TERMS AND CONDITIONS FOR THE FIFA INTERACTIVE WORLD CUP 2016 (“FIWC16”) & SEASONAL CHALLENGES The FIWC16 is an event organised under the auspices of the Fédération Internationale de Football Association (FIFA) (“FIFA”) FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland. These Terms and Conditions govern participation in the FIWC16 including the FIWC Country Showdown/Live Events (if applicable), the FIWC16 Online Tournament, the Seasonal Challenges and the FIWC16 Grand Final. By entering the FIWC16, all applicants and players accept and agree to abide by these Terms and Conditions. Headings are for interpretation only and do not affect the interpretation of these Terms and Conditions. A) Participation in FIWC16 1 Participation in the FIWC16 and FIWC16 Structure The FIWC16 is a video game tournament where competitors (all applicants and competitors in the FIWC16 hereafter “Players”) will play against each other using the EA SPORTSTM FIFA 16 electronic football game (“FIFA 16”) in the FIWC game mode (or with regard to the FIWC16 Grand Final, potentially a different version of the FIFA electronic football game software as specified by FIFA), and a supported platform (being the top 2 latest generation videogame systems as specified by FIFA, both referred to as (“Supported Platforms”)), in a skill-based competition. Players must be natural persons and only one application will be accepted per Player per supported platform. 1.1 Participation Members of the public may participate in the FIWC16 in the following ways (in each case FIFA reserves the right to alter the format and requirements of and for participation in FIWC16): 1.1.1 FIWC COUNTRY SHOWDOWN/LIVE EVENTS FIFA may run a number of live preliminary tournaments (each known as a “FIWC Country Showdown/Live Event”), which may be held at various locations around the world. Only Players holding a passport of, or who are resident in a nation where the FIWC Country Showdown/Live Event is being held will be able to participate in such FIWC Country Showdown/Live Event. FIFA reserves the right to disqualify Players who contravene this requirement. Players may be required to satisfy any qualifying criteria put in place by FIFA before they may participate in any FIWC Country Showdown/Live Event. The winners from any such FIWC Country Showdown/Live Event will qualify for either the FIWC16 Grand Final Supported Platform 1 Division (as defined in clause 1.2.1 below) or the FIWC16 Grand Final Supported Platform 2 Division (as defined in clause 1.2.1 below) as appropriate. FIWC Country Showdown/Live Events will be played on a Supported Platform using FIFA 16 and played in Kick Off mode. FIFA shall inform Players about the details regarding FIWC Country Showdown/Live Event (if any) by way of the official FIWC16 pages on the FIFA website, www.FIFA.com/FIWC, via messaging from Electronic Arts Inc. (“EA”), or via other media. All details and rules for each FIWC Country Showdown/Live Event will also be available on site at those events. These Terms and Conditions shall apply to such FIWC Country Showdown/Live Event, unless specifically stated otherwise. There is a limit of one (1) entry per person per FIWC Country Showdown/Live Event. A winner of a FIWC Country Showdown/Live Event will not be eligible to compete in another FIWC Country Showdown/ Live Event. (This section 1.1.1 is only applicable if FIFA chooses to include FIWC Country Showdown/live Event(s) as part of FIWC16). 1.1.2 FIWC16 ONLINE TOURNAMENT By means of an FIWC16 online tournament played on either of the Supported Platforms’ online gaming services (the “FIWC16 Online Tournament”) as described more fully at www.FIFA.com/FIWC, Players can register “in-game” on FIFA 16 to compete in the FIWC16 Online Tournament. Players must have an EA Account in order to register “in-game” for the FIWC16 Online Tournament. The FIWC16 Online Tournament will have two separate divisions (one for each type of supported platform). Multiple Seasons The FIWC16 Online Tournament is broken into three separate month-long seasons. The FIWC16 Online Tournament is scheduled to begin on 1 October 2015 (FIFA reserves the right to amend this start date in its sole discretion). For the avoidance of doubt, any points earned by Players in any practice season taking place prior to 1 October 2015 shall not contribute to the Players’ position/ranking on the leaderboard relating to the FIWC16 Online Tournament; therefore all Players will begin with a score of zero points at the start of the FIWC16 Online Tournament when it commences. The exact timings and further details of such seasons will be communicated by way of the official FIWC16 pages on the FIFA website, www.FIFA.com/FIWC, via messaging from EA, or via other media. The number of games each Player may compete in during a season is capped at an amount to be determined by FIFA prior to the start of that