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Legal information

General Conditions for the participation in the MotoGP™ eSport Championship

The company DORNA SPORTS, S.L. (DORNA) a company incorporated under the Laws of Spain with its registered office at Madrid – 28002, c/ Príncipe de Vergara, 183, organize a worldwide MotoGP™ eSport Championship in accordance with the following Conditions and the MotoGP™ eSport Championship “How to play” (RULES).

1. Participants:

All the participants must be properly registered and shall comply with the following:
- Must be natural persons.
- Own or have access to Official MotoGP™18 videogame.
- Own a PlayStation™ Network Account and or Xbox Live Gold Account and or Steam Account.
- Have internet connection

DORNA reserves the right to refuse accepting the application of user names that are considered by DORNA, in its sole discretion to be inappropriate or offensive. Unsuitable names will be deleted and the application will appear under a default name chosen by DORNA, previously communicated by DORNA. Please bear this in mind when you choose the name for your registration at esport.motogp.com. DORNA is not responsible in case of loss (email, password) of the Participants’s account

2. MotoGP™ eSport Championship

The MotoGP™ eSport Championship is the sole eSports Championsihp for the Official MotoGP™ videogame.

3. Phases of the Championship

The Championship will have three phases: Qualification Challenge, Semi-finals and Grand Final.

3.1 Qualification Challenges:

Only the best player from each platform will qualify for the Semi-finals.

These challenges will be available in the game Official MotoGP™18 videogame, on the Playstation 4, Xbox One and Pc via Steam gaming platform, at a specific time during the Term, as chosen by DORNA and can only be accessed during the specified time window.

The challenges will actually be comprised by a “time attack” (MotoGP™) where the times are recorded and ranked.

The track for the challenges, the rider and the bike used by the player, riding options, the set-up of the bike, as well as any other condition that may be relevant, will be decided by DORNA and cannot be changed by the player. In particular, the rewind feature will be disabled for all the gameplay phases of the qualification challenges.

Once a Participant qualifies for a Semi-final in a Challenge through any platform, he/she can still play future challenges at his leisure, but his/her time will not be considered for qualifications, for such Semi-final.

All the finalists will be notified by e-mail by no later than ten working (10) days after the closing date of the challenge in question.

If a challenge is canceled for whatever reason no claims can be made against DORNA.

3.2 Semi- finals

Players qualified from challenges 1-2-3-4 will participate in Semi-final (presencial event) in a place and date determined by DORNA. In total 12 players. Top 1 from each platform in each challenge.

Players qualified from challenges 5-6-7-8 will participate in Semi-final (presencial event) in a place and date determined by DORNA. In total 12 players. Top 1 from each platform in each challenge.

DORNA will book and bear the cost of each Semi-finalists travel and accommodation for their attendance to the Semi-final, which DORNA will decide at its sole discretion.

Top 6 riders (according to the rules) from each semi-final will qualify for the Grand Final. 12 in total

3.3 Grand Final.

The six (6) best gamers (according to the rules) from each semi-final (12 in total) will participate in the Grand Final that will be held in the “Comunitat Valenciana -Ricardo Tormo Circuit” in Valencia, Spain, during the “Gran Premio Motul de la Comunitat Valenciana”, November 2018.

DORNA will book and bear the cost of each finalist travel and accommodation for their attendance to the Final, which DORNA will decide at its sole discretion.

4. PARTICIPANT for this clause 4 shall mean Finalist and Semi-finalist.

THE PARTICIPANT SHALL BE AT LEAST 16 YEARS OLD, when notified by e-mail, the PARTICIPANT shall provide copy of their valid passport as well as a sworn statement that he/she is of age legally in his/her national country and has not been deprived of any right to participate in the Final and or Semi-final.

When the PARTICIPANT is under age, he/she must send DORNA when notified by DORNA, the UNDERAGED LIABILITY WAIVER provided by DORNA, duly signed by his/her Parents or Legal Guardian and must be accompanied by one of his/her parents or Legal Guardian.

DORNA will book and bear the cost of Parents or Legal Guardians (one Parent or Legal Guardian per under age)travel and accommodation for their attendance to the Final and or Semi-final.

The PARTICIPANTS are responsible for securing their own visas or official ID allowing them to enter in the country where the event takes place, and any other document needed to attend the Final and or Semi-final in such country. If a PARTICIPANT is unable to secure a visa for any reason, they will be disqualified from the Final and or Semi-final. The PARTICIPANTshall send to DORNA all the documentation mentioned at DORNA´s request.

The PARTICIPANT acknowledges and agrees that by participating in the Final and or Semi-final, he/she grants in exclusivity to DORNA their image rights arising out of their participation in the Final and or Semi-final (in perpetuity and worldwide) by signing the corresponding document that will be signed by the PARTICIPANT, before their participation in the Final and or Semi-final.

