GamerContest.com and Gamer Contest LLC (collectively, “We”, “Us”, “Gamer Contest”, “Gamer Contest LLC”, or “GamerContest.com”) provides a social and skill compeition website located at gamercontest.com (the "Site") — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with GamerContest.com. If you do not completely agree to these Terms of Service then you must not use any of our Services. Gamer Contest is not endorsed by, directly affiliated with, maintained or sponsored by Apple Inc, Electronic Arts, Activision Blizzard, Take-Two Interactive, Microsoft, Xbox, Sony, Playstation or Epic Games. All content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.
GamerContest.com may issue additional terms, rules and conditions of participation in particular contests. For example, GamerContest.com may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.
You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which You reside and from which You access the Site, Log-In to the Site or participate in any Skill Contest. You agree to only participate in the Skill Contest only after You have determined in good-faith that You are in compliance with state, local and other governing laws and regulations. Participation within the United States of America (U.S.) Participation in fee-based matches for prizes is prohibited in the following U.S. states, without limitation: Arizona, Arkansas, Delaware, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Contest from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Participation outside the U.S. Participation in fee-based matches for prizes may be prohibited in Your jurisdiction and it is Your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Skill Contest or contests arranged and established through the Site or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Skill Contest facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
By creating an account on GamerContest.com, you are representing and warranting that:
You may only have one (1) Account. You are prohibited from holding more than one Account. Your single Account must be registered under Your current full legal name, Your email address and your current permanent residential address. Should You attempt to create more than one (1) Account under Your current legal name or any other name, to use the Services under any other User's Account, or to create an Account using a name other than Your current legal name, we will be entitled to immediately terminate all of such Accounts under these Terms. You must choose a Log-In and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else. To access the Services outlined under these Terms, You must have previously established a valid User Account as provided herein. Further, You must meet all the conditions described throughout these Terms and You must have money available in Your Account sufficient to accept or propose a skill contest or otherwise post a skill contest Entry Fee. You agree and understand that We collect data relating to Your Log-In, Your skill contests, and Your other Account activity, including without limitation, Your skill contest Results (e.g., Your win/loss record), the Challenge Contestants You have previously participated in a skill contest with, Your Disputed Results and the Prizes awarded to You. We make this information public so that other Users may attempt to assess Your skill level and history using the Site to arrange, enter, establish, and participate in skill contests against You and/or other Users.
GamerContest.com offers the Site as a common portal for Users to arrange, record and track skill contests, as defined below, and related information, including but not limited to, Contestants, fees, pre-designated prizes and skill contest results. GamerContest.com does not provide the Site or Services for skill contests based on sporting or gambling events, including any games of chance. Instead, GamerContest.com provides a forum for You to arrange, conduct and track head-to-head matches against other Users solely in connection with games of skill.
"Create Contest" are facilitated through and posted on the GamerContest.com website by either GamerContest.com or any User who creates and maintains an Account. Posted skill contests provide a forum for Users to participate in a skill contest for a pre-designated "Prize" with other Users by paying a "Contest Entry Fee" (collective pool pot) and a "GamerContest.com Service Fee" (collected from Reward money) to GamerContest.com. The Prize will be the sum of all skill contest Entry Fees paid, by each "Contestant Gamer." "User Posted Contests" are Posted skill contests posted on the GamerContest.com website by any User who creates and maintains a skill contest Account under these Terms. Any User who creates and maintains a skill contest Account under these Terms may invite another User or Users to participate in a skill contest for a pre-designated Prize by paying a skill contest Entry Fee and a GamerContest.com Service Fee (collected from Reward money) to GamerContest.com. Prior to posting any such invitation to a skill contest for a Prize, You must have sufficient funds in Your Account to cover the skill contest match Fee.
