MMA VICTOR TERMS AND CONDITIONS
THIS WEBSITE IS INTENDED FOR RESIDENTS OF CANADA AND THE UNITED STATES ONLY, EXCLUDING RESIDENTS OF QUEBEC AND the States of Arizona, Iowa, Louisiana, Maryland, Montana and Vermont, AND WILL BE GOVERNED BY CANADIAN LAW.
MMA Victor fantasy mixed-martial arts tournaments offered by MMA Victor Inc. (each a "Tournament" or "Tournaments") are open to legal residents in Canada (excluding the Province of Quebec) and of the United States and the District of Columbia (excluding the States of Arizona, Iowa, Louisiana, Maryland, Montana and Vermont) who have reached the age of majority in their province or territory and state of residence at the time of entry and are governed by Canadian or US law. (19 years of age in the States of Alabama and Nebraska.) Employees of MMA Victor Inc. ("MMA Victor") or other parties involved in any aspect of the creation, production, operation, execution and fulfilment of a Tournament and the immediate family members of such individuals are not eligible to participate and/or win. Participation in a Tournament constitutes the full and unconditional agreement to these Terms and Conditions and the rules for each Tournament (for each Tournament, the "Tournament Rules").
HOW TO ENTER:
Each Tournament lasts one (1) day and is based on the mixed-martial arts ("MMA") tournament which is transpiring live on that particular day. Individuals who participate in a Tournament (each, a "User" or collectively, the "Users") may purchase any denomination of electronic credits (a "Credit" or "Credits", as the case may be) which will be deposited into such User's MMA Victor account (the "Account") which may be applied to their participation in the applicable Tournament. All purchases of Credits must be made in C.A.D Dollars.
Each Tournament will only have a limited number of openings, and Users will be accepted on a first come, first serve basis. Any Tournament which does not attract the requisite minimum number of participants will be cancelled prior to commencement.
There is no limit to the number of Tournaments which a User may participate on a given Tournament day.
In the event that any User does not elect to purchase Credits or enter a Tournament via the Free Entry Alternative described below , such User will have access to a free Tournament which will be subject to the same terms as described herein, but which will not be subject to any prize pool.
MMA Victor is not responsible for attempted Tournament registrations that are lost, late, illegible, misdirected, damaged, incomplete or incorrect, or for your failure to participate in, or complete, a scheduled Tournament. If you fail to enter a Tournament, including without limitation where you cannot access the Website for any reason whatsoever, you will not be able to participate in that Tournament. A Users access to and use of the Website or any of the content located on the Website is at the User's risk and the sole and exclusive remedy for the User is to discontinue accessing and using the Website.
DESCRIPTION OF PLAY:
Choose a Tournament
MMA Victor currently offers individual Tournaments based on live daily events in the following MMA leagues: UFC, Strikeforce, Bellator and Dream.
Make Your Picks
Users will be presented with MMA fighters (a "Fighter" or, collectively, the "Fighters") in the particular MMA league to which the Tournament applies. Based on the head-to-head matchups in the live daily MMA event to which the Tournament applies, Users will select the following:
which Fighter will win that fight;
the method by which the Fighter will win;
the round in which the Fighter will win; and
the minute in which the Fighter will win.
Once these selections are made by a User, the Fighter(s) selected will become that User's "fantasy" team for that Tournament.
To be eligible for a Tournament, all picks must be received by MMA Victor no later than two (2) hours before the actual start of the MMA event to which the Tournament applies.
Each User will earn points based on the scoring system described below for each Tournament. The specific scoring system for each Tournament, and the number of winners, will be predetermined and set forth in the applicable Tournament Rules. MMA Victor will be responsible for tallying the points for each Tournament based on the reporting of Fighter performance provided by each applicable MMA league. The winner(s) of any Tournament, as determined by MMA Victor, will receive the applicable prize, less ten percent (10%), to be paid out as a deposit into the User's PayPal® account; provided, however, that PayPal® may deduct a service fee in connection with such deposits. In the event that the prize is $100 or greater, MMA Victor may elect, in its sole discretion, to mail a cheque of the applicable prize to the winner. The User is responsible for paying any sales, use, income or other taxes related to prizes awarded to the User in connection with any Tournament.
The value of the prize per Tournament will be a pre-determined fixed amount, which will vary depending upon which Tournament the User participates in. Tournament prize pools will be maintained by MMA Victor in a separate trust account, and Users will not be entitled to receive a larger prize by reason of the fact that other Users have applied Credits in order to participate in the Tournament. Users should check the description of each Tournament for a description of its particular prize prior to entering.
DESCRIPTION OF SCORING
Scoring for Tournaments will be determined as follows:
MMA Scoring System
Selecting the correct Fighter 10 points
Selecting the correct method of win 5 points
Selecting the correct round of win 5 points
Selecting the correct minute of win 5 points
Bonus for selecting all of the above 4 criteria correctly per fight 10 points
MMA Victor reserves the right to change the number or type of available MMA leagues or the scoring system at any time. In that case, these rules will be updated to reflect those changes.
