Prerelease Tournament Legal Notices
Legal Notices - Prerelease
Last Updated on 2/1/2005
Legal Restrictions. All applicable national, federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
Conditions of Participation. Participating in this Pokémon® trading card game tournament (the "Tournament") constitutes the agreement of the player ("Participant") (or, if such Participant is a minor, his or her parent or legal guardian) to follow the Pokémon Floor Rules and all other special event rules applicable to this event and be bound by the final decision of The Pokémon Company International ("Pokémon" or "we"). Participating also constitutes Participant's agreement (or, if such Participant is a minor, the agreement of Participant's parent or legal guardian) that because Pokémon Organized Play ("POP") is above all designed to be fun, safe and fair for everyone involved, that we reserve the right to suspend Participant from participating in POP (including the Tournament) if we determine that Participant's participation may compromise these values or that suspension is in the best interests of POP or other POP participants.
Prizes. Prizes awarded in connection with the Tournament (including without limitation, any Travel Award that might be included in the prize list) ("Prizes") are not redeemable for cash. Prize winners are fully and solely responsible for all applicable taxes. If a Tournament winner is suspended, found ineligible, fails to comply with the Floor Rules, or refuses a Prize, that individual's claim to a Prize is forfeited, and Pokémon may decide to award the Prize to another player, but has no obligation to do so. Prizes, including Travel Awards (if any are available), may be subject to restrictions that will be set forth in official rules for that Prize published on this web Site or provided to Prize winner.
Prize winners (or, if the winner is a minor, the minor's parent or legal guardian on behalf of the minor) may be required to sign: (a) a release (i) relieving the Pokémon Parties (defined below), from any and all claims, losses, demands, liabilities directly or indirectly arising in connection with the Tournament and the Prizes and (ii) where permitted by law, granting Pokémon the right to use his/her name, voice, deck composition, likeness or moving images for advertising, publicity, trade and other commercial purposes, including, but not limited to, use for sale of Pokémon products and use on the Pokémon websites without additional compensation; (b) affidavits of eligibility; (c) the name and address of each Prize winner (or, if the winner is a minor, the name and address of the minor's parent or legal guardian), as required by law and (d) all legal documents which Pokémon may require (including without limitation proper identification and 1099 W 9 tax forms). Entry into the Tournament constitutes each Prize winner's (or, if the winner is a minor, the minor's parent or legal guardian) agreement to sign such releases, affidavits and documents.
Agreement to Limit Pokémon Liability. The Tournament is organized and operated by third parties who are independent from Pokémon. BY PARTICIPATING IN THE TOURNAMENT, PARTICIPANT (AND IF PARTICIPANT IS UNDER 21, PARTICIPANT'S PARENT OR GUARDIAN) AND HIS OR HER PARENTS, GUARDIANS, HEIRS AND AFFILIATES AGREE TO RELEASE AND HOLD HARMLESS POKÉMON AND THE POKÉMON COMPANY, AND THEIR AFFILIATES AND THEIR RESPECTIVE SUBSIDIARIES, SUPPLIERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES (THE "POKÉMON PARTIES") FROM AND AGAINST ALL CLAIMS, EXPENSES, LOSSES OR DAMAGES TO PROPERTY OR PERSON OF ANY KIND, INCLUDING DEATH, CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY PARTICIPATING IN THE TOURNAMENT OR ANY EVENTS OR PERFORMANCES OF ANY KIND ATTENDED BY PARTICIPANT IN CONNECTION THEREWITH, OR USE OF ANY PRIZES OR USE OF PARTICIPANT'S NAME, VOICE, DECK COMPOSITION, LIKENESS OR MOVING IMAGE. THE POKÉMON PARTIES SHALL NOT BE LIABLE TO ANY PARTICIPANT OR THE PARTICIPANT'S PARENTS, GUARDIANS, HEIRS OR AFFILIATES, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES.
Indemnity. BY PARTICIPATING IN THE TOURNAMENT, EACH PARTICIPANT (AND, IF SUCH PARTICIPANT IS UNDER 21, PARTICIPANT'S PARENT OR LEGAL GUARDIAN) AGREES TO INDEMNIFY AND HOLD HARMLESS THE POKÉMON PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES OR EXPENSES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, (I) CLAIMS FOR THE NEGLIGENCE, FAULT OR OTHER TORT OF ANY POKÉMON PARTY; (II) PAYMENT OF ANY WORKER'S COMPENSATION LIENS, MEDICAL LIENS OR ANY OTHER TYPE OF LIEN; AND (III) PAYMENT OF REASONABLE ATTORNEYS' FEES ARISING FROM OR IN ANY WAY CONNECTED WITH ANY INJURIES, DAMAGES OR LOSSES SUSTAINED IN CONNECTION WITH THE CHALLENGES OR FROM THE USE OF ANY PRIZE, PROVIDED THAT THIS INDEMNIFICATION SHALL NOT EXTEND TO CLAIMS FOR ANY POKÉMON PARTY'S INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE. THIS RELEASE EXTENDS TO CLAIMS FOR THE NEGLIGENCE OF THE POKÉMON PARTIES.
Use of Likeness. Except where legally prohibited Participant (and if Participant is under 21, Participant's parent or legal guardian) grants permission for Pokémon and those acting under its authority to use his/her name, voice, deck composition, likeness or moving images for advertising, publicity, trade and other commercial purposes, including, but not limited to, use for sale of Pokémon products and use on the Pokémon websites, without additional compensation.
Event Cancellation. Pokémon is not responsible for the cancellation of the Tournament.
Claims. By participating in the Tournament, Participant (and Participant is under 21, Participant's parent or legal guardian) agrees that these Rules are governed, construed and interpreted under the laws of the State of New York without regard to conflicts of law principles, and that any legal action brought by Participant or his or her parent or legal guardian or Pokémon with regard to or arising out of any matters set forth in this document shall be brought only in an appropriate state or federal court in New York County, New York and consents to the jurisdiction and venue of such courts for these purposes.
©2005 The Pokémon Company International.