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CANDY CRUSH SODA SAGA


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SURF CUP

1. Introduction:

1.1. The Surf Cup in-game tournament to be held on 7 September 2023 to 2 October
2023  (the “Tournament”) is operated by King.com Limited, a company registered
in Malta whose address is Aragon Business Centre, Level 4, Dragonara Road, St
Julians STJ3140, Malta (also referred to in these terms as ‘King’, ‘we’, ‘us’
and ‘our’) for recreational purposes.

1.2. These rules (“Rules”) apply to all players that enter, participate in any
round or stage in the Tournament (“you”, or “Participants”). Each Participant is
required to read, understand, and agree to these Rules before participating in
the Tournament.

2. Acceptance of the Rules:

2.1. Each Participant must agree to these Rules to participate in the
Tournament. Participants shall accept these Rules by entering or participating
in any round or stage of the Tournament. 

2.2. Accordingly, in its sole discretion, King: (a) may update, amend or
supplement these Rules from time to time; and (b) may interpret or apply these
Rules by releasing, with reasonable notice, bulletins, notices, in-game message,
community posts, online postings, e-mail and/or other electronic communications
that provide instructions and guidance to Participants. Subsequent participation
at any stage of the Tournament will constitute acceptance of the changed rules. 

2.3. These Rules are in addition to and incorporate King’s Terms of Use (“Terms
of Use”), Privacy Policy (“Privacy Policy”), and all rules governing the use of
the Candy Crush Soda Saga game and the administration of the Tournament (where
applicable). In the event of a conflict between these Rules, Terms of Use,
Privacy Policy and any additional Tournament or Candy Crush Soda Saga specific
rules, these Rules shall govern.

2.4. The Tournament and any associated decisions by King are final. No
correspondence will be entered into regarding the selection of any Winner (as
defined below) of this Tournament.

3. Participants: 

3.1. Eligibility: To be able to compete as a Participant in the Tournament you
must:

3.1.1. be physically present in Australia, Austria, Argentina, Brazil, Canada
(excluding Quebec), Chile, Denmark, Finland, France, Germany, India (excluding
the Tamil Nadu region), Ireland, New Zealand, Norway, Spain, Switzerland,
Sweden, United Kingdom, or the United States of America at least three days
before the Tournament begins and during the entirety of the Tournament;

3.1.2. be normally resident in Australia, Austria, Argentina, Brazil, Canada
(excluding Quebec), Chile, Denmark, Finland, France, Germany, India (excluding
the Tamil Nadu region), Ireland, New Zealand, Norway, Spain, Switzerland,
Sweden, United Kingdom, or the United States of America;

3.1.3. have Candy Crush Soda Saga (build 1.250 or later) installed and playable
on an accessible device;

3.1.4. use a compatible device to play Candy Crush Soda Saga with a suitable
operating system, at a minimum: iOS 11.0; Android 5.0 or higher; Amazon Fire OS
5, UWP version Windows 10 v14393.0 and higher. For more information on
compatible devices, operating systems, and minimum device requirements, please
see: Candy Crush Soda;

3.1.5. be in good standing with respect to any King account, with no undisclosed
violations of the Terms of Use;

3.1.6. be level 37 or above in Candy Crush Soda Saga;

3.1.7. have unplayed levels in Candy Crush Soda Saga, as only actions made in
unplayed levels in Candy Crush Soda Saga will be taken into account for the
purposes of the Tournament; 

3.1.8. be over the age of eighteen (18) prior to participating in the
Tournament;

3.1.9. not be a director, officer, or employee of King, relative of a King
employee, or any entity which controls, is controlled by, or is under common
control with King unless King has been notified of and has expressly authorized
such relationship in writing;

3.1.10. agree to be bound by these Rules, King’s Terms of Use, Privacy Policy,
and King’s written instructions as may be updated and amended from time to
time; 

3.1.11. ensure that your participation in the Tournament is compliant with all
applicable laws; 

3.1.12. acknowledge that your eligibility status for participation in the
Tournament as detailed in this paragraph 3.1 may change from time to time; and

3.1.13. represent and warrant that you will take all steps necessary to ensure
such compliance with all applicable laws. If any applicable laws applicable
restrict or prohibit you from entering the Tournament, you must comply with
those legal restrictions or, if applicable, refrain from claiming any Prize.

