The CALL OF DUTY: MODERN WARFARE II DOWN UNDER INVITATIONAL will follow the latest Competitive Call of Duty Rules which are updated and published on https://callofdutyleague.com/en-us/competitive-settings. The event will follow the latest competitive settings published up to 12pm on May 13th 2023.

Event Rulebook

The CALL OF DUTY: MODERN WARFARE II DOWN UNDER INVITATIONAL Terms and Conditions rules have been adapted from the Call of Duty Challengers Tournament Rule Book. These rules will be enforced as followed:

CALL OF DUTY: MODERN WARFARE II DOWN UNDER INVITATIONAL Terms and Conditions

1.       Competition Details

Next Level Racing Simulations PTY LTD (the “Promoter”) is running an Invitational event “CALL OF DUTY: MODERN WARFARE II DOWN UNDER INVITATIONAL.” (“Competition”). The competition will start at 12pm Australian Eastern Daylight Savings Time on Saturday 13 May and end once all matches are completed at the latest by 6pm Australian Eastern Daylight Savings Time.

2.       Eligibility and Restrictions

The competition is open only to invited citizens and permanent residents of Australia and New Zealand who are 18 years of age or older or the age of majority in their jurisdiction, whichever is greater at the time of the competition. Competition is void where prohibited or restricted by law. By participating, you (“Entrant”) agree to these Rules and the decisions of the Promoter, which are final and binding in all matters related to this Competition.

Directors, officers, and employees of Promoter and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising, and promotional agencies involved with this Competition, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this competition.

Subject to all applicable federal, state, and local laws and regulations.

3.   Rules of Participation

No purchase of goods or services is necessary to enter this competition. Entrants will bear all costs of participating in this competition, including but not limited to, any internet connection fees or telephone data charges.

Entrants must:

(i)  participate in gameplay in a team of four players, ensuring they join into the subsequent lobbies after every game;

(ii)  provide a screenshot of their team’s score after each round for tracking purposes.

(ii) split the prize fund equally among players if successful.

4.       Prizes

Next Level Racing will declare the winners of the event as the winning team of the Grand Final. Promoters’ decisions are final and binding on all matters relating to the Competition.

The captains of the first, second and third place teams will receive the following prize for equal distribution to each of the four players:

First place: 5 x Next Level Racing Haptic Feedback Gaming Pads & 5 Next Level Racing Gaming Chairs.

All prizes are as stated and winner may not substitute, assign or transfer prize, or redeem prize for cash. If due to circumstances beyond the control of Promoter, Promoter is unable to provide the stated prizes, Promoter reserves the right to award substitute prizes of equal value. All prizes are subject to the terms and conditions of the supplier. Any federal, local or state taxes due on the prize will be paid by the winner.

5.       Results

The winner will be contacted via email or direct message within 7 days following the Competition Period and the Prize shall be delivered within 30 days following the end of the Competition Period. Promoter will be responsible for prize fulfilment. Promoter shall only be required to communicate with the Entrants which have been awarded a prize and shall not be required to deal directly with anyone else on that Entrant’s behalf.

The winner will receive their prize via direct message or email (subject to change) and/or the winner may be required to provide Promoter with a suitable contact name, email address, and associated bank details to send the prize to. Winner may be subject to verification of the entrant’s eligibility and compliance with these Rules. Winner notification not acknowledged by winner via the original method of contact within forty-eight (48) hours after outreach from Promoter may be forfeited a Promoter’s discretion and awarded to an alternate winner selected by Promoter.

Entrants who provide incorrect, misleading, or fraudulent information or violate the Terms of Service are ineligible to participate in the Competition and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading, or fraudulent information or violated the  terms of Service may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate evidence or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the Entrant in entering the Promotion,before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant, entry or Ticket has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid. List of winners will be available for four (4) weeks following the day of the selection of the winner. This list can be obtained by writing to digitalteam@nextlevelracing.com  . Requests must be received no later than thirty (30) days following the conclusion of the Competition Period. If you do not wish to be featured on a public winners list, you must notify Promoter in writing when receiving your prize; Promoter reserves the right to retain and publish your name and contact details as necessary for applicable regulation.