There are two (2) different payout structures for Tournaments, which will either be selected by the Users when a Tournament is set up or will be determined in advance by MMA Victor in its sole discretion. The payout structures for Tournament prize pools will be as follows, and will all be subject to the 10% administrative fee described above:
The winner will receive 100% of the prize pool.
1st place will win 50%, 2nd place will win 30% and 3rd place will win 20%.
NO PURCHASE NECESSARY - FREE ENTRY ALTERNATIVE FOR CANADIAN RESIDENCES:
To obtain Tournament entry without purchasing Credits, submit a blog entry to email@example.com on:
why you enjoy participating in MMA Victor Tournaments and/or on your favourite elements of the Tournament and/or the Website, provided that such blog is not only about your enthusiasm for MMA, in general, and is not in any way related to gambling, betting, wagering or the facilitation thereof; or
marketing ideas and suggestions for the Website and the MMA Victor brand, provided that such marketing ideas and suggestions are not already a part of MMA Victor's then-current marketing plan as evidenced by the Website and the promotional materials for MMA Victor that a User could reasonably be expected to have seen.
Blog entries must be a minimum of 750 words. Blog entries must be original content and the same blog cannot be submitted more than once. All such blog entries shall remain the sole possession of MMA Victor. Each such blog entry must include the User's full name, mailing address, date of birth, daytime telephone number and email address. Upon MMA Victor's receipt, review and approval of a User's blog entry, MMA Victor will apply 20 Credits to the User's Account for use in Tournament participation. Blog entries may take up to 10 business days to be received and processed by MMA Victor. MMA Victor is not responsible for delays in e-mail delivery or for lost, undeliverable, misaddressed or misdirected e-mails.
Without limitation, the employees or agents of MMA Victor, and its advertising and promotion agencies (the "Parties") will not be liable for any failure of the Website during any Tournament; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Parties will not be liable for any injury or damage to a User's or any other person's computer related to or resulting from participating or downloading any material in any Tournament.
In the event of a dispute regarding who submitted an entry, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the person who is assigned an email address by an internet provider, online service provider or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A selected User may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The sole determinant of the time for the purposes of a valid on line entry in any Tournament will be the Tournament's server machine(s).
MMA Victor does not warrant that a User's activities or the use of the Website are lawful in any particular jurisdiction and MMA Victor disclaims all such warranties, including any express or implied warranty, including, without limitation, noninfringement, merchantability, title or fitness for a particular purpose.
MMA Victor reserves the right to withdraw or amend any Tournament in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of MMA Victor that interferes with the proper conduct of a Tournament as contemplated by these Terms and Conditions. Any attempt to deliberately damage any website or to undermine the legitimate operation of a Tournament is a violation of criminal and civil laws and should such an attempt be made, MMA Victor reserves the right to seek remedies and damages to the fullest extent permitted by law.
MMA Victor reserves the right to cancel or suspend any Tournament, or to amend these Terms and Conditions without prior notice or obligation, in the event of any accident, printing, administrative or other error of any kind. In the event of a dispute with respect to which User won a Tournament, MMA Victor reserves the right to declare the winner as it sees fit, in its sole discretion.
MMA Victor reserves the right, in its sole discretion, to deny access to any Tournament to anyone at any time for any reason, whatsoever. The registration data that the User must supply on the Website in order to access a Tournament may include, without limitation, some or all of the following: (a) the User's full name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) credit card information; (f) at the User's option, his/her PayPal® account information; (g) date of birth; and/or (h) any other information requested on the applicable form (the "Registration Data"). The User agrees to provide true, accurate, current and complete Registration Data and to update his/her Registration Data as necessary in order to maintain it in an up to date and accurate fashion. MMA Victor will verify and approve all registrants in accordance with its standard verification procedures. During registration, the User will be asked to provide a user name and password to use as his/her account log-in identification, where applicable ("Log-In"). If the Log-In that the User requests is not available, the User will be asked to supply another Log-In. If MMA Victor approves the User's application, MMA Victor will set up the User's specific Account. The User is responsible for maintaining the confidentiality of his/her Account, Log-In and for restricting access to his/her computer, and the User agrees to accept responsibility for all activities that occur through use of his/her Account and Log-In.
Each User is allowed one Account. Any User who wishes to open a second Account must receive prior written approval from MMA Victor. Penalties are at the discretion of MMA Victor, but may include closure of any Account(s) and withholding of any prizes that MMA Victor determines to have been fraudulently obtained by the User.
By participating in any Tournament (except where prohibited by law), each User agrees: (i) to hold MMA Victor, its affiliates, subsidiaries and divisions and the respective directors, officers, employees and assigns of each of the foregoing (each, an "Indemnified Party") harmless against any and all claims and liability arising out of the User's participation in the Tournament or otherwise on the Website; and (ii) to waive any and all right(s) to claim any loss or damage of any kind, including, without limitation, punitive, incidental and consequential damages, legal fees or any other damages (other than actual out-of-pocket costs incurred to enter) against any Indemnified Party relating to the Website or any Tournament.
The Website is to be used by each User for his/her private personal use. Please note that the Website is not for use by individuals connecting to the Website from jurisdictions from which it is illegal to do so. MMA Victor is not able to verify the legality of the Website in each jurisdiction and it is the User's responsibility to verify such matter.