Any User who creates and maintains an Account under these Terms may enter a Posted skill contest by paying the skill contest match Fee to GamerContest.com. Prior to entering the foregoing skill contest, You must have sufficient funds in Your Account to cover the skill contest match Fee. Upon entry of a Posted Contest, GamerContest.com will immediately withdraw the skill contest match Fee from Your Account. Without exception, creating a User Posted Contest shall automatically enter the User who created that Posted Contest into that Posted Contest. GamerContest.com will immediately withdraw the skill contest match Fee from all Accounts of all Contestants when contestant has either created the contest or has been confirmed for it. The Prize will be the sum of all skill contest Entry Fees paid under these terms, by each Contestant. Once a Posted Skill Contest becomes complete or concluded by judges, the GamerContest.com Service Fee will not be refunded at any time or for any reason to any Contestants if a winner or draw is determined; however, upon mutual agreement indicated by all Contestants to cancel the contest , all contest Entry Fees collected for the Canceled contest will be credited to Accounts from which they were originally drawn.
All skill contests are governed by the "Rules" provided at https://www.GamerContest.com/rules. It is Your responsibility to ensure that for every skill contest You participate in, You understand and will abide by the skill contest Rules at all times, and that you review the skill contest Rules from time to time for updates. Your failure to follow the most current skill contest Rules will result in an immediate and automatic forfeiture of any Posted or Accepted skill contest. Further, if GamerContest.com learns of any User's failure to follow the skill contest Rules, GamerContest.com reserves the right to terminate that User's Account under this Agreement. An Accepted skill contest shall be completed by the Contestants in accordance with the skill contest Rules at a mutually agreed upon time within the skill contest time frame. Failure to meet this time frame will automatically result in a cancellation of the Accepted skill contest, and all skill contest Entry Fees collected for the Canceled Accepted skill contest will be credited to Accounts from which they were originally drawn. No GamerContest.com Service Fees are refunded at any time or for any reason after an Accepted skill contest is complete or concluded by judges.
All skill contest Results must be determined in strict accordance with the skill contest Rules. All skill contest Results must be reported within 30 minutes following the completion of the game or contest time frame whichever comes first. Failure to meet this time frame will automatically result in a cancellation of the Accepted skill contest, as provided in these terms, and all skill contest Entry Fees collected for the Canceled Accepted contest will be credited to the Accounts from which they were originally drawn. Subject to this Agreement, if each Contestant reports the same contest Result, the result will be final and that will determine the winner or draw of the contest. If there is a discrepancy or conflict between any reports of the contest Results, then contestants will be able to see that on there screen on the contest board. At that point you should communicate with the other contestants to see why the difference in view on who won or what the result is and see if you can come to an agreement but if the contestants can not come to an agreement they should dispute it and leave it to the judges to determine the outcome of the contest with all the evidence given (streams, comments, etc). All skill contest Results may be audited or verified by GamerContest.com, which may occur within GamerContest.com's sole discretion for any reason whatsoever.
A Disputed Result occurs when no Contestants or only one Contestant reports a result; or when there is a discrepancy or conflict between reports of any skill contest Results from any of the Contestants in the same skill contest.
No User Reports a Result Upon the conclusion of the skill contest time frame, if no Contestants have reported skill contest Results, no Verified Winner will be determined, the contest may be cancelled by GamerContest.com and all skill contest Entry Fees collected for the Canceled Accepted contest will be credited to the Accounts from which they were originally drawn
If there is a discrepancy between any of the skill contest Results reported between two or more Contestants, GamerContest.com will use commercially reasonable efforts to determine Winner or outcome and award the Prize accordingly. GamerContest.com uses a proprietary process to determine the Winner and Our judgment as to the Winner will be considered the final judgment, therefore, GamerContest.com shall not be required to disclose how the Winner is determined. GamerContest.com reserves the right to suspend, terminate or otherwise cancel the skill contest Account of Contestant who submitted a report contrary to the Winner as determined by GamerContest.com. Your only recourse is to terminate Your Account and cease using the Services. Any time conflicting results are reported, GamerContest.com, in its sole discretion, may attribute such conflicting results to Your Account and publicly display the same in Your skill contest History and Your Account
In certain instances, GamerContest.com may not be able to determine a Winner or Draw, at which time the Accepted skill contest will automatically be deemed a Canceled Accepted skill and all skill contest Entry Fees collected for the canceled Accepted skill contest will be credited to the Accounts from which they were originally drawn.
