OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

BY ENTERING INTO THIS EVENT, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY.IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT, DO NOT ENTER THIS CONTEST.

• Introduction and Acceptance
  • Introduction. These Gaming For Peace NBA 2K Invitational Official Rules (“Rules”) govern all stages of the Gaming For Peace NBA 2K Invitational tournament, which is sponsored by LIFE Camp, Inc (“Lifecamp” or “Sponsor”) with a principal place of business located at 111-12 Sutphin Blvd. Jamaica, NY 11435 (“Sponsor Address”) and administered by the Event Administrator. For purposes of the Event, the “Event Administrator” is defined as any One Up ("One Up") or any Play One Up app (available on iOS or Android) (“Play One Up”) the employee or member of the administrative team, tournament official, broadcast team, production team, event staff, or anyone else otherwise employed or contracted for the purpose of running the Event. These Rules have been designed to ensure the integrity of competitive play of One Up and NBA 2K24 (the “Game”) in connection with the Event, and are intended to promote vigorous competition and to help ensure that all competitive play of the Game is fun, fair, and free from Toxic Behavior (as defined in Section 7.1.3).
  • Acceptance. Each person who enrolls or enters the Event is referred to herein as a “Player”. To participate in the Event, each Player must agree to follow these Rules at all times, including the Code of Conduct in Section 7. By participating in any Stage, Game or Match that is part of the Event, a Player is confirming that he or she has accepted these Rules pursuant to this Section
  • Enforcement. One Up will have primary responsibility for enforcing these Rules for all Players during the Event and may, working with the Event Administrators (as defined in Section 1.1), impose sanctions on Players for violations of these Rules, as further described in Section 9.
  • Amendments. One Up may update, revise, change, or modify these Rules from time to time. For each Player, his or her participation in the Event after any update, revision, change, or modification to these Rules will be deemed acceptance by such Player of these Rules as updated, revised, changed, or modified
• Eligibility.
  • Player Age. To be eligible to participate in any Stage of the Event, a Player must be at least 18 years old (or such other age, if greater, as may be required in such Player’s state of residence).
  • Valid One Up Account. A Player must have a valid account on Play One Up that is in good standing. Players must be in good standing with respect to the Play One Up account used by such Player in connection with the Event, with no undisclosed violations. This means that, without limitation, a Player’s Play One Up account must be registered in such Player’s name, and cannot have been previously transferred from another Player. Player must be free of or served fully any suspensions or other sanctions imposed in connection with a previous violation of any official Play One Up or One Up’s rules. A Player’s Play One Up account must have their full name, date of birth, and current email address.
    
    The name used by a Player may not include or make use of the terms PlayOneUp®, OneUp, or any other trademark, trade name, or logo owned by or licensed to One Up or NBA 2K. The name used by a Player cannot be an impersonation of another Player, streamer, celebrity, government official, One Up | 2K Games, Inc. | Take-Two Interactive Software Inc. employees, or any other person or entity. For the duration of the Event, only a single Player may play on a given game machine (i.e., multiple Players cannot participate on the same machine at any point during any game or tournament).
  • Console Access. To enter any Stage of the Event, a Player must (i) own or have access to NBA 2K24 on either Playstation5 (“PS5”) or Xbox X|S (“X|S”); (ii) have internet connection (while broadband internet access is not required, it is recommended); and (iii) own or have access to a PS5 with a PSN ID and PS Plus service or X|S with a Gamertag and Xbox Gold Service. If a Player does not have such access, the Player will be automatically disqualified. A Player can only play under one (1) account/PSN ID/Gamertag throughout the duration of the Event.
  • Residency Requirements. Participation in the Event is open only to residents of the United States & D.C., excluding residents of the State of Arizona. Players must enter the contest from within an eligible jurisdiction. Entries originating from jurisdictions outside of the eligible jurisdictions are void. Employees, officers, agents, owners, representatives and directors of One Up, including the Event Administrator, 2K Games, Inc., Take-Two Interactive Software, Inc., the National Basketball Association, and the National Basketball Players Association (the “Contest Parties”) and their respective parent companies, subsidiaries, affiliates, partners, and any advertising and promotional agency involved in the creation, administration or fulfillment of this Event, and their immediate family members (defined as spouse, parent, sibling, child, uncles, aunts, nephews, nieces, grandparents, and in-laws, by blood or marriage regardless of where they live) and those living in the same household as such persons, are not eligible to participate in the Event.
  • Other Eligibility Requirements. Ineligible players who mislead or attempt to mislead Event Administrators by providing false eligibility information will be subject to disciplinary actions as further described in Section 8.2. Players who have been disqualified or banned under these Rules are ineligible for this Event. No automated entry devices and/or programs permitted.
    