season. Players can view their total number of playable games in each season by visiting the FIWC Main Menu page “in game” on FIFA 16. The top five Players (with one player coming from each of the following regions/category: (i) North, Central America and Caribbean; (ii) South America; (iii) Europe and (iv) Africa, Asia and Oceania and (v) the fifth player being the second best Player from Europe from each season, per Supported Platform, will qualify for either the FIWC16 Grand Final Supported Platform 1 Division or the FIWC16 Grand Final Supported Platform 2 Division (as appropriate). The result being that 15 Players from the FIWC16 Online Tournaments will qualify for each of the FIWC16 Grand Final Supported Platform 1 Division and the FIWC16 Grand Final Supported Platform 2 Division (as appropriate). FIFA reserves the right to also allow (in addition) lower ranked Players in a given season to qualify to play in the FIWC16 Grand Final Supported Platform 1 Division and the FIWC16 Grand Final Supported Platform 2 Division. 1.2 FIWC16 Grand Final 1.2.1 The format to determine the ultimate winner of the FIWC16 shall be as set out below: There will be two divisions of the FIWC16 Grand Final (as detailed below): one division will include the winners from the FIWC Showdown/Live Events (if applicable) and qualifying Players from each season of the FIWC16 Online Tournament who played on one of the Supported Platforms, and the winner of the FIFA Interactive World Cup 2015 (who shall automatically qualify) (the “FIWC16 Grand Final Supported Platform 1 Division”); and one division will include the winners from the FIWC Showdown/Live Events (if applicable) and the qualifying Players from each season of the FIWC16 Online Tournament who played on the other Supported Platform (the “FIWC16 Grand Final Supported Platform 2 Division”). The Players in the FIWC16 Grand Final Supported Platform 1 Division and the FIWC16 Grand Final Supported Platform 2 Division (together the (“FIWC16 Grand Final Division Tournaments”) will then compete in their respective FIWC16 Grand Final Division Tournaments until there is an overall winner from each FIWC16 Grand Final Division Tournament (i.e. one winner from the FIWC16 Grand Final Supported Platform 1 Division and one winner from the FIWC16 Grand Final Supported Platform 2 Division). The overall winners of the respective FIWC16 Grand Final Division Tournaments will then come together to compete in a playoff, (to determine the ultimate FIWC16 champion). The Supported Platform on which the FIWC16 Grand Final playoff between the winners of the FIWC16 Grand Final Division Tournaments shall be played shall be determined by FIFA in its absolute discretion. The FIWC16 Grand Final will be played in Kick Off mode. The FIWC16 Grand Final Division Tournaments and the playoff between the winners of each such FIWC16 Grand Final Division Tournament shall be played at a single event, which may take place over the course of three days (such timetable to be determined by FIFA in its absolute discretion and shall be communicated to Players in the manner set out in clause 1.2.3 below) (the “FIWC16 Grand Final”). 1.2.2 FIFA reserves the right to nominate, or to allow EA to nominate, a certain number of Players to enter a FIWC Country Showdown/Live Events, or the FIWC16 Grand Final Division Tournaments in addition to applicants who have entered in the manner described above either by way of feeder tournaments or otherwise. 1.2.3 The FIWC16 Grand Final location and date will also be communicated by way of the official FIWC16 pages on the FIFA website, www.FIFA.com/FIWC, via local media, via messaging from EA, or via other media. 1.2.4 The precise format of the FIWC16 Grand Final shall be communicated to the participating Players following completion of the final line-up for the FIWC16 Grand Final. 1.2.5 FIFA reserves the right to provide a substitute in the event that the winner of a FIWC Country Showdown/Live Events or the FIWC16 Online Tournament are unable to take part in the FIWC16 Grand Final. 1.2.6 Any Player reaching the FIWC16 Grand Final who is a Minor (as defined in clause 5.5 below) must be accompanied by at least one adult (parent or legal guardian) 18 years of age or older. 