The PARTICIPANT acknowledges and agrees he/she is in good health and he/she is unaware of any physical condition that would at all: affect his/her ability to participate in the Final and or Semi-final; or would otherwise contribute to increase the risk inherent in the activities included in or associated with the Final and or Semi-final.

Dress Code: PARTICIPANT must wear attire appropriate to the circumstances and location at which the Final and or semi-final is taking place. The PARTICIPANT shall not wear, carry or bear any items of a religious or political nature, or which in DORNA’s opinion reflects unfavorably. DORNA reserves the right to require the PARTICIPANTto wear a uniform (as provided by DORNA).

Drugs and Alcohol: Use of alcohol or drugs is prohibited on the premises of, or during the attendance of, the Final and or Semi-final. The PARTICIPANTS must not be under the influence of drugs or alcohol while participating.

Smoking is prohibited except in designated areas.

Any PARTICIPANT who appears to violate the above may be sanctioned or disqualified.

If any PARTICIPANT is already qualified, cannot attend or has been disqualified for the corresponding phase, the second best time on the same platform will substitute such PARTICIPANT.

5. Championship Administrator: DORNA is the operator of the MotoGP™ eSport Championship and can be contacted on esport.motogp.com.

6. Agreement to the RULES and the decisions made by the Championship Administrator.

By participating in the MotoGP™ eSport Championship, the Participants agree to comply with the RULES established in esport.motogp.com as well as the decisions made by the Championship Administrator, whose decisions are final and binding.

Every Participant acknowledges the right of the Championship Administrator, to modify the RULES in the spirit of creating a fair competition at any given time and without prior notice. The application of THE RULES is at the sole discretion of the Championship Administrator. Every Participant is asked to maintain an adequate level of respect and friendliness with the other participants and the Championship Administrator.

Participants must abide to the instructions made by the Championship Administrator at all times. All participants must follow the Championship Administrator´s directions.

Unsportsmanlike and disrespectful behavior towards the Championship Administrator and the other participants will not be tolerated. Incidents will be acknowledged at the sole discretion of the Championship Administrator and the Championship Administrator reserves the right to disqualify any Participant from the competition at any level, any time, and for any reason.

7. PRIZES:

The prizes shall be provided and delivered directly to the winners by third parties. DORNA shall not be responsible for the provision and delivery of the prizes.

Prizes pictured in the MotoGP™ eSport Championship materials (including esport.motogp.com.) are for illustration purposes only. Actual prizes may vary from the pictured prize.

Prizes referred to on the esport.motogp.com will only be attributed, complying with all applicable laws, to Participants with legal residence/domicile in any given territory where the prize can be legally delivered.

Tax regulation of the prizes will be according to the applicable law

In the event a minor wins a prize; the prize has to be accepted by his/her parent or Legal guardian.

8. Personal Data:

According with the provisions of current Regulation, the Participant is informed that for the purpose of this document and their participation in the MotoGP eSport Championship imply the provision of personal information.

Additionally, we inform you that certain functionalities of the Website depend on the use of cookies. Certain information related to the use of Website by the Users may be processed, unless the User have denied the possibility of using such cookies. Users can request more information by reading the 'Cookies Policy'. The Participant acknowledges that has been informed and expressly accepts that, upon the Participant registration, the execution of such services implies the treatment by DORNA of the provided personal data and also implies the processing of the personal data derived from its participation in the MotoGP eSport Championship, the for it’s technical administration, and the correct management of the services available and/or requested by the Participant, as well as, If applicable their invoicing and the prevention of fraud upon their acquisition.

If the Participant decides to validate the account using for that purpose any external platform (such as Facebook or others), DORNA will be informed of the corresponding identification data (including his/hers email when consent will be given).

The necessary personal data for providing the different services available will be the indicated in the corresponding form enabled in respect to that effect. The refusal to provide the personal data necessary for providing such services implies the impossibility of providing the particular service requested.

DORNA on a legitimate interest basis, may use the information regarding the analysis of the Website and the acquisition of products and services by the Participant, for the purpose of personalizing the website contents either for the purpose of sending regular information, even by electronic media, related to conditions and benefits for registered Users, as well as information of products and/or service, offers and promotions (such as offers related to other competitions organized by DORNA, or the Group DORNA, etc.) that may be of Participant ’s interest, taking into account Participant’s browsing preferences and acquisition history. The Participant may manage, any kind of communications that wishes to receive or oppose to the personal data processing for these purposes by communicating to DORNA at any time. Furthermore, when the Participant gives his consent for the abovementioned purpose, DORNA may use the Participant’s profile and contact data to send this type of communications, even after the contractual relationship has ended and in relation to products and services offered by DORNA sponsors or third parties related to motorcycling. Participant can revoke or cancel the consent at any moment.

