I got a message form blizzard today and accepted the terms for our
event to be approved by blizzard. We can now use blizzard's images
etc for various things however I included a copy of the agreement so
everyone knows the status of our agreement.
"Hello Aaron Miles,
Please review the tournament agreement provided below for your event
on April 9th, 2011. Your acceptance of the tournament agreement in
order to have the right to use StarCraft II: Wings of Liberty for your
event. To indicate your acceptance of the tournament agreement, you
must reply directly to this email and state that you have read the
tournament agreement, and that you accept the terms of the tournament
agreement.
Here is the tournament agreement:
1. Grant of Tournament License. With regards to your
request to host a tournament on the Battle.net® service that features
Blizzard’s StarCraft® II: Wings of Liberty™ software (the “Game”),
Blizzard Entertainment, Inc., a Delaware corporation (“Blizzard”),
hereby grants, to You the a non-exclusive, royalty free, non-
transferable, license and right to use and display the Game for an
online tournament subject to Your adherence to the following terms and
conditions: (a) You may not charge any fees of any kind to watch the
Tournament; (b) You may not broadcast footage of the Tournament on
television; (c) You may not accept advertising revenue of any kind in
association with your hosting of the Tournament, nor can You accept
funds or prizing from sponsors of the Tournament in excess of
$5,000.00 USD in the aggregate for all Tournament sponsors; (d)
Prizing for The Tournament shall be set in advance of your accepting
any entry fees for the Tournament; (e) The Tournament must be limited
to 500 players or less; (f) You shall not alter or modify any part of
the Game for any reason; (g) You may hold the Tournament in any
country other than the Republic of Korea; (h) You must have rules for
the Tournament, and the rules must state that the Tournament is void
where prohibited; and (i) it must be a requirement for your tournament
that all entrants in the Tournament must be adults in their country of
residence, or minors over the age of 13 with written permission from
their parents to participate in the Tournament. You understand and
agree that You will responsible for all aspects of the Tournament,
including without limitation: (a) drafting of all rules, policies, and
procedures which will govern the Tournament (the “Rules”); (b)
ensuring that all entrants are fully informed of the Rules; (c)
awarding all prizes to the winners of the Tournament; (d) securing the
receipt all applicable government approvals, licenses and permits
necessary to organize the Tournament and exercise any and all of the
rights granted to You by Blizzard hereunder; and (e) avoiding any
deceptive, misleading or unethical trade practices
2. Use of Blizzard’s Trademarks. Additionally,
Blizzard hereby grants, and You hereby accept, a limited, royalty
free, non-exclusive license to utilize the Blizzard’s trademarks,
logos, and copyrighted content associated with the Game in
advertisements, posters, flyers, and websites related to the
Tournament, subject to Your adherence to Blizzard’s Trademark and
Copyrighted Content Acceptable Use Guidelines, available at
http://us.blizzard.com/en-us/company/about/termsofuse.html. Note that
You may not issue a press release using Blizzard’s name, trademarks or
referencing the Game without Blizzard prior, written approval. Should
You wish to have Blizzard review your proposed press release, You may
email your request to
p...@blizzard.com.
3. Ownership. Blizzard Entertainment owns and shall retain all
proprietary rights in the Game and the Blizzard Intellectual Property,
and You agree that it will not at any time during or after this
Agreement assert or claim any interest in or do anything that may
adversely affect the validity or enforceability of Blizzard
Entertainment’s rights in Game and/or the Blizzard Intellectual
Property (including, without limitation, any act, or assistance to any
act, which may infringe or lead to the infringement of any copyright
in the Game). Blizzard Entertainment shall own all proprietary rights
in all Marketing Materials that contain Blizzard Intellectual
Property.
4. Representations, Warranties, and Indemnity. You hereby represent
and warrant that: (i) You have the full right and power to enter into
this Agreement; (ii) You have the legal right to hold the Tournament
in the state and/or country where the Tournament will be held, and
(iii) You will comply with all laws related to your performance
hereunder, including, but not limited to, your hosting or organizing
tournaments in accordance with this license. You agree that You shall
defend, indemnify and hold harmless Blizzard, and its affiliated
companies (including, without limitation, Blizzard) and their
respective employees, directors and officers from and against any and
all expenses, judgments, awards, fines, and fees (including reasonable
attorneys’ fees) solely with respect to any third party claims or
actions brought against them which claims or actions arise out of the
Tournament or any breach or alleged breach of any of Your
representations, warranties or obligations hereunder. The obligations
described in this section shall survive the termination or expiration
of this Agreement.
5. Term. This Agreement shall commence upon your acceptance of the
Agreement through return email. and thereafter shall remain in effect
(unless and until earlier terminated as set forth in this Section)
until April 9th, 2011 (the “Term”). Blizzard may terminate this
Agreement immediately in the event that You: (a) commit a material
breach any of representation, warranty or obligation made by You
hereunder; (b) make or attempt any unauthorized assignment for the
benefit of creditors, file any petition for reorganization,
readjustment or rearrangement of Your business or affairs under the
laws of any jurisdiction relating to relief of debtors, bankruptcy or
insolvency; (c) suffer a receiver or trustee to be appointed for its
business or property, or (d) discontinue Your business, or be
adjudicated bankrupt or insolvent. Additionally, Blizzard may
terminate this Agreement for any reason, or for no reason, upon thirty
(30) days notice. In such an event, all rights granted under this
Agreement to You shall immediately and automatically expire, and You
shall cease all exercise of any rights granted under this Agreement,
including without limitation the Tournaments and use of materials that
use Blizzard’s trademarks or copyrighted content.
6. Miscellaneous. All costs, stamp duties, taxes and other similar
levies arising from or in connection with the conclusion of this
Agreement shall be borne by You. Neither party shall be liable for any
delay in the performance of its duties or responsibilities contained
herein that result from any cause beyond its reasonable control or
caused by acts of God, acts of civil or military authorities, fires,
strikes, floods, epidemics, governmental rules or regulations,
terrorism, war, riot, delays in transportation or shortages.
Blizzard’s relationship with You during the term of this Agreement
will be that of an independent contractor. Failure to enforce any
rights hereunder shall not constitute a waiver of those rights in the
future or any other rights. If any provisions of this Agreement are
invalid under any applicable statute or rule of law, they are, to that
extent, deemed omitted, and the balance of this Agreement will be
enforceable in accordance with its terms. This Agreement may accepted
by email, but may not be modified or changed except by an instrument
in writing executed by both parties. In the event of litigation
between the parties hereto, the prevailing party shall be entitled to
recover reasonable attorney’s fees in addition to other relief as the
court may award. This Agreement shall be construed and enforced in
accordance with the law of the State of California, except for its
conflict of laws provision, and all legal actions related to this
Agreement shall be filed in Federal or State court in Los Angeles,
California. This Agreement contains the entire understanding between
the parties with respect to the subject of this Agreement supersedes
all previous written or oral negotiations, commitments and
undertakings related thereto. Sections 3, 4, and 6 shall survive any
expiration or termination of this Agreement.
We look forward to your acceptance reply.
Sincerely,
Blizzard eSports Team"
Thanks guys!
RTS