Candy Crush All Stars Live Final Terms and Conditions (June 2024)

 

These Candy Crush All Stars Tournament Live Final (“Tournament”) Terms & Conditions, including any updates, amendments or supplements thereto (“All Stars Rules”) codify the rules and standards of conduct that will apply as a condition to participating in the Tournament in Candy Crush Saga (“CCS”). These All Stars Rules apply to all players that enter and/or participate in any round or stage in the Tournament (“Participants”). The Tournament consists of an in-person event in California, USA on 13 June 2024 (the “Event”). Please refer to section 5 for full details of the format of the events.

 

1. INTRODUCTION:

1.1. These All Stars Rules represent a legal agreement between King.com Ltd, a company registered in Malta whose address is Aragon Business Centre, Level 4, Dragonara Road, St Julians STJ3140, Malta, and its Affiliates (defined below) (collectively referred to as “King”, also referred to in these All Stars Rules as ‘we’, ‘us’ and ‘our’) and each Participant and their Guest (also collectively referred to in these All Stars Rules as ‘you’). "Affiliate" means from time to time 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.

1.2. These All Stars Rules establish the general rules of Tournament play and Tournament activities, including rules governing player eligibility, Tournament structure, prize awards, and player conduct.

1.3. Each Participant and their respective Guest (as defined in section 3.2 below) is required to read, understand, and agree to these All Stars Rules before attending and/or participating in the Tournament.

 

2. ACCEPTANCE OF ALL STARS RULES

2.1. Acceptance: Each Participant and Guest must agree to these All Stars Rules to attend and participate in the Tournament. If you do not agree to these All Stars Rules, please: (a) do not engage with the Tournament; and (b) immediately notify the King Staff (as defined in section 3.1.6) who provided you notice of these All Stars Rules.

2.2. Changes to and Enforcement of these All Stars Rules: Accordingly, in its sole discretion, King (a) may update, amend or supplement these All Stars Rules from time to time; and (b) may interpret or apply these All Stars Rules by releasing bulletins, notices, in-game message, community posts, explanatory videos, online postings, e-mail and/or other electronic communications that provide instructions and guidance to Participants. Any material changes to these All Stars Rules will be provided to the Participants prior to the next Round (as defined below in section 5) of the Tournament in which the changed rules will apply. Participation in a Round of the Tournament will constitute acceptance of the changed rules.

2.3. Applicability of these Rules: These All Stars Rules are intended to provide background rules for aspects of the Tournament. These All Stars Rules are in addition to and expressly incorporate King’s Terms of Use. https://www.king.com/termsAndConditions (“Terms of Use”), Privacy Policy https://king.com/privacyPolicy (“Privacy Policy”), and all rules governing the use of CCS and the administration of the Tournament (where applicable).

 

3. PARTICIPANTS

3.1. Eligibility: This tournament is by invitation only. To be able to compete as a Participant in the Tournament the Participant must:

3.1.1. be invited to participate by King, such invitation shall be via email;

3.1.2. be normally resident in the United Kingdom, United States of America, Brazil, Canada, Germany, France, Italy, the Netherlands, Spain, Sweden, Switzerland, Norway, Denmark, Austria, Ireland, Finland, Poland, Romania, Czechia, Greece, or Portugal;

3.1.3. be on or above Level 25 in Candy Crush Saga;

3.1.4. be in good standing with respect to any King account (“Player Account”), with no undisclosed violations of King’s Terms of Use;

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

3.1.6. not be a director, officer, contractor, or employee of King or any Affiliate (collectively, “King Staff”) or a relative of any King Staff, unless King has been notified of and has expressly authorized such relationship in writing;

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

3.1.8. agree to sign and return to King any documentation required by King, within the timelines set by King from time to time;

3.1.9. be ready to present for inspection a current and valid travel document with at least 6 months validity as of 1 June 2024, including but not limited to valid passport, driver’s license, national identity card or any necessary visa or other governmental authorization needed for your participation in the Tournament. Please note that King will not be able to provide any assistance with obtaining an appropriate visa for any Participant or their Guest (as defined in section 3.2 below);

3.1.10. be eligible and able to travel to Los Angeles (California, United States of America) and remain in the country from 12 June to 14 June 2024 (inclusive), including without limitation have all the travel documents or other requirements to do so (as set out in section 3.1.9); and

3.1.11. ensure that your participation in the Tournament is compliant with all applicable laws, and represent and warrant that you will take all steps necessary to ensure such compliance. King does not take responsibility for your compliance with local laws and visa requirements.

