obtain injunctive or other equitable relief in connection with the Tournament or the production, distribution, exhibition or other exploitation, or the advertising, promoting or publicizing of the Tournament.
13.2 IN NO EVENT WILL YouFreakingNoob OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE UNDER THESE LEAGUE RULES TO ANY PARTICIPANT, OR ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM ANY PARTICIPANT, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, AND/OR DAMAGES FOR LOSS OF DATA, REVENUE, PRIZES OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE Operations, YouFreakingNoob OR ANY OF THEIR AFFILIATES OR REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.3 To the fullest extent permitted by applicable law, each Participant acknowledges that he/she is aware of the risks, dangers and hazards associated with esports competitions and he/she freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting from his/her participation in such activities.
13.4 Participants acknowledge and agree that YouFreakingNoob are not insurers of Participants’ property or personal safety. If a Participant feels the need for insurance, such Participant should obtain it from a third party.
14 GRANT OF RIGHTS
14.1 By agreeing to these Official Rules and participating in the Tournament, each Participant hereby grants to YouFreakingNoob and its parents, subsidiaries and affiliates a perpetual, royalty-free, fully paid-up, worldwide, right and license (with the right to grant sublicenses) to copy, display, distribute, edit, host, store and otherwise use the Participant’s name, logos, trade or service marks, copyrighted material, nickname, YouFreakingNoob ID, Activision ID (or replacement tags), logo, initials, likeness, image, photograph, animation, avatar, autograph, voice, video or film portrayal, public persona, game play data and statistics, biographical information, backstory and any streams of the Call of Duty Franchise or streams of any other Shyfft, Inc. video game in which the Participant participates (“Participant Materials”), and create derivative works thereof, 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, on or in connection with (a) any Tournament event (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 and the Franchise in general; (c) (i) the exploitation of media rights, (ii) the creation and sale of in-game or digital merchandise, and (iii) any group licensing or other agreements with third parties that are negotiated by YouFreakingNoob; and/or (d) the creation, distribution, promotion and sale of hats, shirts or other apparel, footwear, gaming gear or peripherals, novelties, souvenirs, toys, collectibles and any and all other tangible goods or products, including the sleeves, jackets and packaging for such goods or products, and the other products and services of YouFreakingNoob. The products, services, media and materials created by exercise of any of the foregoing licenses or rights in clauses (a) through (d) are referred to herein as the “Licensed Materials.”.
14.2 Advertising and Commercial Materials. The grant of rights and licenses in Section 14.1 includes, but is not limited to, the perpetual, royalty-free, fully paid-up, worldwide right and license (but not the obligation) of YouFreakingNoob (and its sublicensees) to copy, display, distribute, edit, host, store and otherwise use the Participant Materials and the Licensed Materials, and create derivative works thereof, on or in connection with YouFreakingNoob’s (or its sublicensees’): (a) websites and applications, together with those of its permitted streaming and broadcast partners; (b) social media postings; (c) print and online advertising and content; (d) newspaper and magazine advertising and content; (e) online advertising and content, including banners, leaderboards and skyscrapers; (f) outdoor and indoor billboards, posters, signs and displays; (g) product catalogues, point-of-sale materials, hang tags, product packaging and instruction manuals; (h) press releases, newsletters and e-alerts; (i) television; and (j) any other advertising or promotional materials developed by or for YouFreakingNoob (or its sublicensees) for the Tournament or the Franchise from time to time (the foregoing, the “Advertising and Commercial Materials”).
14.3 Ownership of Advertising and Commercial Materials, Feedback, Stats and Suggestions.
14.3.1 As between each Participant and YouFreakingNoob, each Participant is the sole owner of Participant Materials, except that YouFreakingNoob is the sole owner of all YouFreakingNoob Accounts, game play data and statistics and any intellectual property of YouFreakingNoob included in streams of the Franchise or other YouFreakingNoob Blizzard video games.
14.3.2 As between each Participant and YouFreakingNoob, YouFreakingNoob will be the sole owner of all of the following (collectively, the “Tournament Materials”):
14.3.2.1 Licensed Materials and Advertising and Commercial Materials (but not Participant Materials that are incorporated into or used in the Licensed Materials or Advertising and Commercial Materials);
14.3.2.2 All other works of authorship, audio-visual works, artwork, compilations, data and documentation that are created by or for YouFreakingNoob and that incorporate or make use of all or any part of Participant Materials (but not Participant Materials that are incorporated or used therein and licensed hereunder);
14.3.2.3 Suggestions, comments and other feedback that a Participant may provide to YouFreakingNoob relating in any way to (a) the Tournament, the Franchise or the business of YouFreakingNoob, and (b) all improvements or enhancements to the Tournament, the Franchise, or the business of YouFreakingNoob resulting from any such suggestions, comments and feedback;
14.3.2.4 Data and statistics relating to a Participant’s play of the Franchise, and all feeds and data streams of such data and statistics; and