1.2.7 Without prejudice to FIFA’s general right to alter the format of the FIWC16 (including the FIWC16 Grand Final), each Player qualifying for the FIWC16 Grand Final shall be required to select a first and a second national team, which he/she is to use in the FIWC16 Grand Final and must inform FIFA by email (to Yasmin Saruji at the following email address: [email protected]),of their choice by no later than 31 January 2016. The same team cannot be used by both players in a given match. All Players will have to play with their first selected team. In the event of a clash in any given match, the higher seeded player (as determined by FIFA) will have the right to play with his/her selected first team. 1.3 Prizes and Expenses concerning the FIWC16 Grand Final 1.3.1 FIFA shall cover certain travel and accommodation costs of each Player in the FIWC16 Grand Final so that they may attend the FIWC16 Grand Final. Specifically, this shall cover, in respect of each FIWC16 Grand Final participant: (i) Economy class return airfare from the major airport nearest to the residence of the finalist to the FIWC16 Grand Final city (excluding transport between such airport and finalist’s place of residence); (ii) Accommodation in a shared twin room at a hotel of FIFA’s choosing in or near the FIWC16 Grand Final city for a minimum of one (1) night, together with transport between such hotel and the venue of the FIWC16 Grand Final; and (iii) Airport taxes relating to the above flights. For the avoidance of doubt, all costs and expenses not explicitly stated to be borne by FIFA shall be the sole responsibility of the finalist, such costs and expenses, which will not be covered by FIFA shall include (without limitation): insurance, visa charges and taxes, travel to and from any airport (where flights are included in a prize), spending money, meals, any hotel incidentals (where accommodation is included in a prize e.g. phone, laundry, mini bar). The finalists (and where applicable, also on behalf of any person accompanying them) waive any and all claims (if any) for relief (including restitution) against FIFA/EA and their respective bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf should the purpose of such ancillary expenses be or become in whole or in part frustrated for any reason whatsoever (e.g., an event for which a finalist won a trip cannot, for whatever reason, be carried out as scheduled or if finalists are prohibited from attending a specific event/football match, for whatever reason). Insurance is the finalist’s own responsibility (with regard to both themselves and any person accompanying them (if applicable)), in this regard participants in the FIWC16 who travel as part of the competition must ensure that they (and where applicable the person accompanying them) have appropriate travel insurance cover for the duration of their trip. 1.3.2 FIFA reserves the right to hold a finalist responsible for the costs of the above in the event that such finalist takes the flight to the FIWC16 Grand Final but, without good reason, fails to attend the FIWC16 Grand Final and/or its award ceremonies; or if such finalist does not hold a valid passport, documents for travel, or visa for travel and does not inform FIFA, within four weeks of the FIWC16 Grand Final taking place, of the same. 1.3.3 Finalists (and any person accompanying a finalist (if applicable)) are responsible for securing their own visas to attend the FIWC16 Grand Final. If a finalist is unable to secure a visa for any reason, they will be disqualified from the FIWC16 Grand Final. 1.3.4 The overall winner of the FIWC16 shall be awarded a trophy and prize money of US$20,000 (twenty thousand United States Dollars). The runner-up of the FIWC16 shall be awarded a trophy and prize money of US$5,000 (five thousand United States Dollars). 1.3.5 All prizes are non-transferable or exchangeable and no cash alternatives will be offered. FIFA reserves the right to withdraw any prize at any time at its sole discretion. 1.3.6 Where a Player in the FIWC16 Grand Final is a Minor (as defined in clause 5.5 below), FIFA may at its absolute discretion (but without any obligation to do so) cover those travel and accommodation costs listed under 1.3.1 (i- iii) above for the legal guardian of such Minor, so that such legal guardian may also attend the FIWC16 Grand Final. 1.4 General Provisions 1.4.1 FIFA will contact all Players who qualify for the FIWC16 Grand Final (i.e. the Players qualifying from the FIWC16 Online Tournament and the FIWC Country Showdown/Live Events and such other Players qualifying in accordance with section 1.2.2 above) via email to inform them of their qualification for the FIWC16 Grand Final. Such Players will be given seven (7) days from the date the email is sent by FIFA to respond. In the event that the relevant Player fails to respond appropriately within such seven day period, FIFA shall be entitled to select an alternative Player to participate in the FIWC16 Grand Final. 