3.2. Guests: Participants may bring one guest with them to the Tournament as a spectator (“Guest”). The Guest agrees that they fulfill the requirements set out in following sections as if those obligations applied to the Guest: 3.1.5, 3.1.6, 3.1.7. (in relation to 3.1.7 only, in so far as obligations apply to the Guest), 3.1.8, 3.1.9, 3.1.10, and 3.1.11. The Guest shall adhere to any other reasonable requirement provided by King in writing. The Guest acknowledges that their failure to comply with this section 3.2 or any of their obligations in these All Stars Rules may result in them not being permitted or eligible to attend the Tournament. Should a Guest breach section 3.4 below, King has the right (in its sole discretion) to remove the Guest’s access from the Tournament.

 

3.3. General Eligibility:

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

3.3.1.1. update and amend the eligibility criteria listed in section 3.1 from time to time; and

3.3.1.2. determine the eligibility of any and all Participants and their Guests and pre-vet the Participants based on the criteria listed in section 3.1.

3.3.2. Participants acknowledge that their eligibility status for participation in the Tournament as detailed in section 3.3.1 may change from time to time.

3.3.3. Participants have completed, within any deadline given, the contact form prescribed by King, and have provided accurate details of them and their Guest (such as: first name, last name, phone number, email address, address), answered supplementary questions in relation to the Tournament, and confirmed their eligibility to take part in the Tournament in accordance with the eligibility criteria outlined in section 3.1 for Participants. Guests shall also be required to confirm their eligibility to attend the Tournament as set out in section 3.2.

3.3.4. King (in its sole discretion) may prevent Participants and/or Guests from accessing or progressing with the Tournament if any applicable requirements set out in these All Stars Rules are not met.

3.4. Conduct: King reserves the right to disqualify, remove, or revoke the eligibility and/or the participation of any Participant or Guest whose conduct, behaviour and/or action it deems (in its sole discretion) to be offensive, abusive, toxic, intended to unreasonably undermine or disrupt the Tournament experience, inappropriate, or otherwise against the spirit of fair gameplay. Additionally, King (in its sole discretion) may disqualify, remove, or revoke the eligibility and/or participation of any Participant or Guest that it believes is likely to cause damage to King’s brand, goodwill or reputation, and/or bring disrepute to King.

 

4. TOURNAMENT REQUIREMENTS

4.1. Equipment: Participants must compete on the handset we provide to them and may not use their own handset or any third party software (including without limitation an external device or attachment of any kind that modifies gameplay of the Tournament) without the express consent of King.

4.2. Costs: Participants do not have to pay to enter the Tournament. Participants and any Guests are responsible for any phone or internet charges that they may incur during the Tournament. If you are unsure about these charges, you should contact your phone or internet operator before entering. No in-app purchases are required or necessary to take part in the Tournament.

