FALL GUYS SEASON 5 INVITATIONAL
TERMS OF PARTICIPATION
OVERVIEW: Twenty-five (25) influencers (“Participants”) will be invited by Epic Games, Inc. (“Epic) to compete in the Fall Guys Season 5 Invitational (“Event”), scheduled to take place on 25 July 2021 (“Event Period”). The Event will consist of five (5) games of Fall Guys: Ultimate Knockout (each, a “Game”), and each Game will have multiple rounds (each, a “Round”).
Participants are required to comply with all Fall Guys rules and regulations, including, but not limited to, the Fall Guys End User License Agreement (https://fallguys.com/eula-combined) (“Fall Guys EULA”). Failure to do so may result in disqualification of that Participant from the Event and all points will be forfeited.
By participating, Participants agree to be bound by these Terms of Participation (“Terms”) and the decisions of Epic and its representatives, which are binding and final on matters relating to this Event. The Event is subject to all applicable federal, state and local laws.
Participants must stream their gameplay of the Event via their regular streaming platform.
Participants must attend the dedicated Discord server for the Event.
Participants are allowed to watch other Participants’ streams when they are not playing a Round. Participants are not allowed to “stream-snipe” or direct members of their community to spy on other Participants. Participants should - to the best of their ability - prevent any member of their community from sharing live information about other Participants that may provide an unfair advantage (as determined by Epic in its sole discretion).
Cheating is not permitted.
Participants must be on time and follow all instructions given by Event administrators.
Participants must act in a manner that is acceptable for a general audience. Inappropriate, offensive and/or non-sportsmanlike behavior will result in disqualification.
Grabbing is permitted but participants may not access out-of-bounds areas in levels.
SCORING: Scoring for each Game will be as follows:
Participants will gain 1 point for qualifying each Round (other than a final Round)
Participants will gain an additional 3 points for reaching the final Round
Participant will gain an additional 5 points for winning the final Round
RANKING: At the conclusion of Game 5, each Participant shall be ranked based on the number of points they have accrued for the entire Event across all 5 Games.
TIE-BREAKS. At the conclusion of Game 5, any and all Participants that are tied in points shall enter an additional custom Game in which ties will be broken in favour of the Participant(s) who qualify (or win) the most Rounds from such additional Game. If, following the conclusion of this additional Game, any Participants are still tied, those Participants shall play an additional custom Game and the process will repeat until all ties have been broken.
PRIZES: If eligible under these Terms, and subject to the tie-breaking procedures set out above, prizes will be awarded to the highest ranked Participants (each, a “Winning Participant”) as follows:
1ST PLACE: $10,000 USD;
2ND PLACE: $5,000 USD;
3RD PLACE: $4,000 USD;
4TH PLACE: $3,000 USD;
5TH PLACE: $2,000 USD;
6TH PLACE TO 25TH PLACE: $1,300 USD each.
All prizes will be awarded via Hyperwallet. Prizes are non-assignable and nontransferable. All Winning Participants are responsible for all federal, state, and local taxes (including income and withholding taxes), if any, as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. Winning Participants may not substitute a prize, but Epic reserves the right, at its sole discretion, in case of justified reasons, to substitute a prize (or portion thereof) with one of comparable or greater value. Epic will not act as tax or any other agent of a Participant.
LEADERBOARD: The Event leaderboard (the “Leaderboard”) will be updated frequently over the course of the Event Period; however, please note that the point scores displayed on the Leaderboard may not be accurate or in real-time. Epic reserves the right to alter the point scores displayed for any Participant due to technical issues or if there has been unsportsmanlike or other behavior prohibited by these Terms. A Participant is not a winner even if the Leaderboard should so indicate unless and until Epic has verified the Participant and their point total and officially announced such Participant as a winner.
EPIC ACCOUNT: In order to facilitate the prize payment process set forth below, each Participant must (a) have an active, valid Epic Games Account registered to such Participant (“Epic Account”) and (b) provide such Epic Account to Epic as part of the Event registration process (“Registration Process”). To open an Epic Account, Participants can visit https://www.epicgames.com/id/register/date-of-birth and follow the onscreen instructions.
For clarity, providing an Epic Account as part of the Registration Process does not guarantee that a Participant will receive a prize in connection with the Event. Only Winning Participants will be eligible to receive prizes in connection with the Event.