3.2. King shall have, in its sole and absolute discretion the right to:

3.2.1. update and amend the eligibility criteria listed in these Rules from time
to time; 

3.2.2. determine the eligibility of any and all Participants; and

3.2.3. refuse to reward prizes and/or disqualify any and all Participants if
they are in breach of these Rules.

3.3. Prize eligibility: Use and receipt of the Grand Prize (as defined below)
may be subject to World Surf League’s requirements and terms, which can be
viewed on their website here. Participants must carefully review their details,
terms and requirements before entering the Tournament to ensure they agree with
those terms. King shall not be responsible for providing the Grand Prize Winner
(as defined below) with an alternative prize if the Grand Prize Winner is unable
to use or receive the Grand Prize due to requirements or restrictions set out in
those terms.

4. Tournament requirements and entry

4.1. The Tournament shall be live between 10:00 UTC time on 7 September 2023
until 10:00 UTC time on 2 October 2023. Participants are solely responsible for
ensuring that they have enough time to fulfill all Tournament requirements as
set out herein. Any delayed or unfulfilled entries are the sole responsibility
of the Participant. 

4.2. Participants may not use third party software or an external device or
attachment of any kind that modifies gameplay of the Tournament or the game
without the express consent of King. King reserves the right to exclude any
participant that it, in its sole discretion, suspects of cheating by any method.
Participants may not compete using any desktop emulator.

4.3. No in-app purchases are required or necessary to take part in the
Tournament. Participants are responsible for any phone or internet charges that
they may incur in entering the Tournament. If you are unsure about any phone or
internet charges you may incur, you should contact your phone or internet
operator before entering.

4.4. The Tournament will compromise of the following stages: (i) Qualifiers
(“Stage 1”); (ii) Wild Card 1 (“Wild Card 1 Stage”); (iii) Eighth finals (“Stage
2”); (iv) Wild Card 2 (“Wild Card 2 Stage"); (v) Quarter finals (“Stage 3”);
(vi) Semifinals (“Stage 4”); and (vii) the Final (“Stage 5”) (each referred to
as a “Stage” of the Tournament).

4.5. At any given Stage, Participants will be assigned into groups to compete
with other Participants and be tasked with collecting the special Surfboard
candies. Surfboard candies are collected by matching the Surfboard candies
together and passing the relevant level. Subject to King’s sole and absolute
discretion, the final score on the Tournament leaderboard (“Leaderboard”) at the
close of each Stage will determine which Participants shall pass to the next
Stage of the Tournament. King reserves the right to choose additional
Participants to take part in the next Stage of the Tournament, including but not
limited to if more Participants are needed to take part in any given Stage, or a
Participant does not meet the criteria as outlined in paragraph 3.1.

4.6. For each stage the Participant plays in, the Participant must log in to
Candy Crush Soda Saga within 23 hours of the relevant Stage ending in order to
ensure their scores are recorded and to claim their place in a Leaderboard. If
the Participant does not do so, the number of Surfboard candies collected shall
not be recorded, and Participants may risk losing their position in the
Leaderboard. We are not responsible for any losses of scores or Leaderboard
places where a Participant has not logged in within the required timeframe.

4.7. Stage 1 - Qualifiers: Participants need to collect enough Surfboard candies
to reach top 3 in a Leaderboard to pass to Stage 2 of the Tournament. Stage 1
will last 4 days. Stage 1 is scheduled to take place between 10:00 UTC 7
September 2023 to 10:00 UTC 11 September 2023.

4.8. Wild Card 1 Stage: If Participants do not reach top 3 in the Leaderboard in
Stage 1, Participants may be given the chance (at our sole discretion) to
participate in the Wild Card 1 Stage. Participants must finish first place in a
Leaderboard to reach Stage 2. Wild Card 1 Stage is scheduled to take place
between 10:00 UTC 12 September 2023 and 10:00 UTC 14 September 2023.