4.2.1. Travel: King shall provide, without charge to the Participant or their Guest: (i) return economy flights (unless otherwise stated by us) and ground transportation to the Tournament location from the Participant’s closest airport that services an appropriate route (determinable at King’s sole discretion); and (ii) hotel accommodation in Los Angeles for two nights (12 and 13 June), chosen by King. Participant and their Guest (as relevant) must follow King’s written instructions for booking. Unless we notify you otherwise in writing, King shall not cover any costs, taxes, fees, expenses and/or arrangements not expressly specified in these terms. All such costs, taxes, fees, insurance fees, or expenses are the sole responsibility of the Participant or their Guest. The Participant and Guest must be on the same itinerary and must travel at the same time. Participant and Guest acknowledge that the hotel accommodation is based on two adults sharing one standard double or a twin room, and only room shall be provided between the Participant and their Guest. Once the flight timings are confirmed by King or their travel organizer, these flights cannot be changed, unless otherwise agreed by King. No compensation shall be due from King to any party if the Participant or the Guest cannot participate or attend the Tournament for any reason. No compensation shall be due from King if Participant does not choose a Guest to accompany them. Participant and Guest must comply with all requirements, terms, conditions, rules, regulations and requirements of any hotel, airline or third party supplier providing elements of the Tournament. Flights may include stopovers and King is not liable for any loss or damage to baggage. We shall not be responsible in the event the Participant and/or their Guest are refused entry or exit from the travel destination because they do not satisfy the travel destination’s requirements, or for any costs associated with the Participant’s and the Guest’s refused entry or exit to the destination country. We are not responsible for any cancellations, delays, diversions or flight substitution or any act or omissions whatsoever by the airline, accommodation provider, or any other persons or companies providing any of these services and accommodations, although we will take commercially reasonable steps within our control to mitigate issues.

4.2.3. Access requirements: It is the responsibility of the Participant to inform King of any wheelchair or any other access requirements for them or their Guest regarding their participation in the Tournament.

4.3. Cheating: King strives to provide a fun and fair gaming experience for all. King maintains a zero-tolerance policy against cheating. King may review any and all Tournament play to ensure fair play. King reserves the right to exclude any Participant that it reasonably suspects of cheating. For avoidance of doubt, cheating includes (without limitation):

4.3.1. Using or taking advantage of any exploit or vulnerability in CCS which is not expressly authorized by us, or would reasonably be considered to not have been intended by us (in each case, whether accomplished using hardware, software, a combination thereof, or otherwise);

4.3.2. Using automated means or third party software to play CCS or engage in the Tournament, or to otherwise circumvent technological measures designed to control access to, or elements of, CCS and/or the Tournament;

4.3.3. Use of bots; i.e. any code and/or software, not expressly authorized by King, that allows the automated control of CCS or the Tournament (or any part of these);

4.3.4. Hacking; i.e. accessing or modifying the software of CCS or the Tournament in any manner not expressly authorized by King;

4.3.5. Use or engagement with any code and/or software, not expressly authorized by King, that can be used in connection with CCS or the Tournament and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality; and/or

4.3.6. Taking any action or engaging with the Tournament in a manner that would be reasonably considered against the spirit of fair play.

 

5. TOURNAMENT FORMAT, POINTS, STRUCTURE

5.1. The Tournament will compromise of the following rounds (each referred to as a “Round”), and each will be a maximum of up to three minutes in length:

(i) Warm-up Round (“Warm Up”);

(ii) Round 1 (“Round 1”);

(iii) Round 2 (“Round 2”);

(iv) Semi-Final (“Semi-final”);

(v) Play-off (“Play-off”); and

(iv) Final ("Final").

5.2. Points: Participants will be tasked with collecting special All Stars candies in any given Round in the Tournament. Participants do not need to finish a level to secure their score; however, winning a level may confer additional score bonuses until otherwise stated. Participants will be informed of any such gameplay or scoring criteria in advance.

5.3. Stats: Participants’ collected special All Stars candies score will be displayed in a separate Tournament leaderboard of up to 9 other Participants during all of the Rounds (“Leaderboard”).

5.4. Win Conditions: Subject to King’s sole and absolute discretion, the final score on the Leaderboard at the close of each Round will determine which Participants shall pass to the next Round of the Tournament. King reserves the right, acting reasonably, to choose additional or alternative Participants to take part in the next Round of the Tournament, including but not limited to if other Participants are unavailable to participate, if more Participants are needed to take part in any given Round, a Participant does not meet the criteria as outlined in section 3.2.1, or the Participant is found to be in violation of these All Stars Rules.

Warm Up:

5.4.1. Participants are tasked with collecting the special All Stars candy in a predetermined CCS level. One match will be played for this Round. No Participants will be eliminated in this Round and any special All Stars Candy collected in this round will not be counted.

