New Balance featuring Rocket League 1v1 Tournament Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
PLEASE READ THESE OFFICIAL RULES CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES, WITH LIMITED EXCEPTION, THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST THE SPONSOR OR ADMINISTRATOR (EACH, AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION, AND FURTHER, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE SPONSOR OR ADMINISTRATOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST THE SPONSOR OR ADMINISTRATOR RESOLVED BY A JURY OR IN A COURT OF LAW.
New Balance featuring Rocket League 1v1 Tournament (the “Contest”) may only be entered in and competed from the 50 United States & the District of Columbia and entries originating from (i) individuals not lawfully residing within the preceding jurisdictions or (ii) any other jurisdiction are not eligible for entry. The Contest is sponsored by New Balance Athletics, Inc. (“Sponsor”), and is administered by Rival Pro Partners, LLC (“Administrator”).
Timing: Registration for the Contest begins on April 19, 2023 at 9:00 a.m. Eastern Time ("ET"), and ends on April 27, 2023 at 7:59 p.m. ET (the "Registration Period"). The Tournament (as defined below) begins on April 27, 2023 at 8:00 p.m. ET and continues until the Tournament has completed, estimated to be 11:59 p.m. on April 27, 2023 (the “Tournament Period”, and together with the Registration Period, the “Contest Period”). The Administrator’s computer is the official clock for the Contest.
1. Eligibility. To enter the Contest, you must meet the following eligibility requirements as well as the Contest requirements set forth in Section 2 below. Participation is open only to legal residents of the 50 United States & the District of Columbia (collectively, “Eligible Jurisdictions”), who are at least 13 years of age. Proof of residency and age may be required. Entrants must enter the Contest from within an Eligible Jurisdiction. Entries originating from jurisdictions outside of the Eligible Jurisdictions are void. Employees, officers and directors and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors of Sponsor, Administrator and advertising and promotion agencies affiliated with the Contest, and their respective parent and affiliated companies (“Contest Parties”), are not eligible to enter.. Contest is subject to all applicable federal, state and local laws and regulations.
2. Contest Requirements; Registration: To enter the Contest, entrants must be eligible (in accordance with this Section 2 and Section 1 above), complete the Contest registration during the Registration Period, participate in the Tournament and submit the score of each Matchup (as defined below), as further described in this Section 2 and Sections 3-5 below.
Prior to the commencement of the Contest Period, you must (i) own Rocket League (the “Game”); (ii) have internet connection (while broadband internet access is not required, it is recommended) and (iii) own:
- If playing on XBOX Series S/X (“XBOX”), a Gamertag and Xbox Gold Service; or
- If playing on Playstation 5 (“PS5”), a PSN ID and PS Plus service.
You can only play under one (1) account/Gamertag/PSN ID throughout the duration of the Contest and you must play on the same one (1) platform throughout the duration of the Contest. FOR CLARITY, YOU MUST COMPETE ON THE SAME PLATFORM (I.E., EITHER XBOX OR PS5) THROUGHOUT THE ENTIRE CONTEST AND CANNOT COMPETE ON BOTH PLATFORMS. Entrants suspected of using multiple accounts/Gamertags/PSN IDs or playing on multiple platforms in violation of these Official Rules will be subject to disqualification. All aspects of this Contest are subject to these Official Rules.
In addition, during the Registration Period, entrants must complete the registration process for the Contest by visiting https://www.rivalgames.com/tournaments/kBbrFeTrand following the registration instructions.
Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Odds of winning will depend on the number of eligible entrants who register during the Registration Period. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which will be final and binding in all matters relating to the Contest.
3. Tournament Rules. The Contest will include one bracketed tournament, held during the Tournament Period (the “Tournament”). The number of entrants in the Tournament will be capped at 512 entrants, unless the Sponsor determines otherwise in its absolute and sole discretion. All initial Game matchups in the Tournament (each, a “Matchup”) will be determined by the Administrator in its sole and absolute discretion and announced after the end of the Registration Period. The entrants competing against each other in all subsequent Matchups in each round of the Contest will be determined by Administrator in its sole and absolute discretion (e.g., to the extent Administrator publishes brackets at any point during the Contest, the Matchups in subsequent rounds of the Contest may not reflect what any previously published brackets might suggest). Administrator will determine in its sole and absolute discretion when each Matchup is to be played and the failure of an entrant to participate at the scheduled time or otherwise comply with instructions related to a particular Matchup, as determined by Sponsor and/or Administrator in its sole and absolute discretion, may result in disqualification or other penalty as determined by Sponsor and/or Administrator in its sole and absolute discretion.