    All entries (including game play) become the sole and exclusive property of the One Up and receipt of entries will not be acknowledged or returned. One Up and Sponsor are 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. Proof of submission will not be deemed to be proof of receipt by One Up or Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
• How to Participate in the Event
  • Stages. There are four (4) stages of the Event: Exhibition, Qualifier, Semi-Finals and Finals.
    • Qualifier. Subject to availability and certain restrictions, Players will have an opportunity to participate in one (1) online qualifier tournament (“Qualifier Tournament”). The Qualifier Tournament will be open to up to five hundred twelve (512) eligible Players. The number of rounds will depend on the total number of participating Players, with a maximum of nine (9) rounds. Beginning March 3, 2024 at 10:00AM Eastern Time, to enter the Qualifier Tournament, an eligible player must log-in to their Play One Up account, click on the “LIFE Camp” community icon, and follow the prompts to select the Qualifier Tournament and register. Eligible Players will be placed in the bracket for the first round of the Qualifier Tournament. Each round of the Qualifier Tournament will be single elimination.
      
      To commence play and enter the Qualifier Tournament, the Player must log-in to their Play One Up account at the designated time for the applicable round, each Player will have up to ten (10) minutes to access the applicable Qualifier Tournament and make team selections and otherwise “ready up” to prepare for tournament play in the Match (as defined in Section 3.1.6 below). Each Player will then have up to ten (10) minutes to connect to commence the start of the Match (as defined in Section 3.1.6 below) for the applicable round of play. At the conclusion of the Match, the Winning Player is required to record and report their score within Play One Up with adequate supporting picture or video evidence of the final score of the Match.
      
      The Winning Player (as defined in Section 3.1.5 below) of a Match will advance to the next round of the Qualifier Tournament until the conclusion of such Qualifier Tournament. The Qualifier Tournament will begin at 3:00PM Eastern Time. Registration for the Qualifier Tournament will close twenty-two (22) hours prior to the start time. The Players ranked first through fourth at the conclusion of the Qualifier Tournament will be eligible to move on to the Finals. If the first through fourth place winners of the Qualifier Tournament are not available for the Finals, their spot may be forfeited and awarded to the runner-up of such Qualifier Tournament (time-permitting). Replacement decisions based on forfeitures shall be determined by One Up in its sole and absolute discretion..
    • Finals. Each of the four (4) Finalist Players that finish in first through fourth place of the Qualifier Tournament (the “Finalist Players”) will be eligible to participate in an in-person live event (the “Finals Tournament”) to take place in New York City on April 6th, 2024 at 12:00PM Eastern Time. The Finalist Players will continue the competition based on their position in the Qualifier Tournament. Each round of the Finals Tournament will be single elimination. The Winning Player (as defined in Section 3.1.5 below) of the single elimination match will advance to the next round of the Finals Tournament until the conclusion of the Finals Tournament. The cash prize awarded to the Finalist Players from the Finals Prize Pool (as defined in Section 3.2.4 below) will be based on whether they place in first, second, third or fourth place at the conclusion of the Finals Tournament. Failure of a Finalist Player to appear at the Finals Tournament will result in the forfeiture of any prize and disqualification from the Event, as determined by One Up and the Sponsor in their sole and absolute discretion. In the event of a forfeiture, no compensation will be provided.
    • Winning Player. A Player is deemed a “Winning Player” of a Match if the Player scores more points than its opponent at the conclusion of the applicable Match or if the Player receives a bye for a round and is not required to compete against an opponent in a Game or if the opponent is otherwise disqualified pursuant to these Rules. At times, unforeseen issues may arise that result in score reporting delays and/or inaccuracies. For the duration of the Event, the results displayed within the tournament bracket identifying the Winning Player will be the official results, regardless of accuracy.
    • Match. A “Match” is a single instance of competition of the Game that is played between two players, identified by their applicable PSN ID or Gamertag in Play One Up, as applicable, until a Player receives a victory or certain victory conditions are otherwise met.
  • Prizes.
    • Final Prize Pool. At the conclusion of the Final Tournament, the last Stage of the Event, the Players ranked first through fourth will be eligible to win a cash prize as follows: (i) First Place [$15,000]; (ii) Second Place [$2,500]; and (iii) Third and Fourth Place [$1,250].
    • ALL FINALIST PLAYERS (COLLECTIVELY, THE “PRIZE WINNERS”) MUST BE VERIFIED BY SPONSOR TO ENSURE ELIGIBILITY PRIOR TO BEING DECLARED A FINALIST PLAYER, AS APPLICABLE AND/OR RECEIVING ANY PRIZE. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes are not transferable or assignable and cannot be transferred by Prize Winners. Non-cash prizes (if any) cannot be redeemed for cash. All prize details are at the sole discretion of Sponsor. Prize Winners are not entitled to any surplus between the actual retail value of the prize and the approximate retail value and any difference between the approximate and actual value of the prize will not be awarded. Prize Winners are responsible for any costs and expenses associated with prize acceptance and use, not specified herein as being provided. Prize Winners may not substitute a prize, but One Up 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. Additional terms and conditions may apply to the acceptance and use of a prize.
      
