H1Z1 Invitational 2016 Tournament Official Rules

Please read these official rules (these “Official Rules”) before entering the H1Z1® Invitational 2016 Tournament (the “Tournament”).

1. Eligibility:

The Tournament is open only to natural persons who: (a) are legal residents of the United States, Argentina, Australia, Austria, Belarus, Belgium, Belize, Bolivia, Brazil, Bulgaria, Chile, Canada, Colombia, Costa Rica, Croatia, Denmark, Ecuador, El Salvador, Estonia, France, Finland, Germany, Greece, Guatemala, Honduras, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Macau, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Paraguay, Peru, Poland, Portugal, Romania, Russia, Serbia, Singapore, Slovakia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, The Czech Republic, The Netherlands, The People’s Republic Of China, The Ukraine, The United Kingdom, Turkey, Uruguay or Venezuela; (b) are at least the age of majority in their country of residence at the time of entry; and (c) registered to attend the TwitchCon 2016 convention in San Diego, California (the “Event”) on or before September 28, 2016. Employees of Daybreak Game Company LLC, its parent or subsidiary companies, or any other company involved in the design, implementation, or promotion of the Tournament, as well as the spouses, children, parents, grandparents, and household members of each such employee, are not eligible. The Tournament is subject to all applicable laws and regulations and is void where prohibited by law. No purchase necessary to enter.

2. Sponsor:

The Tournament is sponsored by Daybreak Game Company LLC, 15051 Avenue of Science, San Diego, CA 92128 (the “Sponsor”).

3. Agreement to Rules:

By participating in the Tournament, each entrant warrants that he/she fully and unconditionally agrees to and accepts these Official Rules, as well as the H1Z1 Online End-User License Agreement, the Daybreak Terms of Service, and the Invitational Policies, each of which are incorporated herein by reference. Each entrant further warrants that he/she will accept the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein and carefully reading all of the provisions of, agreeing to and signing an affidavit of eligibility and liability/publicity release.

4. Tournament Qualification:

Invited Contestants – The Tournament is an invitational tournament. Sponsor will contact all invited contestants. Each invited contestant must enter as an individual and shall: (a) have registered to attend the Event as of September 28, 2016; (b) meet the eligibility requirements for entrance stated in Section 1 above; and (c) meet the other rules and requirements set forth by Sponsor. Sponsor shall have the right, but not the obligation, to select alternate contestants to participate in the Tournament in case an invited contestant is unable and/or unwilling to participate.

Qualified and Alternate Contestants - Information about qualifying matches is available at the H1Z1 Gaming Lab at TwitchCon starting Friday, September 30, 2016. Eligible TwitchCon attendees must register at the Twitch booth the morning of Saturday, October 1, 2016 for the qualifying matches. Sponsor will accept up to 300 walk-in entrants on a first-come first-served basis to compete in the qualifying matches. Five (5) qualifying matches will take place on Saturday October 1, 2016. Each entrant who places first in a qualifying match (i.e. the last entrant alive is first place) shall be offered a seat in the Invitational Tournament. The second place entrant (i.e. the 2^nd to last entrant alive in the match) in each qualifying match will be selected as an alternate contestant who may be selected to compete in the Tournament. If there are empty seats in the Tournament, the five (5) alternates will be chosen to fill those empty seats based on the number of kills earned in their respective games, provided they are then-present for the Tournament check-in and ready, willing, and able to participate.

5. Competing in the Tournament:

In order to participate in the Tournament, each confirmed participant must report to the H1Z1 Gaming Lab and check in for the Tournament by 11:00 AM (PDT) on October 2, 2016. Before the Tournament begins, the Tournament Official will review the rules of the Tournament with the participants, allow time for setting up equipment, and any other set-up instructions. In addition to complying with these Official Rules for the Tournament, participants will be required to comply with the Tournament Official’s instructions and decisions throughout the Tournament. Participants understand, acknowledge and agree that by participating they are pitting their skills in a H1Z1 Battle Royale match against those of others. Participants understand, acknowledge and agree that the Battle Royale matches are determined by the skill of the participants and that luck or chance plays a negligible role in the outcome of the event.

The Tournament will run from 11:00 AM PDT until 3:00 PM PDT on October 2, 2016. The Tournament will consist of two (2) separate H1Z1 Battle Royale matches of approximately 60 people. In each battle, the finishing order determines the winner of the battle and prizes will be awarded to First through Tenth Place winners. The Tournament Official’s determinations and decisions regarding the gameplay in each battle shall be binding and final.

The winners in each match will be determined by finishing order (e.g. the last contestant alive is the first place winner, the 2^nd to last contestant alive is second place winner, etc.). All prize winners will be announced on the H1Z1 website.