4.9. Stage 2 – Eighth finals: Participants need to collect enough Surfboard
candies to reach top 3 in a Leaderboard to pass to Stage 3 of the Tournament.
Stage 2 will last 3 days. Stage 2 is scheduled to take place between 10:00 UTC
15 September 2023 to 10:00 UTC 18 September 2023.

4.10. Wild Card 2 Stage: If Participants do not reach top 3 in the Leaderboard
in Stage 2, Participants may be given the chance (at our sole discretion) to
participate in the Wild Card 2 Stage. Participants must finish first place in a
Leaderboard to reach Stage 3. Wild Card 2 Stage is scheduled to take place
between 10:00 UTC 19 September 2023 and 10:00 UTC 21 September 2023.

4.11. Stage 3 – Quarterfinals: Participants need to collect enough Surfboard
candies to finish first place in a Leaderboard to pass to Stage 4 of the
Tournament. Stage 3 will last 3 days. Stage 3 is scheduled to take place between
10:00 UTC 22 September 2023 to 10:00 UTC 25 September 2023.

4.12. Stage 4 – Semi Finals: Participants need to collect enough Surfboard
candies to finish first place in a Leaderboard to pass to Stage 5 of the
Tournament. Stage 4 will last 2 days. Stage 4 is scheduled to take place between
10:00 UTC 26 September 2023 to 10:00 UTC 28 September 2023.

4.13. Stage 5 – Final: One (1) Participant shall be deemed the Grand Prize
Winner (as defined below) based on the Participant who has collected the most
Surfboard candies in Stage 5. Stage 5 will last 3 days. Stage 5 is scheduled to
take place between 10:00 UTC 29 September 2023 to 10:00 UTC 2 October 2023.

4.14. In the event of tied scores at any Stage, the Participant who is chosen to
proceed with the next Stage or win any Prize will be the first Participant to
have submitted that score (including but not limited to following the steps set
out in paragraph 4.6).

4.15. New levels only: Players will only gain Surfboard candies for new levels
that are then successfully completed during the Tournament. Any Surfboard
candies that are collected on any levels that have been previously completed
will not count as part of the final score.

4.16. Levels or game modes outside of Candy Crush Soda Saga’s main level
progression, such as ‘Bake A Cake' levels, are not part of the Tournament. Any
candies collected during these levels or game modes will not be counted for the
purposes of the Tournament.

4.17. Internet connection is required. For Participants playing on offline mode,
their points will not increase while playing offline. Participants must sync
their progress online and fulfill all the requirements set out in these Rules
within the specified timeframes, including the steps set out in paragraph 4.6,
in order the Participant’s scores to be taken into account. It is recommended
that you play online where possible. If you do not sync your points within the
specified schedule/timeframe, they will not count and you may not qualify for
the next Stage or be ranked in the Leaderboard.

5. Prize

5.1. Grand prize (“Grand Prize”): The Winner of Stage 5 (the “Grand Prize
Winner”) will receive:

5.1.1.  one (1) surfboard signed by surf athletes, the number and identity of
the specific athletes to be determined by the World Surf League organization
(“WSL”) at their sole discretion; and

5.1.2.  two hundred (200) in-game gold bars per month for twelve (12) months
(2,400 gold bars in total) to use in Candy Crush Soda Saga.

5.2. All costs, taxes, fees, expenses and/or arrangements associated with the
Grand Prize and incurred by the Grand Prize Winner are the sole responsibility
of the Grand Prize Winner. We have the right to substitute any publicised prize
for an alternative prize of equal or greater value if, for any reason, the Grand
Prize become unavailable.

5.3. Runners-up prizes (“Runners-up Prizes”): King may award gold bars, in-game
boosters or other in-game items to Participants who participate in the
Tournament, at its sole discretion. The Runners-up Prizes and the Grand Prize
shall together be referred to as “Prizes” in these Rules.

5.4. Winning Participants of any Prizes (“Winners”) shall be given information
via an in-game notification within 48 hours of the relevant Stage ending if they
have won any Prizes. Winners will also be informed that they have won a Prize
via a push notification if enabled by their device and app settings. Winners
with King accounts linked to email addresses will also be notified by email. 