      The Finalist Players are responsible for all other expenses not specified herein as being covered by Sponsor in connection with the Live Reward, including, but not limited to, meals, beverages, gratuities, taxes, hotel incidentals, excursions, fees, surcharges, service charges, departure and airport taxes, security fees, transfers and ground transportation, including taxis. Sponsor is not liable for any expense incurred as a consequence of flight cancellation/delay or any acts or omissions whatsoever by air carriers, hotel or other transportation companies. Finalist Players are responsible for obtaining any necessary travel documentation such as a valid state identification, passport or other required identification. Each Finalist Player may be required to present a valid credit card at the hotel at the time of check-in. Finalist Players must comply with all applicable requirements and restrictions related to the prize including, without limitation, applicable travel dates, travel documentation and reservation and confirmation procedures. Sponsor will not obtain or provide travel insurance or any other form of insurance. Baggage fees on flights may apply and are the responsibility of the Finalist Player. Once travel arrangements have been booked, no changes will be allowed.
      
      The Finalist Players will be notified by Sponsor of their status as a potential Prize Winner at the email address associated with such Players’ Play One Up account within seventy-two (72) hours of completion of the Qualifier Tournament or Finals Tournament, as applicable, or such other time as reasonably required by Sponsor for such notification, and will be subject to verification of eligibility pursuant to Section 2 and compliance with these Rules. A potential Prize Winner must keep the Play One Up account used to compete in the Event active throughout the verification of eligibility process.
      
      Upon formal notification from Sponsor, Prize Winner shall have five (5) days from the date such notice was emailed to respond and provide any information or materials requested by Sponsor, including the Release (as defined below) for purposes of verification of eligibility pursuant to Section 2 unless Sponsor designates another time frame. Such response from a Prize Winner must be delivered to the email address from which Sponsor’s notification was sent or another email address specified in the notification. The date of receipt by Sponsor shall be decisive for a Prize Winner’s compliance with the deadlines set forth in this Section 3.2.
      
      If any prize or prize notification messages are returned as undeliverable, or a Prize Winner does not respond in the time frame required by Sponsor, or refuses to execute the required documents, or rejects their prize (or any part thereof), or in the event of noncompliance with these Rules or Event requirements, the prize will be forfeited and may be awarded to the next runner-up, as determined by Sponsor in its sole and absolute discretion. In the event of prize forfeiture, no compensation will be given.
      
      In the event of (a) the failure by any such Player to (i) keep the Play One Up account used to compete in the Event active throughout the verification of eligibility process or (ii) timely respond to any notification or request for materials or information; or (b) any such Player 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 Play One Up’s approved tax and payment processing vendors), then in either case (items (a) or (b)), such Player shall be disqualified as a Prize Winner, and such Player shall not be entitled to win any prizes in connection with the Event. In such cases, Sponsor, in its sole discretion, may award the prize to a runner-up or may elect not to name any runner-up and, in its sole and absolute discretion, may (y) award any prize amounts that would have otherwise been awarded to the such disqualified Player as part of a future Match competitive event or (z) award any such prize amounts to non-profit causes and efforts. A Prize Winner will only be announced once the verification of eligibility process has been completed by Sponsor pursuant to these Rules.
      
      Prize Winners will also be required to provide certain payment information to Sponsor, including any required tax information forms, in order to receive the prizes. Sponsor may withhold payment of the prizes if the Prize Winner fails to provide the applicable payment forms to Sponsor in a timely manner.
      