Round 1:

5.4.2. Participants are tasked with collecting the special All Stars candy in a predetermined CCS level. One match will be played for this Round. Participants shall be ranked on the Leaderboard according to the number of special All Stars candies collected. No Participants will be eliminated in this Round.

Round 2:

5.4.3. Participants are tasked with collecting the special All Stars candy in a predetermined CCS level. One match will be played for this Round. Participants shall be ranked in the Leaderboard according to the number of special All Stars candies collected in total from both Round 1 and Round 2. Participants need to reach top four in the Leaderboard to pass to the next Round. Participants that do not reach top four in the Leaderboard will be eliminated from the Tournament and shall receive the Prizes (as set out below) in accordance with their Leaderboard ranking.

Semi-final:

5.4.4. Participants are tasked with collecting the special All Stars candy. Each Participant will be paired up with another Participant as follows: the current first and third place Participants will compete in a match, and the current second and fourth place Participants will compete in a match. The Participant who collects the most special All Stars candy within each pair for this Round (excluding any scores gained from previous Rounds) will proceed to the Final. The other Participants in this Round will proceed to the Play-off (see below).

Play-off:

5.4.5. Two Participants will play a match between them to compete for the third and fourth place ranking of the Tournament. The Participant who collects the most special All Stars candy in the Play-offs (excluding any scores gained from previous Rounds) will be crowned the third place Winner. The other Participant shall be crowned the fourth place Winner.

Final:

5.4.6. Two Participants will play a match between them to compete for the first and second place ranking of the Tournament. The Participant who collects the most special All Stars candy in the Final (excluding any scores gained from previous Rounds) will be crowned the first place Winner. The other Participant shall be crowned the second place Winner.

Tie Breaker:

5.4.13. In the event of tied scores at any Round, the ranking is determined by a tie-breaker match between all the tied Participants. Participants are tasked with collecting the special All Stars candy.

 

6. PRIZE AWARDS

6.1. Distribution of Prizes (“Prizes”): Subject to the Participant’s compliance with these All Stars Rules, a top 10 winner of the Tournament (the “Winner”) shall be awarded one of the following:

6.1.1. First place: 1,000 in-game Gold Bars to use in CCS; $500,000 US Dollars; a Candy Crush All Stars Championship Ring;

6.1.2. Second place: 1,000 in-game Gold Bars to use in CCS; $250,000 US Dollars;

6.1.3. Third place: 1,000 in-game Gold Bars to use in CCS; $100,000 US Dollars;

6.1.4. Fourth place: 1,000 in-game Gold Bars to use in CCS; $50,000 US Dollars;

6.1.5. Fifth place: 1,000 in-game Gold Bars to use in CCS and $25,000 US Dollars;

6.1.6. Sixth place: 1,000 in-game Gold Bars to use in CCS and $25,000 US Dollars;

6.1.7. Seventh place: 1,000 in-game Gold Bars to use in CCS and $15,000 US Dollars;

6.1.8. Eighth place: 1,000 in-game Gold Bars to use in CCS and $15,000 US Dollars;

6.1.9. Ninth place: 1,000 in-game Gold Bars to use in CCS and $10,000 US Dollars; and

6.1.10. Tenth place: 1,000 in-game Gold Bars to use in CCS and $10,000 US Dollars

(referred to as the “Prizes”).

6.2. Requirements to collect the Prizes: Each Winner of the Tournament agrees that:

6.2.1. they have a bank account in the country in which they are normally resident;

6.2.2. only one award of Prizes shall be provided per person;

6.2.3. the Prizes are non-transferable and are not exchangeable for any other prize,

6.2.4. if a Winner is unable to claim the Prize for any reason King is entitled to select another Winner in its sole discretion;

6.2.5. it shall assume all liability for the use of the Prizes;

6.2.6. Prizes do not include any other expenses or costs not specifically mentioned in these All Star Rules or otherwise communicated to Winner by King in writing. You are responsible for any taxes, duties, import or other charges and costs which may be payable in respect of the Prize;

6.2.7. in the case of unavailability of the Prizes, King reserves the right, in its sole discretion, to substitute a prize of equal or greater value;

6.2.8. King will endeavor to send the Prizes as soon as is practicable, however Participants recognize that payments may be delayed for reasons beyond King’s control; and

6.2.9. Winners will be required to sign an affidavit of eligibility and publicity release as a condition of claiming their prize.