6.       Data Protection

By participating in this competition, entrants hereby acknowledge that Promoter may collect and use their personal information in compliance with applicable laws and regulations and its Privacy Policy accessible at https://nextlevelracing.com/privacy-policy/ in order to organize, run and monitor the competition as well as for carrying out publicity activities on it. Entrants confirm that they have acknowledged the Next Level Racing Privacy Policy. Entrants’ personal data may be transferred to the United States of America for the purpose of this Competition, in adequation with Next Level Racing’s Privacy Policy. Entrants have the right to access, ask for erasure, and correction of their personal data and can request such action by sending a request digitalteam@nextlevelracing.com.

7.       General Conditions

Promoter is not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non- delivered, misdirected, garbled, or stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors or problems of any kind, whether typographical, printing, human, technical, mechanical, electronic, network or otherwise, including, without limitation, any errors or problems which may occur in connection with the administration of the Competition, the announcement of the prizes or in any Competition-related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Competition or website, as solely determined by the Promoter, will be disqualified (and all associated entries will be void), and Promoter reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Promoter. Any entry, which does not comply with the rules, may be deemed invalid at the sole discretion of Promoter. Promoter is not responsible for technical, hardware or software malfunctions, misdirected entries, lost or unavailable network connections, failed, incorrect, garbled, delayed electronic or other communications or other technical problems related to mobile entries. Proof of sending will not be deemed to be proof of delivery.

Any participant who enters or attempts to enter the Competition in a manner, which in Promoter’s determination is contrary to these rules or by its nature is fraudulent or unjust to other entrants including without limitation tampering with the operation of the Competition, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other entrants or Promoter and/or any of its agents or representatives, or who submits an illegible or incomplete entry may be rejected from the competition at Promoter’s sole discretion. In the event that the Competition is, or Promoter believes the Competition may be, challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Competition, or to disqualify Entrants residing in the affected geographic areas. Promoter shall have sole discretion in determining whether or not an entry does or does not comply with the conditions set out in this clause.

Entrants agree that their names and/or likeness may be used to announce the winner via Facebook or Twitter, or on Next Level Racing websites and be included on the winners list. Except where legally prohibited, each winner grants (and agrees to confirm such grant in writing) permission for Promoter and those acting under its authority to use winner’s name, city and state of residence, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in any and all media now known or hereafter discovered, worldwide and on the internet, in perpetuity, in any manner, without notice, review or approval.

By entering this competition, participants agree to be bound by these Terms and Conditions and by any other requirements set out in the promotional material. Promoter reserves the right to modify, cancel, terminate or suspend the competition in whole or in part, at its sole discretion, if it believes the competition is not capable of being conducted as specified in these rules or in the event of a virus, a computer bug or unauthorised human intervention or any other cause that is beyond reasonable control of Promoter that could corrupt or affect the administration, security, impartiality or normal course of the competition.

This competition is governed by and is in accordance with the laws of Queensland. The parties agree that any dispute arising under this competition will be resolved in the courts in Queensland.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be permitted to obtain attorneys’ fees or other legal costs; no punitive, incidental, special, consequential, or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased .The Promoter, its franchisees and its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to:

(i)   technical

malfunctions, delays or failures, including those resulting from accessing any materials related to this Competition and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Competition as a result of any technical malfunctions, delays or failures;

(ii)  theft, unauthorised access or third party interference;(iii) lost or damaged entries, prize claims or prizes; and/or

(iv)   acceptance and/or use of any prize.

Without limiting the foregoing, everything on the competition site is provided “as is” without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose or non- infringement. Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

8. This Competition and all accompanying materials are copyright

©2023 Next Level Racing All rights reserved.

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