5.5. Runners-up Prizes will be automatically sent to the relevant Winners’ Candy
Crush Soda Saga gameplay.

5.6. The Grand Prize Winner must follow the instructions set out in the
notification(s), if any, and provide the required information requested by King
within the specified timeframe in order to claim the Grand Prize. The Grand
Prize Winner will be required to provide to King, fully and accurately, their
full name, contact details (including telephone number and contact email), and
delivery address in order to claim the Grand Prize. 

5.7. If the Grand Prize Winner does not follow the instructions in the
notification(s) or provide all the requested information before the timeframe
specified in the notification(s), the Grand Prize will be forfeited and we may
(at our discretion) draw pick another Grand Prize Winner based on their place in
the Leaderboard. 

5.8. The delivery time for the Grand Prize will depend on the Grand Prize
Winner’s location and other factors beyond King’s control, such as but not
limited to lightning, flood, severe weather, fire, explosion, terrorist
activities, epidemic, pandemic, riots, war, anything done by a government or
other public authority, strikes or other industrial action, or other actions of
third parties we do not control. King will advise on approximate delivery times
to the Grand Prize Winner but cannot guarantee the delivery at the specified
time. To the greatest extent permitted by the applicable laws, King assumes no
responsibility for any problems in relation to the delivery of the Grand Prize
outside of King’s reasonable control. In the event of such issues arising, King
reserves the right to deliver the Grand Prize at a different time or by
different means,  or substitute the Grand Prize for an alternative prize of
equal or greater value if, for any reason, the Grand Prize become unavailable.

5.9. King makes no representation or warranty in relation to any Prize and, to
the fullest extent permissible by law, King will have no liability to the winner
in relation to any Prize, its fitness for purpose, merchantability or otherwise.
We will have no liability in respect of any Prize if it is lost or stolen
following delivery. 

5.10. Prizes are non-transferable, non-exchangeable and may not be re-sold. No
cash whatsoever is available for any Prize. No other alternative to any Prize
can be chosen by a Participant. 

6. Grant of Rights

6.1. By agreeing to these Rules and participating in the Tournament, each
Participant hereby grants to WSL, King and (in each party’s case) its parents,
subsidiaries and affiliates a royalty-free, fully paid-up, worldwide, right and
license (with the right to grant sublicenses) to copy, display, promote,
distribute, edit, publish, host, store and otherwise use the Participant’s name,
logos, trade or service marks, copyrighted material, player account username,
Facebook username, initials, likeness, image, photograph, animation, avatar,
autograph, voice, video or film portrayal, public persona, game play data and
statistics, and any material from the Tournament involving the Participant
(“Participant Materials”), and create derivative works thereof, in any and all
present and future media whether now known or hereafter created, on any and all
platforms and via any method of delivery, on or in connection with, but not
limited, to the following: (a) the marketing and promotion of the Tournament and
Candy Crush Soda Saga and the Candy Crush franchise in general; (b) King’s
websites and applications; (c) across all channels or networks via organic
and/or paid activity including, but not limited to, King owned and operated
channels, social media accounts, and other third-party channels; (d) print and
online advertising and content, including outdoor and indoor billboards,
posters, signs and displays, television; and (e) any other advertising or
promotional materials developed by or for King (or its sublicensees) from time
to time (the foregoing, together the “Advertising and Commercial Materials”). 

6.2. On King’s request, the Grand Prize Winner shall provide to King a clear,
high-resolution photo and/or video of themselves with the Grand Prize (“Grand
Prize Winner Materials”). The Grand Prize Winner Materials shall comply with
other specifications that King may reasonably request in writing to the Grand
Prize Winner. For avoidance of doubt, WSL, King and (in each party’s case) its
parents, subsidiaries and affiliates may copy, display, promote, distribute,
edit, publish, host, store and otherwise use the Grand Prize Winner Materials,
the Grand Prize Winner’s name, logos, trade or service marks, copyrighted
material, Grand Prize Winner’s account username, Facebook username, initials,
likeness, image, photograph, animation, avatar, autograph, voice, video or film
portrayal, public persona, game play data and statistics, and any material from
the Tournament involving the Grand Prize Winner, and create derivative works
thereof, in any and all present and future media whether now known or hereafter
created, on any and all platforms and via any method of delivery, on or in
connection with any Advertising and Commercial Materials.