      PRIZES ARE SUBJECT TO APPLICABLE FEDERAL, STATE, AND LOCAL TAXES (INCLUDING, BUT NOT LIMITED TO, INCOME AND WITHHOLDING TAXES) AND IT IS THE RESPONSIBILITY OF EACH PRIZE WINNER TO (I) CHECK WITH HIS OR HER LOCAL TAX ADVISOR TO DETERMINE WHICH TAXES APPLY TO HIM OR HER AND (II) PAY SUCH TAXES TO THE APPROPRIATE TAX AUTHORITY. It is Sponsor's policy to withhold tax at the backup withholding rates in effect for US and non-US residents. Prize income and tax withholding will be reported on form (y) 1099-MISC, and (z) any other relevant tax forms as may be required by applicable law.
      
      Sponsor is solely responsible for paying prizes to the Prize Winners. Sponsor will determine the payment method for the prizes in its sole discretion and, except as otherwise required by applicable law, all payments will be made directly to the Prize Winner in his or her capacity as an individual. For the avoidance of doubt, no prize payments will be made by Sponsor to any organization, company, or other entity. Each Prize Winner will be provided a Prize Acceptance and Release Form (“Release”). Unless restricted by applicable law, each Prize Winner will be required to complete and submit the Release in accordance with the deadlines set forth in this Section 3.2.
      
