Tournament of Champions

These terms and conditions apply to the Tournament of Champions ("TOC") in Canada and the United States, being conducted by Activate Games Inc. in the various authorized locations in Canada and the United States. The TOC qualifying period is from January 1st, 2024 to December 1st, 2024. Players will compete to earn one of five monthly qualifying spaces at each location to compete in the tournament scheduled to take place at that location in February 2025. Activate Games Inc. reserves the right to authorize more players to participate in the TOC and tournament at each location.

Players who qualify for TOC will receive an email inviting them to accept. By accepting this invitation, you agree to the following terms and conditions:

Players must be 18 years of age, or older or provide the written consent of the parent/legal guardian of a Player under the age of 18 years to register for and participate in the TOC.

Players must be a permanent resident of Canada or the United States throughout 2024 and at the time of the tournament.

Players may not be in any way employees, representatives or agents of Activate Games Inc. or its affiliates, subsidiaries, parents, agents or licensees (all collectively referred to as "Activate") or those domiciled with any such employee, representative or agent in 2023 and 2024 or at the time of the tournament.

It is understood that this is a skill-based tournament and that Players earn a total score by playing and beating game levels at each location.

A Player may only participate in one location's tournament for the entirety of 2024 and 2025 and cannot qualify for another location's tournaments. Once a Player declines an invitation at a location, the Player is no longer eligible to qualify at that location for the remainder of that calendar year.

Once a Player declines an invitation at a location the Player's choice is permanent and cannot be rescinded or reversed.

The Player's name and any photos or interviews taken prior to, during and after the TOC, may be used to promote a current and future TOC and/or Activate. Such promotion may be, but is not limited to, Activates' public displays in the participating locations and on their social media.

Players will be automatically disqualified should they try to increase their odds or the odds of another Player when attempting to qualify for the TOC beyond normal game play.

I understand that Activate Games Inc. reserves the right to cancel the TOC and reserves the right to substitute any prize(s).

Activate has no responsibility for any change of e-mail address, mailing address and/or telephone number by Players. All TOC related information becomes the property of Activate Games Inc. and no TOC related information will be returned. Activate has no responsibility for lost TOC related information or for any failure of the Activate app or website, for any problems or technical malfunction of any computer network, telephone network or lines, computer systems, servers, access providers, computer equipment, software, failure of any e-mail or other information to be received by Activate, or any combination thereof. Activate is not responsible if an entrant is unable to access any app or website, computer or other device.

Without limiting the generality of the forgoing, Activate Games Inc. reserves the right in its sole and absolute discretion, to disqualify any Player and all of their prize claims for any reason, and to change or amend these rules and conditions, at any time and from time to time, and the decision of Activate Games Inc. is final and cannot be challenged in any manner by a Player or anyone else.

By participating in the TOC and tournament, each Player (and, if under 18, their parent or legal guardian) agrees (and agrees to confirm in writing if requested) and hereby:

1. releases the Activate from any and all liability, loss or damage that they may incur in connection with their participation in the TOC and tournament and, if applicable, with respect to the awarding, receipt, possession and/or use or misuse of a prize and notifications in respect of prizes (including without limitation erroneous notifications);
2. agrees that, without limiting the generality of the foregoing and for greater certainty, hereby waives all rights to claim punitive, incidental, consequential, or any other damages;
3. agrees that all causes of action arising out of or connected with the TOC and tournament, or any prize awarded, shall be resolved individually, without resort to any form of class action; and
4. agrees that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.