14.3.2.5 Intellectual property rights in each of the foregoing existing anywhere in the world.
14.4 Works for Hire; Assignment.
14.4.1 If a Participant at any time creates, develops or invents any Tournament Materials, the parties acknowledge and agree that all copyrightable Tournament Materials, and all elements, portions and derivative works thereof, shall be created for YouFreakingNoob as “works made for hire” and that all copyrights in and to such Tournament Materials, and in all elements, portions and derivative works thereof, shall vest automatically in, and belong to, YouFreakingNoob. If, however, by operation of law or otherwise, such Tournament Materials or any element, portion and derivative works thereof are not deemed a “work made for hire” or for any reason do not automatically vest in YouFreakingNoob and/or if there are any patents, trademarks, know-how or other intellectual property rights in the works that do not automatically accrue to YouFreakingNoob under the preceding sentence, the Participant hereby assigns (and agrees at the time of creation to assign) to YouFreakingNoob and/or its designee, in each case for no additional consideration, by way of present assignment of future copyright and other intellectual property rights, all worldwide rights, title and interest, including all copyright and other patent, trademark and other intellectual property rights worldwide, in and to all Tournament Materials (and in all elements, portions and derivative works thereof) and agrees to take, at the expense of YouFreakingNoob or its designees, any and all such other actions reasonably deemed appropriate by YouFreakingNoob or its designee in furtherance of such assignment, including, without limitation, the execution and delivery to YouFreakingNoob or its designee of any further instruments of assignment reasonably requested by YouFreakingNoob or its designee.
14.5 Waivers
14.5.1 By agreeing to these Official Rules, each Participant hereby waives, and agrees not to assert, any (a) rights of prior review and/or approval of any of the Tournament Materials or Advertising or 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 Tournament Materials, Advertising and Commercial Materials, or to his/her participation in the Tournament or YouFreakingNoob events. Nothing in these Official Rules requires YouFreakingNoob to make use of any of the rights or licenses granted herein.
14.6 Collection of Personal Data
14.6.1 Shyfft, Inc. (“Shyfft”) will collect, store and use information collected in connection with the Tournament (including information collected at live events) in accordance with Shyfft’s online privacy policy (the “YouFreakingNoob Online Privacy Policy”) for the applicable region below. By accepting these Official Rules, each Participant also agrees to the terms of the YouFreakingNoob Online Privacy Policy. https://www.youfreakingnoob.com/terms-of-service#privacy-policy
15 Resolution of Disputes
15.1 Disputes Regarding League Rules. YouFreakingNoob has final, binding authority to decide disputes with respect to the breach, termination, and enforcement.
15.2 Binding Arbitration for Arbitration Disputes. Any dispute, claim or controversy that YouFreakingNoob may have against a Participant or that a Participant might have against YouFreakingNoob, and any dispute, claim or controversy arising out of or relating to the Tournament or these Official Rules or the validity thereof, including the determination of the scope or applicability of these rules to arbitrate, and that is not otherwise subject to YouFreakingNoob’s final, binding authority (whether under Section 15.1 or under separate written agreements entered into with YouFreakingNoob or its affiliates) or otherwise subject to arbitration under separate written agreements entered into with YouFreakingNoob (“Arbitration Dispute”) will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The place of arbitration will be St Louis, Missouri. All matters relating to the arbitration, including any final award, will be considered the confidential information of the parties to the Arbitration Dispute. The parties to any Arbitration Dispute agree that they will only file with the court the portions of the award necessary to enter judgment and enforce the award and that they will make every effort to exclude confidential information from what is to be filed with the court, with any disagreements related thereto to be decided upon by the arbitrator prior to any court filing. The decision of the arbitrator will be final and binding on the parties to the Arbitration Dispute, and any award of the arbitrator may be entered in any court of competent jurisdiction. This Section 15.2 will not preclude a party to a dispute from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in respect of Arbitration Disputes or preclude YouFreakingNoob from seeking and obtaining from any court of competent jurisdiction (without the need for YouFreakingNoob to post any bond or other security) temporary and/or preliminary injunctive relief against a Participant for any breach by the Participant of the terms of these Official Rules. Except as otherwise provided by these Official Rules or applicable law, each party to any legal action or proceeding brought against the other party will be responsible for his/her/its own attorneys’ fees, experts’ fees, court costs and all other expenses sustained in the course of such litigation (including any appeals).
15.3 Class Action and PAGA
15.3.1 By agreeing to these Official Rules, each Participant agrees that any arbitration will be limited to the Arbitration Dispute between YouFreakingNoob and the Participant individually.