NOTIFICATION OF WINNING PARTICIPANT: Each potential Winning Participant will be notified of their status as a potential Winning Participant at the email address associated with such Participant’s Epic Account within fourteen (14) days of completion of the Event, or such other time as reasonably required by Epic for such notification, and will be subject to verification of compliance with these Terms. Upon formal notification from Epic, a potential Winning Participant shall have seven (7) days from the date such notice was sent to respond and provide any information or materials requested by Epic, including the Release (as defined below) for purposes of verification of eligibility. The date of receipt by Epic shall be decisive for a potential Winning Participant’s compliance with the deadlines set forth in this section. In addition, a potential Winning Participant must keep the Epic Account that he or she provided to Epic as part of the Registration Process active throughout the verification of eligibility process.
In the event of (a) the failure by any such Participant to (i) keep the Epic Account that he or she provided to Epic as part of the Registration Process active throughout the verification of eligibility process or (ii) timely respond to any notification or request for materials or information; or (b) any such Participant being unable to accept or receive the prize for any reason (including, without limitation, for failure to provide the necessary tax and payment information through Epic’s approved tax and payment processing vendors), then in either case (items (a) or (b)), such Participant shall be disqualified as a potential Winning Participant, and such Participant shall not be entitled to win any prizes in connection with the Event. In such cases, no alternate Winning Participant will be named, and Epic shall have the right, in its sole and absolute discretion, to (y) award any prize amounts that would have otherwise been awarded to such disqualified Participant as part of a future Fall Guys competitive event or (z) award any such prize amounts to non-profit causes and efforts.
Winning Participants will also be provided a Prize Acceptance and Release Form (“Release”). Unless restricted by applicable law, each Winning Participant will be required to complete and submit the Release in accordance with the deadlines set forth in this section.
Epic may withhold tax payments on a Winning Participant’s behalf in its reasonable discretion, using the applicable backup withholding rates, or if required by law or treaty. However, Winning Participants are ultimately responsible for any taxes due in connection with any awarded prize they receive from Epic pursuant to their participation in the Event. Winning Participants must provide Epic with (a) their banking information, as requested by Epic, and (b) a completed W-9, W-8BEN, or W-8BENE tax form, including if necessary their U.S. or foreign Taxpayer Identification Number (TIN), as appropriate based on their circumstances. Epic will not be responsible for any failure to award any prizes in connection with the Event arising from incomplete, incorrect, or out of date payment or tax information. Winning Participants should please consult their tax advisors if they have questions on the taxability to them in connection with the Event.
PUBLICITY GRANT: Each Participant, except where legally prohibited, grants permission for Epic and its designees to use their name, handle, address (city and state), photograph (including, without limitation, profile photo), voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
GENERAL CONDITIONS: By participating, each Participant agrees: (a) to abide by these Terms and decisions of Epic, which shall be final and binding in all respects; and (b) to release, discharge and hold harmless Epic, Twitch, YouTube, and their respective parent companies, subsidiaries, affiliates, and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, and agents (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Participant’s participation in the Event.
The Released Parties are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled game play or other communication; (ii) lost, interrupted, or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Event, including, without limitation, errors or difficulties which may occur in connection with the administration of the Event or in any Event-related materials; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Event; or (vii) injury or damage to any person's computer related to or resulting from participating in the Event. Persons who tamper with or abuse any aspect of the Event, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by Epic, will be disqualified. In case of justified and grounded reasons, Epic reserves the right at its sole discretion to suspend, modify, or terminate the Event at any time.
Regardless of any other relevant provision in these Terms, nothing herein excludes or limits the Released Parties’ warranties and liability: (x) for death or personal injury caused by the Released Parties; (y) in the event of the Released Parties’ gross negligence or willful misconduct; or (z) for any other liability or warranty that, by law, may not be limited or excluded by the Released Parties.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. If any provision of the Terms is determined to be invalid or otherwise unenforceable, then the Terms shall be construed as if the invalid or unenforceable provision was not contained therein. Epic’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.
The Event is void where prohibited, and is subject to all applicable federal, provincial, state and local laws.
Any translated versions of these Terms in languages other than English are for guidance purposes only. The English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions.
SPONSOR: Epic Games, Inc, 620 Crossroads Blvd., Cary, NC 27518, USA.
Neither the Event nor any Individual Event is sponsored, endorsed or administered by Twitch or YouTube.