For the purpose of keeping your personal data updated, Participant shall inform DORNA of any change that may occur with respect to the User’s personal data. DORNA reserves the right to carry out the corresponding controls to verify the authenticity of the personal data provided, as a means of avoiding fraudulent use of the services offered.

As long as the Participant shall not expressly cancel their personal data, it will remain as valid personal data, until such personal data is canceled according to the internal procedures of DORNA, considering that the personal data is no longer appropriate for the stated purpose.

In any case, DORNA reserves the right to keep the Participant’s data in case that it is necessary to comply with the obligations and responsibilities imposed by mandatory applicable laws or regulations, or upon request of the corresponding competent authority according to law. DORNA has adopted technical and organizational measures to guarantee the confidentiality, integrity, availability and permanent resilience of every systems and processing services, as well as avoiding alteration, loss, treatment or unauthorized access to such personal data.

Participant personal data may be communicated to DORNA’s necessary service providers, and even could be the object of an international data transfer to countries located outside the European Economic Area, including countries that do not provide an adequate data protection level, equivalent to European Regulation. In such cases, any legal steps shall be taken in order to guarantee an adequate data protection level. In particular, Participant’s data may be transferred to E.E.U.U. by the Salesforce provider, which transfer has been authorized by the Spanish Data Protection Agency.

Participant is hereby informed that may exercises his/hers rights, free of charge and when deemed appropriate, as established in the current regulations, in relation to: v - Opposition to data processing made in virtue of the legitimate interest of DORNA.
- Revocation or cancellation to the consent granted.
- Access to own personal data.
- Rectification of inaccurate or incomplete data.
- Request of personal data deletion.
- Obtain the limitation of the processing of your data when any of the conditions provided in the data protection regulations is met.
- Request the portability of personal data.

To exercise such rights, the User may address to DORNA’s domicile, at Calle Príncipe de Vergara 183, 28002, Madrid (Spain) or may send e-mail to mail@motogp.com, attaching a photocopy of a document proving his identity.

If you consider that any rights may have been violated, the Participant shall file a complaint with the “National Control Authority” regarding the protection of personal data.

To contact with the right holder of the domain name esport.motogp.com you may send an e-mail to mail@motogp.com, or by post mail to DORNA SPORTS, S.L. with domicile in Spain Principe de Vergara 183, Madrid 28002.

9. Miscellaneous:

The acceptance of these Terms and Conditions constitutes permission for DORNA to use the names or nickname, country and results of Participants at its sole discretion for publicity purposes. DORNA may publish the data mentioned on esport.motogp.com and any other third -party authorized sites included but not limited to (youtube.com, facebook.com, twitter.com, newsletters etc..)

DORNA reserves the right to suspend, interrupt or cancel the MotoGP™ eSport Championship due to any unexpected cause without prior notice.

MotoGP™ eSport Championship is not open to employees of DORNA (and/or any employee of associated companies of DORNA), their relatives, agents or agents’ relatives or any employees of companies involved in the development or support of the esport.motogp.com.

DORNA cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Participant entering the MotoGP™ eSport Championship. DORNA is not responsible for any problems or technical malfunction of any broadband telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to a Participant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in relation to MotoGP™ eSport Championship. By participating in the MotoGP™ eSport Championship, you agree that no claim relating to any such loss or injury (including without limitation special, indirect or consequential losses) shall be asserted against DORNA, its parent companies, sponsors, affiliates, directors, officers, employees or agents.
The present General Conditions, and any other additional conditions published on the esport.motogp.com constitute a full agreement between DORNA and the Participant in relation to the participation on the MotoGP eSport Championship. If it is found by a Court that any of these General Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply. Nothing in these General Conditions and no action taken by the Participant or DORNA under this General Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between the parties beyond the contractual relationship established under these General Conditions .

The Participant is obliged to comply with any additional conditions indicated on the esport.motogp.com, likewise any conditions able to be modified in accordance with a change in law. DORNA will be permitted to modify in whole or in part the present General Conditions at any given moment, at its sole discretion and without prior notice to the Participant. Force Majeure. For the purpose of these General Conditions, “Force Majeure” means any cause beyond the control of one of the parties including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, electricity black-out, network or server failure, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, actions taken by the police, acts or regulations of national or local governments. DORNA will not be liable to the Participant for failure to perform any obligation under these General Conditions to the extent that the failure is caused by Force Majeure DORNA is entitled to assign any right and obligation under these General Conditions provided that the Participant’s rights are not adversely affected. The present General Conditions are governed and subject to Spanish law, without reference to legal norms, and in the case of a dispute the Participant will be submitted to the jurisdiction of the Courts of Madrid, Spain. The Participant acknowledges and agrees that he/she has read and understood these General Conditions and that he/she is fully aware of the rights and obligations arising there from.