      Sponsor reserves the right, in its sole and absolute discretion, to conduct background checks on Finalist Players. Entrants must provide authorization and/or complete any forms reasonably required to facilitate such background check. Failure to comply with this requirement and/or assist Sponsor to conduct such background check may result in disqualification of a Finalist Player and may result in selection of an alternate Player (time permitting). Sponsor also reserves the right, in its sole and absolute discretion, to disqualify a Finalist Player based on the results of such background check, if the Sponsor determines, in its sole and absolute discretion that allowing that individual to participate in the Event or awarding them a prize might reflect negatively on the Event, Sponsor, and/or the Contest Parties. Factors that may result in disqualification of a Semi-Finalist Player, 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 awarding a prize to such individual may reflect unfavorably on the Event, Sponsor, and/or the Contest Parties..
• Play One Up Terms of Service. Each Player must follow the Play One Up Terms of Service Agreement (“Play One Up TOS”). These Rules add to and do not replace the Play One Up TOS. By participating in any stage of the Event, Player agrees that they have read and accepted the Play One Up TOS.
• Issues.
  • Definition of Terms.
    • Bug. An error, flaw, failure, or fault that produces an incorrect or unexpected result, or otherwise causes the Game and/or a hardware device to behave in unintended ways.
    • Intentional Disconnection. A Player losing connection in Game due to the Player’s actions or internet connection, quality or stability shall be deemed intentional, regardless of the actual intent of the Player. Intentional disconnection is not considered a valid technical issue for the purposes of a remake.
    • Server Crash. All Players losing connection to the Game due to an issue with the Game server.
    • Unintentional Disconnection. A Player losing connection to the Game due to problems or issues with the game client, or platform.
  • Technical Issues.
    • Due to the nature and scale of online competition, except as otherwise determined by One Up in its sole discretion, matches will not be restarted or made null due to Bugs, Intentional Disconnections, Server Crashes, or Unintentional Disconnections. Except as otherwise determined by One Up in its sole discretion, any technical issues or Bug encounters, whether defined in this Section 5.2 or not, must be played through and will not be cause for a remake.
    • Players may be disqualified if the Event Administrator detects that Player did not complete the game by quitting, powering down, disconnecting from the internet, or excessive penalties. For clarity, if an Player disconnects, the Player may be disqualified and banned from the Event. A ban would eliminate Player from participating in any further Match for any stage of the Event. In the event that Player disconnects from the server at any point during a Game, that Player will be deemed the loser of that Game, regardless of whether such disconnection is intentional and/or is the fault of the disconnecting Player, or caused by other reasons not attributable to Sponsor or Event Administrator.
• Communication.
  • Event Administrators will be available to answer Player-specific questions and provide additional assistance throughout the Event via the official One Up Support Live Chat channel in the Play One Up app.
• Code of Conduct.
  • Personal Conduct; No Toxic Behavior.
    • All Players must conduct themselves in a way that is at all times consistent with (a) the Code of Conduct in this Section 7 (“Code of Conduct”) and (b) the general principles of personal integrity, honesty, and good sportsmanship.
    • Players must be respectful of other Players, Event Administrators, spectators, and sponsors (as applicable).
    • Players shall not behave in a manner (a) which violates these Rules, (b) which is disruptive, unsafe or destructive, or (c) which is otherwise harmful to the enjoyment of the Game by other users as intended by One Up (as decided by One Up). In particular, Players shall not engage in harassing or disrespectful conduct, use of abusive or offensive language, game sabotage, spamming, social engineering, scamming, or any unlawful activity (“Toxic Behavior”). Players must conduct themselves in a sportsmanlike manner, maintaining a friendly and polite demeanor to competitors and to other entrants of the Event. Players who engage in Toxic Behavior or other unsportsmanlike, disruptive, annoying, harassing or threatening conduct or violate any rule, gain unfair advantage in participating in the Event, or obtain winner status using fraudulent means, in One Up’s sole discretion, will be disqualified or banned. Players who violate the PlayStation Network Terms of Service and User Agreement, NBA 2K’s Code of Conduct or Take-Two Interactive’s Terms of Service, or any other terms of use for the platforms may be disqualified in One Up’s sole discretion. Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Rules or the Event and the Sponsor’s decisions concerning such disputes shall be final. Sponsor may prohibit an entrant from participating in the Event or winning a prize if, in its sole discretion, Sponsor determines that said entrant is attempting to undermine the legitimate operation of the Event by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives.
    • Players shall not (a) proclaim to be, or represent themselves as, a banned Player or a cheater/rule breaker, or (b) glorify or otherwise endorse the breaking or violation of these Rules.
    • Any violation of these Rules may expose a Player to disciplinary action as further described in Section 8.2, whether or not that violation was committed intentionally.
  • Competitive Integrity.
    • Each Player is expected to play within the spirit of the Game and these Rules at all times during any Event match. Any form of unfair play is prohibited by these Rules, and may result in disciplinary action. Examples of unfair play include the following:
      • Collusion (as defined below), match fixing or throwing, bribing a referee or match official, or any other unfair or illegal action or agreement to intentionally influence (or attempt to influence) the outcome of any match or Event.
      • Hacking or otherwise modifying the intended behavior of the Game client.
      • Playing or allowing another Player to play on a One Up account or NBA 2K Account registered in another person’s name (or soliciting, encouraging, or directing someone else to do so).
      • Using any kind of cheating device, program, or similar cheating method to gain a competitive advantage.
      • Intentionally exploiting any game function (e.g., an in-game bug or glitch) in a manner not intended by One Up / 2K Games, Inc. in order to gain a competitive advantage.
      • Using distributed denial of service attacks, swatting, or similar methods to interfere with another Player’s connection to the Game’s game client.
      • Accepting any gift, reward, bribe, or compensation for services promised, rendered, or to be rendered in connection with unfair play of the Game (e.g., services designed to throw or fix a match or session).
    • Players may not work together to deceive or otherwise cheat other Players during any match (“Collusion”). Examples of Collusion include the following:
      • Soft play, which is defined as any Player not adhering to a reasonable standard of competition in a Game.
      • Pre-arranging to split prize money and/or any other form of compensation.