You, as a user of the site, participating in the contest, give us sole discretion to make the final judgement on Contest Disputes and understand that judgment is binding. We also reserve the right to change that judgment of a contest in the future if we feel to do so upon finding new information, we may feel was unjust to any of the contestants if we see fit.
GamerContest.com will record and publicly display all disputed results incurred by You and associated with Your Social and Skill Contest Account. By displaying such Disputed Results, other Users can determine Your skill contest worthiness and credibility. If You accumulate too many disputes in a short period time from what we deem should be obivous outcomes then GamerContest.com may suspend or terminate Your Account at its sole discretion.
An Accepted contest shall be deemed a Canceled or Unjoined Accepted contest in the following Situations:
Gamer 1 (contest creator) decides to cancel, by submitting the cancel button, before all contestants go on 'Ready' status and Site system recognizes that.
All contestants can unjoin , except Contestant Gamer 1 (contest creator), a contest by submitting the unjoin button, before all contestants go on 'Ready' status and Site system recognizes that. And that contestant gamer will no longer be bond to that contest anymore.
All contestants submit a "No Contest" as a result selection.
With respect of everything mentioned on the terms, the Reward Prize will be credited by the Company to the Account of the Verified Winner within a commercially reasonable time.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by GamerContest.com. By way of example, and not as a limitation, you agree not to:
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not GamerContest.com, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will GamerContest.com be liable in any way for any User Content.
You acknowledge that GamerContest.com may or may not pre-screen User Content, but that GamerContest.com and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, GamerContest.com and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in GamerContest.com's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant GamerContest.com an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. GamerContest.com reserves the right, but has no obligation, to monitor disputes between you and other users.
The Site provides a chat forum for Users to connect and chat . Users wishing to post Material on the Live chat or post board must strictly adhere to the policies outlined herein. Any violation of these provisions may result in a range of actions, including without limitation, Account termination, limits on Account privileges, and/or Account suspension.
GamerContest.com has no obligation to check whether Users are using the Site Services in accordance with this Agreement or any other agreement. Under no circumstances shall GamerContest.com be obligated to investigate or pursue any complaints made by a User against any other User using the Site or Services or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement. GamerContest.com may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so. You will not be entitled to a refund from the Company for any sums You believe to be owed to You as a result of any other User's misconduct, unlawful behavior or otherwise, whether or not the Company pursues any action against such User. It is Your sole responsibility to resolve such issues without involving GamerContest.com.
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because GamerContest.com has no control over such sites, applications and resources, you acknowledge and agree that GamerContest.com is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GamerContest.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
From time to time, GamerContest.com may display or otherwise make available promotions, advertisements and/or offers provided by third-parties ("Third Party Promotions"). You understand and agree to hold GamerContest.com harmless and agree that GamerContest.com shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that GamerContest.com has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GamerContest.com from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. GamerContest.com makes no representations concerning any Content contained in or accessed through the Service, and GamerContest.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. GamerContest.com makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Gamer Contest NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF Gamer Contest HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN CONTESTANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Gamer Contest'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Gamer Contest FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
All title, ownership and intellectual property rights in and to the Service are owned by GamerContest.com or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by GamerContest.com, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
You can withdraw anytime and any amount from your Account Rewards. There are no fee's to withdraw from your Account Rewards. You can not withdraw from your Account Funds, that is separate and only used to fund your contest entries. There are no refunds after depositing money to your Account Funds. Only upon deleting your Account if there is money left on Account Funds, except for promotional money given to you, will that money be sent to your PayPal minus a 10% Processing Fee.
Promotional Funds must only be use for contest entries and if not used Gamer Contest can choose to take away that promotional Fund at any time. You can not withdraw Promotional Funds at all even if terminating your account. Promotional Funds must be used in a contest where you are actually going through the process of competing with another contestant gamer online in the game chosen, if we at Gamer Contest feel you are trying to subvert the process of actually playing the game online in the contest and just trying to cash out on the promotional funds then the portion of the rewards that was made up from the funds will be taken away and you will lose that promotional fund and may be subject to an account suspension or termination.
Violating any of these Terms, the General Contest Rules or Game Rules, may subject your account to be banned, account terminated or suspension and forfeiting all Account Rewards.