15.3.2 By agreeing to these Official Rules, each Participant acknowledges and agrees that: (i) a claim by, or on behalf of, other persons, will not be considered in, joined with, or consolidated with, the arbitration proceedings between the Participant and YouFreakingNoob; (ii) there is no right or authority for any Rules Dispute or Arbitration Dispute to be arbitrated, adjudicated, or resolved through court proceedings on a class-action, collective action, private attorney general or representative action basis (other than an action brought under the Private Attorneys General Act, California Labor Code sections 2698 et seq. (“PAGA”), separately addressed in Section 14.3.3 below) or to utilize class action, collective action, or non-PAGA private attorney general or representative action procedures; and (iii) the Participant will not have the right to participate as a class representative, collective action representative, or non-PAGA private attorney general, or as a member of any class, collective action, or non-PAGA private attorney general or representative action for any Rules Dispute or Arbitration Dispute. Under no circumstances does any Participant or YouFreakingNoob agree to class, collective, non-PAGA private attorney general or representative action procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings. The foregoing provisions of Section 14.3.1 and this Section 14.3.2 are referred to as the “Class Action Waiver”.
15.3.3 By agreeing to these Official Rules, each Participant acknowledges and agrees that: (i) there is no right or authority for any Rules Dispute or Arbitration Dispute to be arbitrated, adjudicated, or resolved through court proceedings on a PAGA basis, or to utilize PAGA procedures; and (ii) the Participant will not have the right to participate as a private attorney general, representative, or as a member or claimant of any PAGA private attorney general or representative action for any Rules Dispute or Arbitration Dispute. Under no circumstances does the Participant or the Operations agree to PAGA private attorney general or representative action procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings. The foregoing provisions of this Section 15.3.3 are referred to as the “PAGA Waiver”.
15.3.4 In any case in which: (i) the Rules Dispute or Arbitration Dispute is filed or pursued as a class action, collective action, or non-PAGA private attorney general or representative action; and (ii) all or part of the Class Action Waiver is found to be unenforceable, the class action, collective action, or non-PAGA private attorney general or representative action to that extent must be litigated in a civil court of a competent jurisdiction within Los Angeles, California, but any individual claims for which the Class Action Waiver is deemed enforceable must be litigated separately in arbitration. The Class Action Waiver will be severable in any case in which the Rules Dispute or Arbitration Dispute is filed or pursued as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
15.3.5 In any case in which: (i) the Rules Dispute or Arbitration Dispute is filed or pursued as a PAGA private attorney general or representative action; and (ii) the PAGA Waiver is found to be unenforceable, then: (i) the unenforceable provision will be severed from this agreement; (ii) severance of the unenforceable provision will have no impact whatsoever on the arbitration of any remaining claims on an individual basis pursuant to Section 15.3 of this agreement; and (3) any PAGA representative or private attorney general action must be litigated in a civil court of a competent jurisdiction. To the extent there is any Rules Dispute or Arbitration Dispute to be litigated in a civil court of competent jurisdiction on a PAGA private attorney general or representative action basis because the PAGA Waiver is deemed unenforceable with respect to that Rules Dispute or Arbitration Dispute, then the parties agree that litigation of that Rule Dispute or Arbitration Dispute will be stayed pending the outcome of any individual claims in arbitration. The PAGA Waiver will be severable in any case in which the Rules Dispute or Arbitration Dispute is filed or pursued as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
15.4 Governing Law.
15.4.1 All Rules Disputes and Arbitration Disputes will be governed by and construed under the laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles, provided that YouFreakingNoob will have the right to disqualify any Participants that are rendered ineligible to participate due to local law. This selection of governing law shall supersede any prior choice of law contained in any prior version of the Official Rules executed by the Participant.
15.4.2 Participants agree to be bound by these Official Rules and by the decisions of YouFreakingNoob with respect to the disciplinary actions imposed for their violation, which are final and binding in all respects.
15.4.3 In recognition of the Tournament’s status as a global league, YouFreakingNoob will endeavor to provide official translations of these Official Rules. In the event of any conflict between the English version and any translation of these Official Rules, the English version will control.
15.5 Changes to this Section. Operations will provide 60 days’ notice of any changes to this Section 15. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
16 DATA INTEGRITY
YouFreakingNoob shall not be held responsible for the integrity or accuracy of data from third parties. This includes, but is not limited to, outages from third parties upon which YouFreakingNoob relies to provide and report statistics, such as leaderboard information.
16.1 Any data outage of any kind that renders tournament data inaccurate or inaccessible shall result in a replay of the tournament in the event that the outage lasts less than 30 days. For outages of 30 days or more, a full refund will be processed to all paid participants.