      • Deliberately losing or a Match for compensation, or for any other reason, or attempting to induce another Player to do so.
      • Match-Fixing, which is defined as any Player offering, agreeing, conspiring, or attempting to influence the outcome of a Game or Match by any means that are prohibited by law or these Rules.
  • Wagering. Players shall not (a) conduct or promote betting, wagering, or gambling on the Event or any portion thereof, or (b) benefit, either directly or indirectly, from betting, wagering, or gambling on the Event or any portion thereof.
  • Harassment.
    • Players are prohibited from engaging in any form of harassing, abusive, or discriminatory conduct based on race, color, ethnicity, national origin, religion, political opinion or any other opinion, gender, gender identity, sexual orientation, age, disability, or any other status or characteristic protected under applicable law.
    • Any Player who witnesses or is subjected to harassing, abusive, or discriminatory conduct should notify One Up or an Event Administrator. All complaints reported pursuant to this Section 7.4.2 will be promptly investigated and appropriate action will be taken. Retaliation against any Player who brings forward a complaint or cooperates in the investigation of a complaint is prohibited.
  • Confidentiality. A Player may not disclose to any third party any confidential information provided by the Event Administrators, One Up, or its affiliates concerning the Game, the Event, One Up, or its affiliates, by any method of communication, including by posting on social media channels.
  • Illegal Conduct. Players are required to comply with all applicable laws at all times.
• Rules and Conduct Violations.
  • Investigation and Compliance. Players agree to fully cooperate with One Up and/or an Event Administrator (as applicable) in the investigation of any violation of these Rules. If One Up and/or an Event Administrator contacts a Player to discuss the investigation, the Player must be truthful in the information that he or she provides to One Up and/or an Event Administrator. Any Player found to have withheld, destroyed, or tampered with any related information, or otherwise found to have misled One Up and/or an Event Administrator during an investigation, will be subject to disciplinary action as further described in Section 8.2.
  • Disciplinary Action.
    • If One Up decides that a Player has violated the Rules, the Play One Up TOS, the PlayStation Network Terms of Service and User Agreement or NBA 2K’s Terms and Conditions or Terms of Service, One Up may take the following disciplinary actions (as applicable):
      • Issue a private or public warning (verbal or written) to the Player;
      • Disqualify and remove the Player from current or future tournament(s) or match(es);
      • Loss of all or any part of the prizes previously awarded to the Player;
      • Disqualify the Player from participating in one or more matches and/or sessions at the Event; or
      • Prevent the Player from participating in one or more future competitions hosted by One Up.
    • For clarity, the nature and extent of the disciplinary action taken by One Up pursuant to this Section 8.2 will be in the sole and absolute discretion of One Up. One Up reserves the right to seek damages and other remedies from such Players to the fullest extent permitted by applicable law. The enforcement of any applicable punishment by One Up shall not provide such Player with grounds for claims against One Up under any theory of law, or otherwise be considered a liability on the part of One Up to such Player.
    • If One Up decides that there have been repeated breaches of these Rules by a Player, it may hand out increasing disciplinary action, up to and including permanent disqualification from all future competitive play of the Game. One Up may also enforce any applicable penalty specified in Play One Up’s Terms of Service.
    • All Rules violations at the Event will be governed by the One Up team or an Event administrator. A final decision by One Up as to the appropriate disciplinary action will be final and binding on all Players.
  • Rule Disputes. One Up has final, binding authority to decide all disputes with respect to any portion of these Rules, including the breach, enforcement, or interpretation thereof.
• Conditions. The Event is subject to these Rules. By participating, each Player agrees : (a) to be bound by these complete Rules (including the Code of Conduct) and the decisions of One Up which shall be final and binding; and (b) to waive any right to claim ambiguity in the Event or these Rules, except where prohibited by applicable law. By accepting a prize, the Prize Winner agrees to release One Up from any and all liability, loss, or damage arising from or in connection with awarding, receipt, and/or use or misuse of prize or participation in any prize-related activities. One Up shall not be liable for: (i) telephone system, telephone, or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (ii) data corruption, theft, destruction, and unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses, or damages of any kind, including death caused by the prize or resulting from acceptance, possession, or use of a prize, or from participation in the Event; or (iv) any printing, typographical, administrative, or technological errors in any materials associated with the Event. One Up reserves the right to cancel, suspend or modify the Event at any time for any reason in its sole discretion, including but not limited to circumstances beyond its control, such as natural disasters, acts of God, pandemics, and epidemics. One Up may disqualify any Player from participating in the Event or winning a prize if, in its sole discretion, it determines such Player is attempting to undermine the legitimate operation of the Event by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten, undermine, or harass any other Players or One Up’s representatives. One Up may, in its sole discretion, cancel, modify, or suspend the Event should a virus, bug, computer problem, unauthorized intervention, force majeure, or other cause beyond One Up’s control corrupt the administration, security, or proper play of the Event. Any attempt to deliberately damage or undermine the legitimate operation of the Event may be in violation of criminal and civil laws and will result in disqualification from participation in the Event. Should such an attempt be made, One Up reserves the right to seek remedies and damages (including attorneys’ fees) to the fullest extent of the law, including criminal prosecution. The Event is subject to all applicable federal, state, and local laws. In the case of a dispute of the identity of a Player, entries will be deemed made by the authorized account holder of the email addressed associated with the Play One Up 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.
• Publicity; Interview Consent; Photo and Video Consent and Release.
  • To the extent permitted by law, by participating in the Event, I hereby grant One Up the irrevocable and absolute right and permission to use, capture, transmit, and record photographs and/or video recordings of me (including live streams of videogames and other gameplay), or any other personal attributes or characteristics (collectively, “Personal Attributes”) during my voluntary participation in any One Up events, games, and programming, for any and all One Up purposes, including but not limited to, on social media, websites, in publications, on promotional, marketing, and advertising efforts, all business efforts, derivative works, or for any other similar purpose without compensation to me (collectively, “Materials”).
    
