VIRTUAL INDIVIDUAL-TEAM CHAMPIONSHIPS
TERMS AND CONDITIONS OF PARTICIPATION
These terms and conditions govern your participation in the Virtual Individual-Team Championships, a series of online chess tournaments organized by Innovative Chess Solutions, LLC
By registering for the Virtual Individual-Team Championships, the participant acknowledges that he has read and agrees to these terms and conditions, which constitute a binding agreement between the registrant and Innovative Chess Solutions, LLC. If the participant has not attained to eighteen years of age, he represents and warrants that he has delivered these terms and conditions to his parent or guardian and such person has read and agreed to these terms and conditions. If the registration of the participant is submitted by another person, such person represents and warrants that he has delivered these terms and conditions to the participant (or his parent or guardian) and such person has read and agreed to the same.
ARTICLE I
Definitions
1.01. Guardian. “Guardian” includes a managing or possessory conservator of a person.
1.02. Including. “Including” means “including, but not limited to.”
1.03. Official Rules. “Official Rules” means the United States Chess Federation’s Official Rules of Chess as amended by the Board of Delegates through the date of the tournament.
1.04. Organizer. “Organizer” means Innovative Chess Solutions, LLC.
1.05. Participant. “Participant” means the person who registers or is registered for the tournament, and if he has not attained to eighteen years of age, the parent, guardian or such other person with authority to enter into binding agreements on his behalf who has consented to these terms and conditions.
1.06. Staff Member. “Staff member” means any person who, at the request of the organizer, assists in the conduct of the tournament or any functions connected therewith.
1.07. Tournament Director. “Tournament director” means any person designated as such by the organizer.
1.08. Tournament. “Tournament” means any of the Virtual Individual-Team Championships.
1.09. US Chess. “US Chess” means the United States of America Chess Federation.
ARTICLE II
Right of Participation
2.01. Participation. Subject to these terms and conditions, the participant shall be entitled to participate in the tournament. The organizer is not liable for any costs associated with such participation.
2.02. Nontransferable. A right to participate in the tournament is nontransferable.
ARTICLE III
Fees
3.01. Entry Fee. The participant represents and warrants that he, or another person on his behalf, has paid the announced entry fee in effect for the tournament at the time of registration. If such entry fee has not been paid, the participant agrees to pay the entry fee before the day of the tournament.
3.02. Membership. As a condition of participation in the tournament, the participant shall be a member of US Chess in good standing on the day of the tournament. If, on the last day before the tournament, he does not have an unexpired US Chess membership in good standing, he may be denied admission, including any passwords required for participation, at the discretion of the organizer. In any such case, entry fees which have been paid are nonrefundable and any entry fees which are due and unpaid shall remain payable.
3.03. Refundability. Except as otherwise provided by these terms and conditions, entry fees are refundable only if the organizer receives a written notification of withdrawal from the participant no later than seven days before the day of the tournament. Memberships and other fees are nonrefundable.
ARTICLE IV
Rules
4.01. Rules. The tournament shall be governed by the Official Rules and such other rules and regulations instituted by the organizer (including the contents of the Eventbrite page advertising the tournament). If there is a conflict between the Official Rules and the rules and regulations instituted by the organizer, the rules and regulations of the organizer shall prevail and the Official Rules shall be of no effect to the extent of the inconsistency. For avoidance of doubt, the organizer hereby invokes the right of organizers to make variations to the Official Rules, with sufficient notice, as provided by Rule 1B.
4.02. Compliance. The participant agrees to comply with the rules of the tournament as defined by the preceding section and as construed by tournament directors.
ARTICLE V
Exculpatory Provisions
5.01. Reservation of Rights. The organizer reserves all rights not expressly disclaimed by these terms and conditions, including the right to merge, divide and otherwise alter the sections of the tournament.
5.02. Sanctions. Without impairing the generality of the preceding section, the organizer shall have full power and authority to inflict such sanctions, including ejectment from the tournament and forfeiture of prize, that it deems necessary in its sole discretion for the enforcement of the rules and the protection of the tournament and its participants. A sanction shall not entitle any person to a refund of any kind.
5.03. Release of Notation. The participant grants and assigns to the organizer and its successors a non-exclusive, unlimited, worldwide, perpetual, royalty-free, irrevocable, assignable, sublicensable right and license to publish, distribute and exploit all notation and scoresheets produced by the participant during the tournament, in any tangible medium of expression, now known or hereafter developed, including the rights to archive, repackage, edit, revise, and make derivative works of, said content in such manner as the organizer may think proper.
5.04. Identification. The participant agrees that he may be identified by name in pairings, standings, press releases, articles, and in such other places as the organizer may determine.
5.05. Ethics Compliant. The participant consents to the transmission of any or all information concerning the conduct of the participant at or in connection with the tournament for the purposes of the submission, investigation, determination, and appeal of any ethics compliant which may be submitted to US Chess or the Association, or both, even if such transmission could otherwise be defamatory.
5.06. Team Managers. Each teams is responsible for designating a person to receive any prizes awarded to the team and distributing said prizes in the manner agreed upon by all team members. Absent such agreement, prizes shall be equally divided among the players. The organizer hereby disclaims, and the participant agrees to indemnify and hold harmless the organizer for, any losses or other liabilities arising from the failure of any team manager to pay prizes, any dispute concerning the division of prizes among players, or the reliance of the organizer upon the statements of one or more persons believed by the organizer to be team members or otherwise associated with the team.
5.07. Technical Difficulties. The participant acknowledges that he is responsible for ensuring that his internet connection and other technical requirements for participating in the tournament are satisfactory. The organizer shall not be required to refund any entry fee, or otherwise be held liable for, the inability of the participant to participate in one or more rounds (or parts thereof) of the tournament, or any loss or reduction of prizes or rating points, arising from technical difficulties of any kind.