6. PRIZES:

In each of the two Tournament matches, First through Tenth Place winners will receive the following percentage of the prize pool:

The aggregate prize pool consists of 25% of the Invitational Crate purchases (including keys purchased and used to open locked Invitational Crates, opening Invitational Crates directly, and purchases of unlocked Invitational Crates) through September 28, 2016 and Daybreak reserves the right to contribute additional money to the prize pool after September 28, 2016; the current prize pool is listed here: https://www.h1z1.com/king-of-the-kill/invitational-2016. Each of the twenty (20) winners will receive cash or a cash equivalent. The total value of all prizes if all prizes are awarded is listed here: https://www.h1z1.com/king-of-the-kill/invitational-2016. Prizes are not transferable or refundable and must be accepted as awarded. No other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value in the event that a prize is unavailable as determined by the Sponsor in its sole discretion. Taxes, including VAT taxes, and all other expenses and costs not expressly listed above are the winner’s responsibility. Each winner will be required to carefully read all of the provisions of, agree to and sign an affidavit of eligibility and liability/publicity release, and in some cases, will be required to fill out an IRS form W-8 or W-9, to be eligible to win a prize. Failure to sign the affidavit and release or to fill out the tax forms will result in forfeiture of the prize.

7. Privacy:

All information submitted as part of the Tournament will be treated in accordance with the Sponsor’s Privacy Policy.

8. Publicity:

Except where prohibited, participation in the Tournament constitutes each entrant’s consent to the Sponsor’s use of the entrant’s name, likeness, biographical information, and city and state of residence for promotional purposes in any media without further payment or consideration. By participating, each participant and contestant hereby perpetually and forever grants and releases to the Sponsor all rights of publicity (at common law and as set forth in California Civil Code Section 3344 or any other applicable law similar in name) and copyright rights in the participant’s name, voice, likeness, photograph, persona, signature, image, and performance (“PERSONA”) for use in connection with the advertising, promotion, publicity, or other public use desired by Sponsor in any medium or transmission method and Sponsor may license or sublicense such rights to any person or entity as Sponsor desires.

9. General Conditions:

In the event that the operation, security, or administration of the Tournament is impaired in any way for any reason, including, but not limited to fraud, virus, computer, software, network error, technical problems or other causes beyond Sponsor’s control which affect the administration, security, or integrity of the Tournament, the Sponsor may, in its sole discretion, suspend or modify the Tournament or these Official Rules to address the impairment and then, if practicable, resume the Tournament in a manner that best conforms to the spirit of these Official Rules, or cancel or terminate the Tournament without awarding any prizes if Sponsor determines in good faith that the Tournament cannot be continued due to circumstances that are out of its control. Tournament participants must play the game to the best of their ability at all times. Cheating will not be tolerated. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Tournament or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Tournament may violate applicable law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Release and Limitations of Liability:

By participating in the Tournament, Contestant waives any and all rights to bring any claim or action related to his/her participation in any form in the Tournament beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. By participating in the Tournament, each entrant agrees to release and hold harmless the Sponsor, its affiliates, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim, demands, losses, damages, suits, debts, promises, liabilities, obligations, liens, costs, expenses, attorneys’ fees, indemnities, subrogations, duties or cause of action (whether known or unknown or accrued nor not yet accrued, anticipated or unanticipated) arising out of participation in the Tournament, any publicity flowing from the Tournament, any dispute regarding the outcome of the Tournament, any decisions of the Tournament Official, any disputes between entrants or participants, or receipt or use of any prize, including, but not limited to of the following: (a) unauthorized human intervention in the Tournament; (b) computer, software, or network errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Tournament or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Tournament or receipt of any prize; (g) injury or damage to reputation; or (h) any other claims that may be asserted against any of the Released Parties. Entrant further agrees that to the extent any claims have not been waived by the entrant or participant, in any remaining cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Tournament, and in no event shall the Released Parties be liable for attorney’s fees. Each entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

11. Disputes:

Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Tournament or any prize awarded shall be resolved individually, without resort to any form of class action. Any and all disputes arising out of or related in any way to the Tournament shall be governed by the laws and judicial decisions of the State of California (as permitted by Section 1646.5 of the California Civil Code or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to any such disputes. You expressly agree that any action at law or in equity arising out of or related in any way to the Tournament shall be filed only in the courts of the State of California for the County of San Diego, or the United States District Court for the Southern District of California. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

12. Tournament Results:

Tournament winners will be listed on the H1Z1 Invitational website or send a self-addressed stamped envelope to Daybreak Games: H1Z1 Invitational Tournament, 15051 Avenue of Science, San Diego, CA 92128. Requests must be received by December 31, 2016.