6.3. By agreeing to these Rules, each Participant (including the Grand Prize
Winner) hereby waives, and agrees not to assert, any: (a) rights of prior review
and/or approval of any of the Advertising and Commercial Materials; and (b)
moral or other equivalent rights (if any) to which he/she is or may become
entitled under applicable law in relation to the Advertising and Commercial
Materials, or to his/her participation in the Tournament or King events. 
Nothing in these Rules requires King to make use of any of the rights or
licenses granted herein.

6.4. Participants (including the Grand Prize Winner) have the right to withdraw
their consent to being included in the Participant Materials and the Grand Prize
Winner Materials (as applicable) any time by contacting us via this email
address: queries@support.king.com. In such a case, King will (as soon as
reasonably practicable) cease the use of the Participant Material relating to
that Participant and/or the Grand Prize Winner Material relating to the Grand
Prize Winner (as applicable). However, please note that King cannot always
control the use of Participant Materials or the Grand Prize Winner Materials
which have been already published or disseminated, therefore King reserves the
right not to interrupt any uses of the Participant Material and the Grand Prize
Winner Material already in place at the time of withdrawal of consent to the
extent that such interruption would involve a disproportionate effort on the
part of King. King will ensure that it will comply in all material respects with
all applicable data protection laws and we will delete your personal data once
the purpose of collecting the personal data has been achieved.

6.5. Residents of Brazil only: Paragraph will 6.1 apply to all Participants,
except for any Participants who are residents of Brazil (“Brazil Participants”).
Brazil Participants may be asked to co-operate with WSL, King and (in each
party’s case) its parents, subsidiaries and affiliates to the purposes described
in paragraph 6.1. For Brazil Participants, references in paragraphs 6.3 and 6.4
to “Participants” shall be deemed to refer to the “Grand Prize Winner” only.

7. Dispute Resolution – for residents in the United Kingdom and European Union

7.1. Most concerns can be solved quickly by contacting us at
queries@support.king.com.

7.2. If you are a resident of the European Union, if you are not satisfied with
the resolution of your request by our customer service, the European Commission
provides an online dispute resolution Platform which is accessible at
http://ec.europa.eu/consumers/odr.

7.3. If you are a resident of the United Kingdom and you are not satisfied with
the resolution of your request by our customer service, the United Kingdom
Government provides information regarding consumer rights at
https://www.gov.uk/consumer-protection-rights. 

7.4. If you are resident in the United States, please see paragraph 8 below.

7.5. In the unlikely event that we cannot solve your concern and you wish to
bring legal action against us, the provisions of paragraph 9.7 below shall
apply.

8. Dispute Resolution – for residents in the United States

8.1. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A
CLASS OR REPRESENTATIVE CAPACITY.

8.2. The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this
paragraph 8 apply to you if you are domiciled in and/or participated in the
Tournament from the United States. See JURISDICTION AND APPLICABLE LAW below for
details. (9 U.S.C. §1, et seq.). The BINDING ARBITRATION AND CLASS WAIVER is
governed by the Federal Arbitration Act (9 U.S.C. §1, et seq.) (“FAA”) and
federal arbitration law.

8.3. The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this
paragraph 8 apply to all Disputes between you and King and/or King’s Affiliates
relating to the Tournament. Paragraph 8 also applies to any Dispute (as defined
below) between you and any King Affiliates, each of which is an intended
third-party beneficiary of paragraph 8. “Affiliate” means any entity
controlling, controlled by or under common control with King, where ‘control’
means the direct or indirect ownership of more than fifty percent (50%) of such
entity’s capital or equivalent voting rights.