Contest will be administered with the following game settings:
- Game Title: Rocket League
- Eligibility: 13+ Years of Age, US Resident, Amateur-Only
- Game Mode: Soccar 1v1
- Arena: All Standard Arenas
- BOT Difficulty: No BOTS
- Match Type: Private Match; Five (5) Minutes
- Best of Series: Best of Three (3); Semifinals and Finals Best of Five (5)
4. Score Submissions. After playing a Matchup in each round of the Tournament, all entrants are required to submit their final match scores on their personal match page. To submit a final match score, simply click the green ‘Enter Final Score’ button on the match page and enter your score, along with your opponent’s score. Administrator strongly recommends that all entrants in the Tournament take screenshots of the final match scores and upload them on their personal match page. In the case where both entrants enter conflicting final scores and neither upload screenshots, the Sponsor and/or Administrator may declare a winner in its/their sole discretion. You can click HERE to view a video reviewing how to submit match scores.
The Game does not permit matches to end with a tie score. If your match is tied at the end of regulation, please continue the match on your console as the Game will continue to offer overtime periods until a winner is declared.
All games in the Contest are subject to the following rules: (a) entrants must use their own Gamertag or PSN ID and may not use shared, purchased or borrowed accounts; and (b) notwithstanding the foregoing or anything else herein to the contrary, an entrant may be disqualified or otherwise penalized if Sponsor and/or Administrator determines in its/their sole and absolute discretion that the entrant interrupted or did not complete a game by quitting, powering down, disconnecting from the internet, or incurring excessive fouls or penalties.
5. Tournament Play: Entrants must strictly adhere to all game play guidelines and these Official Rules or risk the possibility of disqualification.
Administrator, in its sole discretion, reserves the right to change the score, outcome or status of a Contest game, including in the event of computer or technical issues. Additionally, Sponsor and/or Administrator, in its sole discretion, reserves the right to disqualify or remove any entrant for any reason. Without limitation, this decision could be made based on the Sponsor’s or Administrator’s judgment that the individual reported the result incorrectly or tampered with the game software or hardware to manipulate the reported outcome or score.
6. Sponsor Communications: If at any point an entrant fails to respond to a Contest-related communication from the Sponsor or Administrator or either of their respective designees in a timely manner, as determined by the Sponsor and/or Administrator in its sole and absolute discretion, such entrant may be disqualified or otherwise penalized at the Sponsor’s and/or Administrator’s sole and absolute discretion. For clarity, the Tournament schedules are subject to change. Administrator will communicate with entrants primarily by email at the email address provided by entrants during the Contest registration. It is each entrant’s responsibility to frequently check www.rivalgames.com/newbalance and any email addresses and other communication channels used by the Sponsor or Administrator to be informed of any updates on the Tournament schedules and other Contest issues.
7. Contest Prizes. The following prizes will be awarded in connection with the Contest:
- All entrants who successfully register for the Contest during the Registration Period and earn a spot in the Quarterfinals (Round of Eight) receive a 20% discount on select items at www.newbalance.com. To see the items excluded from the discount, visit newbalance.com/sale-exclusions.
- The one (1) Tournament winner will receive a New Balance product pack (the “Product Pack”). This Product Pack consists of the following items:
- Footwear: 9060, Fresh Foam More, 574, 580, with approximate retail value (“ARV”) of, respectively, [$149.99], [$149.99], [$84.99], [$129.99]. Colorways subject to availability.
- Apparel: Essential Hoodie, Tee and Sweatpants, with ARV of, respectively, [$59.99], [$27.99] and [$59.99]. Colorways subject to availability.
FOR ALL PRIZES: ARV of all Contest prizes for which entrants are eligible: Product Pack, $662.93. Winners will not receive the difference between actual prize value and ARV.