2 FIWC16 GAME RULES All rules are subject to change, and changes may be posted without notice. The format of the FIWC16 may also be changed without notice. It is each Player's responsibility to know and understand the rules as they exist the day of the tournament/play. 2.1 FIWC16 Live Events (FIWC Country Showdown/Live Events and FIWC Grand Final) Rules 2.1.1 Game-play Settings • Difficulty Level: World Class • Half Length: 5 minutes, 6 minutes for quarter-finals, semi-finals and finals • Injuries: On • Offsides: On • Time of Day: 08:00 PM • Season: Spring • Weather: Clear • Commentary Volume: 0 • Time/Score display: On • Camera: Tele Broadcast • Radar: 2D or 3D • Home Auto Switching: User Settings • Away Auto Switching: User Settings • Volume Settings: Default • Extra Time: extra time of two one (1) minute halves will be played in the event of a draw after regulation time. Penalties will decide the winner if after extra time the scores are level. • Custom formations are not permitted. Custom tactics and set pieces are available, however EA can decide to turn them off at any point in its absolute discretion. 2.1.2 General Rules • All games played for the FIWC Country Showdown/Live Events and the Grand Final are played on the FIFA 16 for Supported Platforms in Kick Off mode. • The Player named first always has to stand/sit on the left side facing the screen. • The Player named first has to play with Home Team. • Unless express permission has been given by FIFA, no coaching is allowed (for example, people in the audience may not advise a Player while playing). • No memory cards or saved games are permitted. • Unless express permission has been given by FIFA, players are prohibited from wearing headsets and may not listen to any music during play. • Controllers for each respective Supported Platform are supplied by FIFA. It is the responsibility of all Players to be familiar with the controller’s functions and mode of operation. If a controller is defective, a Player can pause the game and notify the referee. The referee will determine the controller status in making such a decision. If a Player plays with a defective controller, all results are nevertheless valid. • All Players are required to play with national teams. The same team cannot be used by both Players in a given match. • Unnecessary pauses or delays are prohibited. • Any action designed to disrupt the opposing Player's view of the field or ability to select controlled players is prohibited. • Each game will begin play at its designated time, and as designated on site at the tournament. • Players not present at the designated start time for any match will be disqualified, and their opponent shall be granted a 3-0 score. Players are encouraged to be in the designated play area 15 minutes prior to game time. • Players will be shown their designated station, shall set up the game and immediately begin play. Each Player will have 2 minutes to configure controls, line-ups and settings in accordance with the rules described above under “Game-play settings”. Custom packages cannot be used, nor can anything else that is not available in the in-game pause menu. • Players shall be responsible for keeping track of game situation so if a game is interrupted, the situation can be restored. In all situations possible, tournament referees will monitor the game situation so that it may be restored in the event of game interruptions. • Players shall raise their hands at the end of the game so a referee can record their score. Only scores reported to the referee are official. • No game interruptions, except for designated pauses to report scores (if any), will be allowed. Game Interruptions: • If a game is interrupted intentionally by any Player (as determined by FIFA), that Player will immediately be disqualified. • If a game interruption is caused by outside circumstances such as a machine error or loss of power, the game shall be continued from the point of interruption. • Notwithstanding the above, a Player can pause the game to change strategy and/or formation in the event that i) a player of his team is sent off ii) a player of his team is injured. Referees: • Referees will be on site to monitor all game play. Referees will begin play, and will record scores for each game. • Referees will be identified by a special ID tag or by any other form as indicated by FIFA. • The decision of a referee is final and binding. Dress Code: • Players must wear attire appropriate to the circumstances and location at which an event is taking place. This includes the award ceremony following the FIWC16 Grand Final, at which the winner must wear the attire specified by FIFA. • Players shall not wear, carry or bear any items of a commercial, religious or political nature, or which in FIFA’s opinion reflect unfavorably upon the FIWC16, FIFA, any FIFA event or EA nor carry out any promotional activity in connection with the FIWC16 unless otherwise approved in writing by FIFA. • FIFA reserves the right to require Players to wear a uniform (as provided by FIFA) at a given FIWC16 live event, and all Players shall upon request wear such uniform at such FIWC16 live event. Drugs and Alcohol: • Use of alcohol or drugs is prohibited on the premises of, or during the attendance of, live events or tournaments, for the duration of the competitive tournament. • Players must not be under the influence of drugs or alcohol while participating. • Smoking is prohibited except in designated areas. • Any player who appears to violate the above terms under this section may be sanctioned. 