6.3. Winners must comply with these All Stars Rules and winning is contingent upon fulfilling all requirements. Winners shall have no right to the Prizes unless the conditions set forth in these and any other applicable rules and Terms of Use are satisfied. Winners will be notified after the end of the Final whether they are eligible for the Prizes. If any Participant leaves or is removed from the Tournament early, King may (in its sole discretion) require the Participant to forfeit any Prize.

 

7. DISCIPLINARY ACTION

7.1. Investigation of and Right to Monitor Compliance: To preserve the integrity of the Tournament, King will have the right to monitor compliance with these All Stars Rules and at their sole discretion investigate possible breaches of these All Stars Rules (which may include, without limitation, reviewing, monitoring, and collecting gameplay data about Participants). Please see our Privacy Policy and the section ‘Playing our Games’ for more information on how we handle your personal information. 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 All Stars Rules.

7.2. Subjection to Penalty: If we reasonably believe a Participant or Guest has violated any aspect of these All Stars Rules may subject a Participant or Guest to discipline, including, but not limited to Tournament Round forfeitures, Prizes 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 All Stars Rules or other issues regarding the Tournament, are final.

 

8. GRANT OF RIGHTS

8.1. By agreeing to these All Stars Rules and participating in the Tournament, each Participant and their respective Guest hereby grants to King and its Affiliates a perpetual, royalty-free, irrevocable, 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 (or the Guest’s, as applicable) name, logos, trade or service marks, copyrighted material, Player Account username, Facebook username, initials, likeness, image, photograph, animation, avatar, autograph, voice, quotes, testimonials, video or film portrayal, public persona, game play data and statistics, and any material from the Tournament or streams of any video game, including video and audio material in which the Participant and/or the Guest participates, and create derivative works of everything mentioned above (collectively, the “Tournament Materials”). These Tournament Materials may be shown 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 (including but not limited to King and/or Affiliate owned and operated channels, promotional emails, social media accounts, any other third-party channels, print and online advertising and content, outdoor and indoor billboards, posters, signs and displays, television, and radio) from time to time. We may use the Tournament Materials in connection with, but not limited to, the following: (a) the promotion or display of any aspect of the Tournament (whether in full or in part and whether on a live or delayed basis and all or any part of such event) and the broadcast, streaming, webcast or other distribution of any audio visual, visual and/or audio coverage of any of the foregoing; (b) the marketing and promotion of the Tournament, King’s Products, King, King’s Affiliates, and King’s Affiliate’s Products; (c) for King’s internal use and internal communications; (d) for display on King’s websites and applications, together with those of its permitted streaming and broadcast partners (together the foregoing, the “Advertising and Commercial Materials”).

8.2. By agreeing to these All Stars Rules, each Participant or Guest (as applicable) 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 All Stars Rules requires King to make use of any of the rights or licenses granted herein.

8.3. Participants and Guests have the right to withdraw their consent to being included in the Tournament Materials 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 Tournament Material relating to that Participant or Guest. However, please note that King cannot always control the use of Tournament Materials which have been already published or disseminated, therefore King reserves the right not to interrupt any uses of the Tournament 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.

 

9. COLLECTION OF PERSONAL DATA

9.1. The data controller for all personally identifiable information or personal data that we collect about you as described in these All Stars Rules in relation to the Tournament is King.com Ltd. King and its Affiliates shall collect, process, use and share your personal information for the purposes of administering the Tournament and these All Stars rules and in accordance with our Privacy Policy. If you do not agree to our Privacy Policy, you should not participate or engage with the Tournament. By accepting these All Stars Rules, each Participant and Guest is deemed to have read and acknowledged the Privacy Policy.