8.4. To the fullest extent allowed by applicable law, you and we agree to submit
all Disputes between us to individual, binding arbitration pursuant to the
provisions in this paragraph 8. A “Dispute” means any dispute, claim, or
controversy (except those specifically exempted below) between you and King
and/or King’s Affiliates that in any way relates to or arises from any aspect of
our relationship, including, without limitation, your participation or attempted
participation of the Tournament, all marketing related to or matters arising
from the Tournament, and all matters relating to or arising from these Rules
(including all terms incorporated into these Rules), including any Disputes over
the validity or enforceability of these Rules to arbitrate.  A Dispute shall be
subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER provisions
regardless of whether it is based in contract, statute, regulation, ordinance,
tort (including fraud, misrepresentation, fraudulent inducement, or negligence),
warranty or any other legal or equitable theory. This includes Disputes, claims,
or requests for relief arising at any time, including those that accrued before
you entered into these Rules.  You understand that there is no judge or jury in
arbitration and that court review of an arbitration award is limited. 

8.5. Initial Dispute Resolution: If you have any concerns or queries regarding
the Tournament or these Rules, our customer support team can be reached through
our King Community portal (http://community.king.com). Most concerns are quickly
resolved in this manner to our customers' satisfaction. In an effort to
accelerate resolution and reduce the cost of any Dispute between you and King
and/or King’s Affiliates, you agree to first attempt to negotiate any Dispute
informally for at least thirty (30) days before either party initiates any
arbitration or court proceeding (the “Initial Dispute Resolution Period”). That
period begins upon receipt of written notice from the party raising the Dispute.
If King has a Dispute with you, it will send notice of that Dispute to your
billing address and email address you have provided to us.  If you have a
Dispute with King and/or King’s Affiliates, you must notify us in writing at the
following email address: queries@support.king.com, using the subject line
“Initial Dispute Resolution Notice.”  Your notice of Dispute must be individual
to you and must include your name, the screen name and email address associated
with your player account (if any), and your residential address.  The notice of
Dispute also must describe the Dispute, explain the facts of the Dispute as you
understand them, and tell King what you want us to do to resolve the problem. 
The parties shall use their best efforts to settle any Dispute directly through
consultation and good faith negotiations, and you agree that a notice of Dispute
containing all of the information required above, followed by at least 30 days
of good faith negotiation, are preconditions to either party initiating a
lawsuit or arbitration.  A notice of Dispute will not be valid, will not start
the Initial Dispute Resolution Period, and will not allow you or King later to
initiate a lawsuit or arbitration, unless it contains all of the information
required by this paragraph.  If either of us commences an arbitration without
having previously provided a valid and compliant notice of Dispute, you and King
agree that the applicable arbitration provider (or the arbitrator, if one has
been appointed) must suspend the arbitration until the party that initiated it
complies with the Initial Dispute Resolution Period.  You and King authorise the
arbitration provider or the arbitrator to decide summarily whether the party
that commenced an arbitration complied with the Initial Dispute Resolution
Period requirement, relying solely on these Rules and the notice of Dispute (if
any) that you or King provided before commencing arbitration. 

8.6. Binding Arbitration and Arbitration Procedure: If a Dispute cannot be
resolved through negotiations during the Initial Dispute Resolution Period, then
either party may initiate binding arbitration as the sole means to formally
resolve the Dispute, unless an exception applies as stated below.  Except in the
event of a Mass Arbitration (as defined below), the arbitration will be
administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules
and Procedures (the “JAMS Rules”) effective as of the date of the Notice of
Dispute, which are available at the JAMS website,
http://www.jamsadr.com/rules-streamlined-arbitration, as modified by these
Rules. If, for any reason, JAMS is unable to provide the arbitration, then
except as otherwise stated below, you may file your Dispute with any national
arbitration company that handles consumer arbitrations following procedures that
are substantially similar to the JAMS Rules. Arbitration hearings may be
conducted by videoconference or telephone unless the arbitrator believes an
in-person hearing is necessary.  In such instances, the location of an
arbitration hearing will be decided pursuant to the JAMS Rules. For Participants
playing from the United States but who are not residents of the United States,
arbitration will be initiated in Los Angeles County, California, and you and
Activision agree to submit to the personal jurisdiction of any federal or state
court in Los Angeles County, California, in order to compel arbitration, to stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgement on the award entered by the arbitrator. The arbitrator will be
empowered to grant whatever relief would be available in a court under law or in
equity. The arbitrator will make a decision in writing but need not provide a
statement of reasons unless requested by a party. The arbitrator must follow
applicable law. If the Dispute does not exceed $25,000, the arbitration will be
conducted solely on the basis of written submissions. The parties may bring any
dispositive motion or motions during the course of the proceedings. Discovery in
the arbitration will be limited to that necessary to resolve the dispute. The
decision of the arbitrator shall be final and binding on you and us, and any
award of the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator and not any federal, state or local court or agency, has
exclusive authority to determine the scope and enforceability of this
arbitration agreement, including whether a Dispute is subject to arbitration as
well as to decide all issues arising out of or relating to the interpretation,
applicability, validity, arbitrability, enforceability and/or formation of this
agreement to arbitrate, including, but not limited to, where a party raises as a
defence to arbitration that the claims in question are exempted from the
arbitration requirement or that any portion of this agreement is void, voidable,
or not enforceable.  If a lawsuit filed in court includes claims or requests for
relief that are arbitrable and claims or requests for relief that are not, you
and we agree that any non-arbitrable claims or requests for relief will be
stayed pending the completion of the arbitration of the arbitrable claims or
requests for relief.