    By participating in the Event, I understand and agree that such Personal Attributes of me may be placed on the internet, on or used within One Up events, games, or other programming, and used for any other legal purpose. I also understand and agree that I may be identified by name and/or title in printed, internet or broadcast information that might accompany the use of my Personal Attributes. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video, live streams, and audio recordings, and any other Personal Attributes, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of One Up. I irrevocably acknowledge and agree that One Up shall be the sole and exclusive owner of all rights, titles, and interests in and to such Materials, any and all copyright related thereto, including the results and proceeds to and from the Materials with the right, throughout the universe, in any media now known or hereafter devised, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the same or otherwise. I hereby waive any and all moral rights that I may have in the Personal Attributes and Materials used or captured under the terms of this Agreement. I acknowledge and accept that Personal Attributes and Materials may be provided, shared or otherwise disclosed with 2K Games, Inc. for use on NBA2K TV and/or other productions or broadcasts.
    
    I hereby release, acquit and forever discharge One Up, 2K Games, Inc., Take-Two Interactive Software, Inc., the National Basketball Association, and the National Basketball Players Association, their current and former trustees, agents, officers and employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs, video and live stream recordings, and any other Personal Attributes, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
  • One Up reserves the right to use the name, tag, likeness, audio, video, game play statistics, and/or One Up account ID of any Player, for publicity purposes prior to, during, or after the Event end date, in any media, throughout the world, in perpetuity, but only in connection with publicizing the Event or other Game events and programming, without any compensation or prior review unless specifically prohibited by law.
  • One Up may, from time to time, reach out to Players looking to build their personal brands as competitive Players for an opportunity to voluntarily participate in an interview in connection with the Event (each, an “Interview”). Such Players recognize that One Up is not required to feature such Players and their gameplay or make them famous, but to the extent any such Player wants to participate in an Interview and provide One Up to have the rights to do that, the such Player declares and affirms the following:
    
    You understand that to the extent you agree that you will participate in an Interview, (a) your participation in such Interview will be on a voluntary basis; and (b) One Up will collect a recorded verbal confirmation from you prior to conducting such Interview.
    
    In connection with your participation in the Interview, you hereby grant to One Up and Sponsor a royalty-free, worldwide right and license (with the right to grant sublicenses) to copy, display, distribute, edit, host, store and otherwise use and display your name, likeness, image, voice, video, game play statistics, and biographical information (collectively, “Interview Materials”), and create derivative works of the Interview Materials, in any and all present and future media, on or in connection with (i) the streaming of the Interview Materials; and (ii) One Up’s marketing and promotion of the Event (if any), in each case (items (i) and (ii)), without any compensation or prior review unless specifically prohibited by law. You understand that you can withdraw the aforementioned license at any time by contacting an Event Administrator at support@playoneup.com; provided, however, that this shall not affect the lawfulness of the use One Up has made of such license before its withdrawal.
    
    You acknowledge and agree that One Up and Sponsor are under no obligation to select you to participate in an Interview or to include the Interview Materials in the Event or in any such other production, or to broadcast, exhibit, transmit, distribute or otherwise exploit the Interview Materials in any manner or media.
    