If any prize or prize notification messages are returned as undeliverable, or a potential winner does not respond in 10 days, or refuses to execute the required documents, or rejects a prize (or any part thereof), or in the event of noncompliance with these Official Rules, the prize will be forfeited and will be awarded to the runner-up. In the event of prize forfeiture, no compensation will be given.
Prizes are not transferable. No substitutions or exchanges of any prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize.
Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, all prizes and all parts thereof are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except where prohibited by law.
TAX LIABILITY. ALL FEDERAL, STATE, AND LOCAL TAXES AND ANY APPLICABLE SOCIAL CONTRIBUTIONS ASSOCIATED WITH THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS AND WINNERS OF THE PRIZES WILL BE RESPONSIBLE FOR ANY APPLICABLE TAXES RELATED TO THE PRIZE. The winners may be required to submit his or her social security number or tax payer ID number in order to claim the applicable prize and may be required to complete a current IRS W9 Form. The winner of any prize with an ARV of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize. All entrants agree that information provided by the Sponsor and/or Administrator is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.
8. Winner Notification and Verification. ALL POTENTIAL WINNERS MUST BE VERIFIED BY ADMINISTRATOR TO ENSURE ELIGIBILITY PRIOR TO BEING DECLARED A WINNER AND/OR RECEIVING ANY PRIZE. Potential winners will be notified by e-mail or postal mail or phone, using the information provided on his/her entry, on or about May 1, 2023. Administrator may send to potential winners along with the email or postal potential winner notification an Affidavit of Eligibility, which will include a release of liability and a publicity release, unless prohibited by law, and any other documentation that Sponsor requires (the “Affidavit”). This Affidavit will require each potential winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. In order to redeem his/her prize, each potential winner and his/her guest (if applicable) shall sign, have notarized, and return to Administrator the Affidavit within seven (7) days from the date the Affidavit is sent to such potential winner. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information provided by the potential winner during Contest registration, (b) a potential winner does not comply with the above or within any of the aforesaid time periods, (c) a potential winner is found to be ineligible to enter the Contest or receive the prize, (d) a potential winner cannot or does not comply with the Official Rules, € a potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) a potential winner fails to fulfill the Affidavit-related obligations or otherwise provide any information or documents requested by Sponsor or Administrator, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected as set forth above. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant’s e-mail address, telephone number, or home mailing address changes after he/she enters the Contest, it is the entrant’s sole responsibility to notify Administrator by postal mailing notice to Administrator’s address stated below to be received before the end of the Contest Period.
Sponsor reserves the right, in its sole and absolute discretion, to conduct (or have Administrator conduct) background checks on entrants, to the extent permissible under applicable law. Entrants must upon request provide authorization and/or complete any forms reasonably required to facilitate such background check. Failure to comply with this requirement and/or assist Sponsor and/or Administrator to conduct such background check may result in disqualification of an entrant and may result in selection of an alternate entrant. Sponsor also reserves the right, in its sole and absolute discretion, to disqualify an entrant based on the results of such background check, if the Sponsor determines, in its sole and absolute discretion, that allowing such entrant to participate in the Contest or awarding such entrant a prize might reflect negatively on the Contest, Sponsor, and/or any of the other Released Parties (as defined below). Factors that may result in disqualification of an entrant, include, without limitation, conviction of a felony or misdemeanor, or any other criminal or civil offense as determined in the sole and absolute discretion of the Sponsor or, if Sponsor determines, in its sole and absolute discretion, that allowing such entrant to participate in the Contest or awarding a prize to such entrant may reflect unfavorably on the Contest, Sponsor, and/or any of the other Released Parties.
10. General Release. BY PARTICIPATING IN THE CONTEST, AND SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, ALL ENTRANTS, AND WINNERS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, RELEASE THE SPONSOR, ADMINISTRATOR, THE OTHER CONTEST PARTIES, AND ANY OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SPONSORS, AND AGENTS, INCLUDING ADVERTISING AND PROMOTION AGENCIES (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, MORAL DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE CONTEST OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF MORAL RIGHTS), TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION, AND AGREE NOT TO MAKE ANY CLAIMS AGAINST THE RELEASED PARTIES IN RESPECT THEREOF, INCLUDING, WITHOUT LIMITATION (I) ANY CONDITION CAUSED BY EVENTS BEYOND SPONSOR'S OR ADMINISTRATOR’S CONTROL THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED; (II) ANY INJURIES, LOSSES, ILLNESS, LITIGATION OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND CAUSED BY ENTRANT’S OWN NEGLIGENCE ARISING OR RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF A PRIZE OR PARTICIPATION IN THIS CONTEST OR IN ANY ACTIVITY OR TRAVEL RELATED THERETO OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER CONTEST INFORMATION; AND (III) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE CONTEST. Sponsor's and Administrator’s decisions in all respects relative to the Contest are final.