2.2 FIWC16 Online Tournament Rules 2.2.1 All games in the FIWC16 Online Tournament are played in the FIWC mode for the FIFA 16 on Supported Platforms 2.2.2 Game-play Settings • All games will be played as a Ranked Match • Half Length: 5 minutes • Injuries: On • Offsides: On • Bookings: On • Subs on bench: 7 • Stadium: FIWC16 Stadium • Condition: Dusk • Ball: adidas conext • Time/Score display: On • Camera: Tele Broadcast • Volume Settings: Default 2.3 General Provisions relating to Conduct for the FIWC16 (FIWC16 Online Tournament, FIWC Country Showdown/Live Events and FIWC16 Grand Final) • Players must conduct themselves in a reasonable manner, maintaining a friendly and polite demeanor to spectators, members of the press, tournament or league officials, and to other Players. • Players will refrain from using vulgar or offensive language. • Abusive behavior, including harassment and threats is prohibited. • Physical abuse, fighting or any threatening action or threatening language, directed at any Player, spectator, official or any other person is prohibited. • Abuse to game stations, controllers or any tournament equipment is prohibited. • Any action that interferes with play of a game, including but not limited to purposely breaking a game station, interfering with power, and abuse of in-game pausing, is prohibited. • Gambling, including betting on the outcome of games, is prohibited. Video taping • Video taping/recording of any images of FIWC16 tournaments, for any purpose including scouting by Players, is prohibited unless permission has been granted by FIFA. 2.4 Availability for Awards, Events and Ceremonies All Players must be available for any posttournament awards ceremonies, interviews, the FIWC16 Grand Final and the FIFA Ballon d’Or and such promotional activities reasonably requested by FIFA (in each case where they are requested to attend). A Player who if having been invited by FIFA fails to attend such ceremonies shall forfeit the right to any award that may be granted, or the benefit that may accompany such award. 3 Commercial Rights in relation to the FIWC16 3.1 All commercial rights (including without limitation any and all marketing and media rights) relating to the FIWC16 tournament belong to FIFA. 3.2 Players shall not associate themselves with the FIWC16 and/or FIFA in any commercial manner, nor use any intellectual property rights of FIFA (including without limitation the FIFA World Cup trophy), nor shall they permit any third parties to do so, without the prior written consent of FIFA. 3.3 Players shall not carry out or facilitate any promotional or marketing activities whatsoever with respect to the FIWC16 including at any FIWC16 tournament venue. 3.4 The recording, dissemination or any other exploitation of images of the FIWC16 tournament is strictly prohibited. 4 Seasonal Challenges Players entering the FIWC16 are automatically entered into the FIWC16 Seasonal Challenge Contest (the "Contest"), which shall be governed by the provisions of Appendix A of these Terms and Conditions. In the event that entry into the FIWC Seasonal Challenge Contest is not lawful in accordance with applicable laws, the provisions of Appendix A shall not be applicable and no entry into the Contest shall be deemed to be made. Players who do not wish to participate in the Contest can at any time send an email entitled “Season Challenge Opt Out” with their relevant contact details (including player name) to [email protected] in order to opt out of the Contest. 5 Legal Provisions 5.1 Violation of any part of these Terms and Conditions will, at FIFA’s election, result in (a) sanction(s) and/or (b) loss of winner status. All Players must follow FIFA’s directions. All decisions and rulings of FIFA are final and binding. FIFA reserves the right to sanction any Player in competition at any level, at any time for any reason. The sanctions are as follows: i) warning; ii) reprimand; iii) fine; iv) return of an award (including prize money); v) caution; vi) disqualification from FIWC16. 5.2 By entering the FIWC16 each Player: . 5.2.1 (to the extent permissible by law) assumes sole liability for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in any tournament or acceptance, possession, or use of any award; and . 5.2.2 consents to the use by FIFA of his or her name, likeness and/or still or moving image on FIFA’s website and in any and all publicity and advertising for FIFA, EA, the FIWC16 or other promotions by FIFA without any further attribution, additional notification or compensation, except where prohibited by law. 5.3 Personal Data 5.3.1 By taking part in FIWC16, Players confirm their consent to (a) EA sharing with FIFA and (b) FIFA processing their personal data as described herein in accordance with its privacy policy www.fifa.com/FIWC. 5.3.2 Players acknowledge and agree that the personal data provided has been lawfully obtained and is correct. Furthermore, the Players confirm that they voluntarily permit and consent to the processing (including but not limited to the use, storage, disclosure and transfer) of the personal data provided to serve the following purposes directly or indirectly: proper organisation and administration of the FIWC16. 