    You represent and warrant the following: (A) you are not under any obligation to any other party which would in any way prohibit or restrict you from participating in the Interview as contemplated hereby or performing any of my obligations herein; (B) you have the right to grant the rights granted to One Up, and you neither have nor will make any commitments that would conflict or interfere with the rights granted to One Up; and (C) your participation in the Interview and the use of the Interview Materials by One Up or anyone else will not violate or infringe upon any rights of any third party and will not cause you to be in breach or violation of any agreements to which you are a party.
• Waiver of Jury Trial. EXCEPT AS PROHIBITED BY APPLICABLE LAW AND AS A CONDITION OF PARTICIPATING IN THIS EVENT, EACH PLAYER HEREBY IRREVOCABLY AND PERPETUALLY WAIVES ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS EVENT, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH, ANY PRIZE AVAILABLE IN CONNECTION HEREWITH, AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
• General Release and Indemnity. To the fullest extent permitted by law, Players forever release, discharge, and covenant not to sue the Contest Parties, their respective affiliates, and each of their respective owners, employees, agents, directors, officers, shareholders, contractors, successors and assigns (collectively “Released Parties”) for, from and against, any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions, causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, arising out of or in any way related to the Event, these Rules, the negligence of any of the Released Parties, entry into the Event, use of the Play One Up platform, and the acceptance, possession, misuse or use of any prize (including, without limitation, any property loss, personal injury, or death, in connection with use or possession of the prize). By participating in the Event, to the maximum extent permitted by law, each Player also agrees to indemnify, defend, release, discharge and hold harmless Released Parties from any and all Claims of any kind whatsoever for injuries, death, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, possession, use or misuse of any prize by Player and Player’s guests and invitees, including without limitation, claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal, state or provincial laws arising from participation and any exploitation of any or all of the rights granted to Sponsor. In addition, each Player acknowledges and agrees that the Released Parties are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible or misdirected entries; (ii) any condition caused by events beyond the control of the Sponsor that may cause any stage of the Event to be disrupted or discontinued; (iii) any failure to receive or process entries due to any cause, including without limitation, human, transmission or technical problems, failures, or malfunctions of any kind, howsoever originating, that may limit a Player’s ability to participate in the Event including any interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections; (iv) garbled, misdirected or jumbled transitions, or traffic congestion; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from entry into or participation in any stage of the Event (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Player’s rights of publicity or privacy, or the Player’s claim that they have somehow been defamed or portrayed in a false light); (vi) any printing or typographical errors in any materials associated with the Event, (vii) human error and other errors; or (viii) late, lost, delayed, or damaged delivery of the prize.
  
  TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL A WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PLAYER HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE EVENT, THESE RULES, PLAYER’S ENTRY, THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO EACH PLAYER.
  
  PLAYERS UNDERSTAND THAT EACH PLAYER IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PLAYER ACKNOWLEDGES THAT PLAYER HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  
  To the fullest extent permitted by law, Player acknowledges and agrees that One Up has no obligation to defend, indemnify or hold harmless Player in any way including, but not limited to, Player’s participation in the Event or Player’s use of the One Up platform.
• Privacy. Sponsor will be collecting personal data about entrants in accordance with Play One Up’s Privacy Policy and any applicable laws. Please review Play One Up’s Privacy Policy for important information regarding the collection, use, and disclosure of personal information by Play One Up. By participating in the Event or claiming a prize, Player may be sharing their personal information with Sponsor. Information transmitted to Sponsor will generally be treated as non-confidential and non-proprietary. Player hereby agrees to Sponsor’s collection and usage of their personal information and acknowledges that they have read and accepted Sponsor’s Privacy Policy.
• Reservations. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Event at any time for any reason in its sole discretion, which shall be final. All Players agree to abide by and be bound by these Rules. Sponsor reserves the right to permanently disqualify and/or revoke a prize from any person it believes has violated these Rules or has acted in a manner that is, in Sponsor’s discretion, offensive, harassing, threatening, repugnant, or violent at any time, including any tampering with the entry process. Player further agrees to not knowingly damage or cause interruption of the Event and/or prevent others from participating in the Event. All decisions of Sponsor shall be final and Player waives any right to challenge any decisions made by Sponsor
• Governing Law/Venue. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of the Players or Sponsor in connection with the Event shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and any matters or proceedings which are not subject to arbitration as set forth in these Rules and/or for entering any judgment on an arbitration award, shall take place solely and exclusively in courts located in the State of Ohio. All matters involving the Event and these Rules shall be resolved individually, without resort to any form of class action and all damages, claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (excluding any attorneys’ fees).
• Social Media Disclosure. Although this contest may be advertised on the Facebook pages, Twitter accounts, Instagram accounts, YouTube channel or other social media platforms of Sponsor, this contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, YouTube or other social media platforms. Players are providing their information to the Sponsor and not to Facebook, Twitter, Instagram, YouTube or other social media platforms. The information a Player provides will only be used by the Sponsor and its agents. By entering, Player provide a complete release of Facebook, Twitter, Instagram or YouTube from any and all responsibilities implied or provided by the Sponsor and that this contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or YouTube.
• Severability. If any provision(s) of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor reserves the right in its sole discretion to supplement or make changes to these Rules without notice.
• Winners List; Rules Request. To obtain a copy of these Rules or any legally required list of winners, send a self-addressed stamped envelope (except residents of VT may omit return postage) to Sponsor at Sponsor’s Address to “Attn: One Up x NBA 2K24 Championship Series”. A request for a winners list must be received within thirty (30) days of the conclusion of the Event.