8.7. Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU
AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN
AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS
ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the fullest extent applicable
law does not permit waiver of private attorney general claims, but permits them
to be arbitrated, then such claims shall be resolved in arbitration.  If any
court or arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration can
proceed on a class basis, the arbitration provision set forth above shall be
deemed null and void in its entirety and the parties shall be deemed to have not
agreed to arbitrate disputes. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER
THAN THROUGH ARBITRATION, YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, NO ACTION WILL BE BROUGHT ON A CLASS OR COLLECTIVE BASIS AND YOU
UNCONDITIONALLY WAIVE ANY RIGHT TO BRING SUIT ON A CLASS OR COLLECTIVE BASIS.  

8.8. Exception - Litigation of Intellectual Property and Small Claims Court
claims: Notwithstanding the parties' decision to resolve all disputes through
arbitration, either party may bring an action in state or federal court that
only asserts claims for patent infringement or invalidity, copyright
infringement, moral rights violations, trademark infringement, and/or trade
secret misappropriation, but not, for clarity, claims related to the licence
granted to you as part of participating in the Tournament under these Rules.
Either party may also seek relief in a small claims court for any individual
Disputes within the scope of that court's jurisdiction. If an arbitration is
filed, before the arbitrator is formally appointed either party can send written
notice to the opposing party and the applicable arbitration provider that it
wants the case decided by a small claims court, after which the arbitration
provider must close the case.

8.9. Exception – Mass Arbitration Before FedArb: Notwithstanding the parties’
decision to have arbitrations administered by JAMS, if 20 or more demands for
arbitration are filed relating to the same or similar subject matter and sharing
common issues of law or fact, and counsel for the parties submitting the demands
are the same or coordinated, you and we agree that this will constitute a “Mass
Arbitration.” If a Mass Arbitration is commenced, you and we agree that it will
not be governed by JAMS Rules or administered by JAMS. Instead, a Mass
Arbitration will be administered by FedArb, a nationally recognized arbitration
provider, and governed by the FedArb Rules in effect when the Mass Arbitration
is filed, excluding any rules that permit arbitration on a class-wide basis (the
“FedArb Rules”), and under the rules set forth in these Rules. The FedArb Rules
are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and
we agree that the Mass Arbitration will be resolved using FedArb’s Framework for
Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact
FedArb jointly to advise that the parties intend to use FedArb’s Framework for
Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass
Arbitration will be submitted on FedArb’s claim form(s) and as directed by
FedArb. You and Activision agree that if either party fails or refuses to
commence the Mass Arbitration before FedArb rather than JAMS, you or King or
King’s Affiliates may seek an order from JAMS compelling compliance and
directing administration of the Mass Arbitration before FedArb. Pending
resolution of any such requests, you and we agree that all arbitrations
comprising the Mass Arbitration (and any obligation to pay arbitration fees)
will be stayed.