11. General Conditions. By entering the Contest, all entrants accept and agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor or Administrator. In case of dispute of the identity of any entrant, including winners, entries will be deemed made by the authorized account holder of the email address associated with the applicable Rival Account. “Authorized account holder” is defined as the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Entrants must keep their email address information up to date and inform Sponsor of any changes of the relevant email address. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter or participate in the Contest, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, medical epidemic or other public health situation, curtailment of travel and/or access to facilities, government action or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor, provided that Sponsor may elect to select fewer winners or no winners at all, or to decrease or otherwise modify the prizes. Sponsor and Administrator reserve the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or any web sites, platforms or consoles associated with this Contest. Sponsor or Administrator may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including but not limited to the use of automated entry programs, the use of automated entry devices, or by participating in, or benefiting from, a syndicate, group or block playing process or system), or intending to annoy, abuse, threaten or harass any other entrants, entrants or Sponsor or Administrator representatives.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITES, PLATFORMS OR CONSOLES ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Additional Conditions. Except where prohibited by law, each entrant, including all Winners, grants the Released Parties the unconditional, perpetual and worldwide right and/or license to use the entrant’s name, address (city or county and state only), likeness, photograph, biographical information, gamer tags/IDs, voice, actions, performances, team roster/logo/name and prize information (if any) and/or statements about the Contest for any publicity, advertising and promotional purposes without additional compensation, in any media now known or hereafter invented, including but not limited to, on any and all Internet media, including Sponsor’s web sites and social media platforms (i.e., Facebook, YouTube, Twitter etc.), and via live stream of the Contest, and hereby releases the Released Parties from any liability with respect thereto.
Sponsor has the right to use all of entrant’s gamer tags/IDs, team names, logos and uniforms in its advertising, marketing and publicity materials, in its sole and absolute discretion. In addition, Sponsor has the right to require an entrant to change its gamer tag/ID, team name, logo and/or uniform, or to unilaterally change an entrant’s gamer tag/ID, team name, logo and/or uniform, if such gamer tag/ID, team name, logo or uniform is deemed inappropriate or could violate the right of any third party, including, but not limited to, copyright, trademark or right of publicity or privacy, or for any other reason, in all cases as determined by Sponsor in its sole and absolute discretion. Failure to comply with Sponsor’s request to change a gamer tag/ID, team name, logo and/or uniform in a timely manner may result in disqualification, in Sponsor’s sole and absolute discretion.
13. ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor or Administrator, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize, any advertising, data breach or privacy claims or any aspect of the relationship between us, and whether based upon contract, negligence, fraud or other intentional torts, constitution, statute, regulation, ordinance, common law or equity, shall be resolved exclusively through final and binding arbitration, rather than by a court or jury, in accordance with the terms of this Arbitration Agreement. Notwithstanding the foregoing, you or we may assert individual claims in small claims court or a similar court, if your or our claims qualify; however, if the dispute is transferred, removed, or appealed from small claims court to a different court, it will be subject to arbitration. In addition, disputes about the scope, enforceability, or arbitrability of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver), are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of these Official Rules as a whole is for the arbitrator, not a court, to decide. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Contest, you and Sponsor and Administrator are each waiving the right to a trial by jury or to participate in a class action or other representative action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Solely for purposes of this Arbitration Agreement, the terms “we,” “us,” “our,” “Sponsor” and “Administrator” include (i) New Balance Athletics, Inc., Rival Pro Partners, LLC, each of their subsidiaries, affiliates, successors and assigns, and any of their employees, officers, directors and agents; and (ii) any other third party that you name along with us as defendants in a single proceeding.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief (“Class Action Waiver”): YOU AND SPONSOR AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AND ADMINISTRATOR AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution: Sponsor and Administrator are always interested in resolving disputes amicably and efficiently, and most entrant concerns can be resolved quickly and to the entrant’s satisfaction by emailing Administrator’s support team at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to New Balance Athletics, Inc., 100 Guest Street, Boston, MA 02135, Attn: CEO, with a copy to New Balance Athletics, Inc., 100 Guest Street, Boston, MA 02135, Attn: General Counsel. The Notice to Administrator should be sent to Rival Pro Partners, LLC, 548 Market Street, San Francisco, CA 94105, Attn: Jay Lellman. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor or Administrator and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor or Administrator, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor, Administrator or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
d. Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes and Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If the AAA is unable or unwilling to serve and the parties cannot agree on an alternative, a court with jurisdiction will select the administrator or arbitrator, who must abide by the terms of this Arbitration Agreement. Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. All issues are for the arbitrator to decide, except as otherwise provided in this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor or Administrator and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the AAA. If your claim is for $10,000 or less, Sponsor or Administrator, as applicable, agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Any finding, award or judgment from an arbitration of any claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any claim.
e. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. However, if you send Sponsor or Administrator (as applicable), a written request stating that you cannot afford to pay your share of the Arbitration Fees and that you tried but were unable to obtain a waiver or reduction of the Arbitration Fees from the administrator, and if your request is made in good faith, Sponsor or Administrator (as applicable) will pay or reimburse you for all or part of the Arbitration Fees. Requests to Sponsor shall be sent by certified mail to New Balance Athletics, Inc., 100 Guest Street, Boston, MA 02135, Attn: CEO (Arbitration Fees), with a copy to New Balance Athletics, Inc., 100 Guest Street, Boston, MA 02135, Attn: General Counsel (Arbitration Fees). Requests to Administrator shall be sent by certified mail to Rival Pro Partners, LLC, 548 Market Street, San Francisco, CA 94105, Attn: Jay Lellman (Arbitration Fees). The parties shall bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, these Official Rules or the AAA Rules. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
f. Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified, subject to two exceptions: (i) if a determination is made that the Class Action Waiver is unenforceable in a dispute not seeking public injunctive relief, and that determination is not reversed on appeal, then the Arbitration Agreement shall be void in its entirety; and (ii) if a determination is made that a public injunctive relief claim may proceed notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
h. Conflict: In the event of any conflict between any term or condition in this Section and any term or condition in our Terms of Service located at https://support.rivalgames.com/support/solutions/articles/64000257801, then the applicable term or condition in this Section shall apply.
i. Survival: This Arbitration Agreement shall survive (1) the end of the Contest, (2) any cessation of entrant’s relationship with Sponsor or Administrator; and (3) any bankruptcy to the extent permitted by applicable bankruptcy law.
14. Governing Law and Jurisdiction. Except as set forth in the Arbitration Agreement, this Contest is governed by Delaware law (without giving effect to the conflict of laws rules thereof) and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Disputes Section of these Official Rules, shall take place in the courts of the State of Delaware.
15. Miscellaneous. Except as set forth in the Arbitration Agreement, the invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules.
IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN DISCLOSURES OR OTHER STATEMENTS CONTAINED IN ANY CONTEST MATERIALS AND THE TERMS AND CONDITIONS OF THE OFFICIAL RULES, THE OFFICIAL RULES SHALL PREVAIL, GOVERN AND CONTROL.
16. Winners List; Rules Request. For a copy of the Winners list, send a stamped, self-addressed, business-size envelope before July 27, 2023 to Administrator at the address listed below, Attn: New Balance featuring Rocket League 1v1 Tournament Winners List. To obtain a copy of these Official Rules, visit https://www.rivalgames.com/tournaments/kBbrFeTror, by July 27, 2023, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: New Balance featuring Rocket League 1v1 Tournament. Vermont and Washington residents may omit return postage for Official Rules.
Sponsor: New Balance Athletics, Inc., 100 Guest Street, Boston, MA 02135
Administrator: Rival Pro Partners, LLC, 548 Market Street, San Francisco, CA 94105
17. Notice: The Sponsor and Administrator reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.
18. Copyright 2023 New Balance Athletics, Inc. All rights reserved. New Balance, Rival and any associated logos are trademarks of the Sponsor and Administrator, as applicable. All rights reserved. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.