 

10. LIMITATIONS OF LIABILITY AND GENERAL RELEASE

10.1. As a condition of participating in the Tournament and to the greatest extent permitted by the applicable laws and regulations, each Participant and Guest agrees to release and hold harmless King and its Affiliates, and each of their respective officers, directors, employees and other representatives (the “Released Parties”) 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, misdelivery, 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.

10.2. To the greatest extent permitted by applicable laws and regulations, King assumes no responsibility for any problems or technical malfunction of any communications network, 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.

10.3 To the greatest extent permitted by applicable laws and regulations, King shall not be liable to Participants or Guests for any delay or non-performance of its obligations resulting from acts, events omissions or accidents beyond its reasonable control, including without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, pandemic, epidemic, civil compliance with any law or government order, rule, regulation or direction, fire, flood or storm (a “Force Majeure Event”), provided that King shall: (a) notify the affected Participants and Guests of the Force Majeure event as soon as reasonably practicable; and (b) use commercially reasonable endeavours to recommence its affected operations in order for it to perform its obligations.

 

11. MISCELLANEOUS

11.1. Most concerns can be solved quickly by contacting us at queries@support.king.com. Our customer support team can also be reached through our King Community portal (http://community.king.com).

11.2. 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.

11.3. If you are resident in the United States, please see section 12 below.

11.4. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, the provisions of section 13 below will apply.

 

12. For residents of the United States - BINDING ARBITRATION AND CLASS ACTION WAIVER

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.

12.1. The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this section 12 apply to you if you are domiciled in and/or played the CCS or engaged (either attended as a Guest or participated as Participant) in the Tournament in 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.

12.2. The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this section 12 apply to all Disputes between you and King and/or King's Affiliates relating to Tournament. Section 12 also applies to any Dispute (as defined below) between you and any King Affiliates, each of which is an intended third-party beneficiary of section 12.

12.3. 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 section 12. 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 engagement or attempted engagement with the Tournament, all marketing related to the Tournament, and all matters relating to or arising from these All Stars Rules, including any Disputes over the validity or enforceability of these All Stars 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 All Stars Rules. aYou understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

12.4. Initial Dispute Resolution: 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 All Stars Terms and the notice of Dispute (if any) that you or King provided before commencing arbitration.

12.5. 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 Terms. 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 players engaging in the Tournament from within the United States but who are not residents of the United States, arbitration will be initiated in Los Angeles County, California, and you and King 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.

12.6. 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.

12.7. 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 under these All Stars Rules (if any). 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.

12.8. 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 Terms. 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 King agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or King 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.

12.9. 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 in this section 12 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 you first accessing 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.

12.10. The provisions of this section 12 will govern, control, and supersede, any inconsistent provisions of these All Stars Rules.

 

13. JURISDICTION AND APPLICABLE LAW

13.1. Except for section 12, section 13.2 and section 13.3, and unless the law of your country of residence states otherwise, the laws of England and Wales will govern the interpretation of these All Stars Rules and apply to claims for breach of it. If there is a Dispute between us regarding these All Stars 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. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.

13.2. 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 section 12 above, or otherwise determined not to be arbitrable. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to section 12 of these All Stars Rules, as well as any claim or request for relief in a lawsuit filed in court under an exception to the arbitration agreement in section 12, will be barred if filed more than two (2) years after the date that the claim or request for relief accrued. If the law requires a claim or request for relief be filed earlier than two (2) years after the claim or request for relief accrued, that law controls.

13.3. If you are a 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 in section 12 above.

 

14. MISCELLANEOUS

14.1. King.com Ltd is the sole and exclusive promoter of the Tournament and no other third party (including Apple or any other platform) is responsible for the legal operation of the Tournament. The Tournament is not sponsored and/or endorsed by Apple or any other platform unless expressly mentioned in these All Stars Rules.

11.2. If a provision of these All Stars Rules is or becomes illegal, invalid, or unenforceable in any jurisdiction that shall not affect the validity or enforceability in that jurisdiction of any other provision of these All Stars Rules or the validity or enforceability in other jurisdictions of any other provision of these All Stars Rules.

 

These All Stars Rules were last updated on 26 April 2024