8.10. 30 Day Right to Opt Out: You have the right to opt-out and not be bound by
the arbitration agreement and class action waiver provisions in this paragraph 8
by sending written notice of your decision to opt-out to the following address:
King.com Ltd Aragon Business Centre Level 4, Dragonara Road, St Julian’s
STJ3140, Malta, Attn: King Legal. The notice must be sent within 30 days of when
you first participate in the Tournament; otherwise you will be bound to
arbitrate Disputes in accordance with the terms of those paragraphs. If you
opt-out of these arbitration provisions, we also will not be bound by them. You
must opt out within 30 Days after these Rules become effective on the date you
first participated in the Tournament. 

8.11. In the event of conflict, the provisions of this paragraph 8 will be
superseded by the arbitration provisions set out in the King Terms of Use.
Otherwise, the provisions of this paragraph 8 shall govern, control, and
supersede, any inconsistent provisions of these Rules, any previous versions of
these Rules.

9. Other Legal stuff

9.1. To preserve the integrity of the Tournament, King will have the right to
monitor compliance with these Rules and investigate possible breaches of these
Rules. Participants agree to cooperate with King in any such investigation. The
failure by a Participant to cooperate with King is itself a violation of these
Rules.

9.2. Any violation of the Rules may subject a Participant to discipline,
including, but not limited to Tournament round/Stage forfeitures, Prize
forfeitures, fines, disqualification/removal from the Tournament and legal
claims. The nature and extent of penalties imposed will be determined by King in
its sole discretion. All decisions of King regarding violations of Rules or
other issues regarding the Tournament, are final.

9.3. The data controller for all personally identifiable information or personal
data that we collect about you as described in these terms and conditions, the
Tournament or in relation to our games is King.com Limited. King.com Limited and
its affiliates shall collect, process, use and share your personal information
for the purposes of running the Tournament and in accordance with our Privacy
Policy. If you do not agree to our Privacy Policy, you should not participate in
the Tournament. By accepting these Rules, each Participant also agrees to the
terms of the King’s Privacy Policy: https://www.king.com/privacyPolicy.

9.4. As a condition of participating in the Tournament and to the greatest
extent permitted by the applicable laws and regulations, each Participant agrees
to release and hold harmless King and its parents, subsidiaries, and affiliates,
and each of their respective officers, directors, employees and other
representatives from any liability whatsoever, and waive any and all causes of
action, related to any claims, costs, losses, or damages of any kind arising out
of or in connection with their participation in the Tournament or delivery,
mis-delivery, acceptance, possession, use of or inability to use any Prize
(including, without limitation, claims, costs, damage to or destruction of
property, rights of publicity or privacy, defamation or portrayal in a false
light, whether intentional or unintentional), whether under a theory of
contract, tort, warranty or other theory. This paragraph shall not exclude any
liability that cannot be excluded as a matter of law. 

9.5. To the greatest extent permitted by the applicable laws, King assumes no
responsibility for any problems or technical malfunction outside of King’s
reasonable control, including of any communications network, third-party
systems, computer systems, servers, software, Internet service providers, or
e-mail systems; failure of any entry to be received on account of technical
problems or incomplete, late, lost, damaged, illegible or misdirected electronic
communications; or any combination thereof, including damage to entrants' or
anyone else's computer equipment related to or resulting from participation or
downloading of any materials in this Tournament. In the event of such issues
arising, King reserves the right to recommence, or reset the Tournament or any
stage thereof in its sole discretion. 

9.6. King is primarily responsible for administering the Tournament. No other
third party is responsible for the legal operation of the Tournament.

9.7. Subject to paragraphs 9.8 and 9.9 below, and unless the law of your country
of residence states otherwise, the laws of England will govern the
interpretation of these Rules and apply to claims for breach of it. If there is
a dispute between us regarding these Rules, then that dispute will be subject to
the jurisdiction of the courts of England unless the law in your country of
residence allows you to choose the courts of that country for the dispute in
question. Any additional rights which you may have as a consumer remain
unaffected by these Rules. 

9.8. For residents in the United States: You and we irrevocably consent to the
exclusive jurisdiction and venue of state or federal courts in Los Angeles
County, California to resolve any claims that are subject to exceptions to the
arbitration agreement described in paragraph 8 above, or otherwise determined
not to be arbitrable.

9.9. If you are resident outside the United States and you are entitled to
commence and/or participate in legal proceedings within the United States, then
you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION
WAIVER provisions above.

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