5.08. Force Majeure. In the event that the organizer is unable to convene the tournament on the announced date, or continue the tournament after it has commenced, due to an event of force majeure, the organizer shall reschedule the tournament to be held on another date, with such adjustments it deems necessary in its sole discretion, if in its judgment it is practicable to do so. If the tournament is not rescheduled, the participant shall be entitled to receive a refund for the entry fee. In either case, the organizer shall not be liable for any losses or costs incurred by the participant due to the postponement or cancellation of the tournament. For the purposes of this section, “an event of force majeure” shall include, without limitation, acts of God, lightening, earthquakes, tornados, storms, floods, fire or other casualty, perversions of natural law, despotism, governmental interventions, arrest or other restraint of government, wars, insurrections, riots, domestic violence, industrial disturbances, explosions, threats of bombs or similar interruptions, terrorism or terrorist threat, nuclear reaction, radioactive contamination, unavailability of the tournament venue, death or incapacitation of tournament directors, extraterrestrial intervention, pestilence or other disease, accidents, or any other causes, whether of the nature herein enumerated or otherwise that are not reasonably within the control of or caused by the organizer.
5.09. Indemnification. THE PARTICIPANT DOES HEREBY RELEASE AND DISCHARGE THE ORGANIZER, ITS TOURNAMENT DIRECTORS, STAFF MEMBERS AND AGENTS, AND THEIR HEIRS, SUCCESSORS AND LEGAL REPRESENTATIVES, FROM ALL LIABILITY, including any liabilities arising from any sensitive information provided to the organizer in connection with this tournament and the custody thereof by the organizer, AND INDEMNIFY, HOLD HARMLESS AND PROMISE NOT TO SUE the foregoing persons for any liabilities or claims in any way related or connected with the tournament. For avoidance of doubt, these provisions extend to liabilities and claims regardless of whether they arise due to the fault or negligence of the foregoing persons or otherwise.
5.10. Limitation of Remedies. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DECLARES THE FOREGOING SECTION TO BE UNENFORCEABLE OR THE PARTICIPANT OTHERWISE HAS A RIGHT TO SUE THE ORGANIZER IN CONNECTION WITH THE TOURNAMENT NOTWITHSTANDING THE SAID SECTION, THE PARTICIPANT AGREES THAT HIS SOLE AND COMPLETE REMEDY FOR ALL LIABILITY IN CONNECTION WITH THE TOURNAMENT SHALL BE A CASH PAYMENT NOT EXCEEDING THE ENTRY FEES PAID FOR HIS PARTICIPATION IN THE TOURNAMENT. IN ANY SUCH EVENT, THE PARTICIPANT AGREES TO PURSUE THE REMEDY INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS ACTION.
5.11. Acknowledgement of Risk. THE PARTICIPANT ACKNOWLEDGES THAT HE IS AWARE OF THE DANGERS INVOLVED WITH PARTICIPATION IN THE TOURNAMENT AND AGREES TO ACCEPT AND ASSUME ALL RISKS INVOLVED WITH PARTICIPATION IN THE TOURNAMENT, INCLUDING ALL RISKS INVOLVING ANY SENSITIVE INFORMATION PROVIDED TO THE ORGANIZER IN CONNECTION WITH THE TOURNAMENT AND THE CUSTODY THEREOF BY THE ORGANIZER.
5.12. Disclaimer of Liability. THE ORGANIZER, ITS TOURNAMENT DIRECTORS, STAFF MEMBERS AND AGENTS, AND THEIR HEIRS, SUCCESSORS AND LEGAL REPRESENTATIVES, DO NOT ASSUME, AND HEREBY DISCLIAM, ALL LIABILITY AND WARRANTIES, including merchantability and fitness of purpose, THAT MAY LAWFULLY BE DISCLAIMED. Participation in the tournament, together with any and all materials, products and information which are distributed or sold at the tournament, are offered on an “AS IS” basis and without any warranties or guarantees whatsoever.
ARTICLE VI
Miscellaneous Provisions
6.01. Headings. Headings shall not be construed to bear on the meaning of these terms and conditions.
6.02. Choice of Law. These terms and conditions shall be governed by the laws of Texas.
6.03. Forum Selection. In the event of any suit, action or other legal proceeding involving these terms and conditions, the same shall be brought in the courts of McLennan County, Texas. Every party to these terms and conditions consents to the jurisdiction of said courts, waives any objection to such jurisdiction and promises not to in any way subvert the intent of this section.
6.04. Severability. In the event that any portion of these terms and conditions are declared to be unlawful, invalid or unenforceable by a court of competent jurisdiction, such portion shall be reformed to reflect the intent of the parties, and the remainder of these terms and conditions shall remain valid.
6.05. Notices. Notices to the participant shall be transmitted to the email address provided at registration and notices to the organizer shall be transmitted to csbrown.entrepreneur@gmail.com
6.06. Waiver. The failure of any party to these terms and conditions to enforce its rights, or the obligations of another, shall not constitute a waiver thereof. A provision of these terms and conditions shall be waived only by an express written declaration to that effect and is revocable unless otherwise stated by the waiver.
6.07. Construction. In these terms and conditions, the singular and the plural shall include the other, and the masculine, feminine and neuter shall include the others.
6.08. Amendment. The organizer shall have full power and authority to amend these terms and conditions in its sole discretion and such amendment shall become effective when the last updated date of this page has been updated, which shall suffice for notice of amendment.
Last Updated: 7/28/2023