5.3.3 Besides EA providing personal data to FIFA for the above-mentioned purpose, Players can agree when registering for FIWC16 to their personal data being further used by FIFA to contact the Player about FIFA’s products, news, promotions and events. 5.3.4 The personal data of Players will be maintained in a database that is owned and controlled by FIFA. Players furthermore acknowledge and agree that such personal data will be transferred or disclosed to employees and representatives of FIFA as well as to third parties working for or on behalf of FIFA for the purposes mentioned herein. 5.3.5 Players can opt out of receiving marketing emails from FIFA or may contact FIFA with questions regarding the use of their personal data by sending an e-mail stating their name, e-mail address, country and player name together with request to opt-out of marketing emails or with their question to [email protected], by visiting www.FIFA.com/FIWC, or by writing to Fédération Internationale de Football Association (FIFA), FIFA-Strasse 20, P.O. Box, 8044 Zurich, Switzerland. 5.3.6 In addition, the Player acknowledges and agrees to FIFA's use of the personal data in accordance with the Swiss Federal Act on Data Protection. Player further acknowledges and agrees to FIFA’s use of the personal data if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms and Conditions, respond to claims that any content violates the rights of third-parties, or protect the rights, property, or personal safety of other users or the public. 5.4 By participating in the FIWC16 each Player acknowledges and agrees that neither FIFA, EA, and their respective affiliates, subsidiaries, parents, representatives, advertising, promotion and publicity agencies are (to fullest extent permissible by applicable law) in any way responsible or liable for any damages, loss or injury including without limitation any such damage, loss or injury which results from: 5.4.1 lost, incomplete, incorrect, damaged, delayed or mis-directed applications to enter FIWC16; 5.4.2 a Player’s participation in the FIWC16 or the acceptance, shipping, handling, loss or use of any award or any portion of any award made in relation to the FIWC16; and/or 5.4.3 technical, hardware or software malfunctions, lost or unavailable network connections or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic or other communications. 5.5. The FIWC16 Online Tournament and the FIWC Country Showdown/Live Events are limited to participants aged 13 or older. In some countries access to the FIWC16 Online Tournament may be limited to participants aged 18 or older. In the event that a Player is under the age of 18 (or the relevant age of consent in the relevant territory) (a “Minor”) his/her parent or legal guardian must accept these Terms and Conditions on his/her behalf. All Players wishing to participate in a FIWC Country Showdown/Live Events or the FIWC Grand Final must provide FIFA with a signed copy of these Terms and Conditions as directed by FIFA (also signed by such person’s parent or legal guardian where the participant is a Minor). 5.6 Employees of Electronic Arts Inc., or FIFA and their respective affiliates, subsidiaries, parents, representatives, advertising, promotion and publicity agencies and the immediate families of each are not eligible to participate in the FIWC16. 5.7 The Players acknowledge that giving and taking bribes can lead to criminal proceedings in accordance with art. 4a of the Swiss Federal Law on Unfair Competition (art. 102 of the Swiss Criminal Code). In this context, FIFA is entitled to solicit information. 5.8 These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Switzerland, the Vienna Convention on the International Sale of Goods being excluded. All disputes in connection with this Agreement, including disputes as to its conclusion, binding effect, amendment and termination, are to be promptly settled between the parties by negotiation. If no solution can be reached, such disputes shall, to the exclusion of any court or other forum, be exclusively resolved by an arbitral tribunal consisting of three (3) arbitrators under the auspices of, and pursuant to, the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution. The seat of the arbitration shall be Zurich, Switzerland and the language of the proceedings shall be English. For the avoidance of any doubt, any determination made by the arbitral tribunal shall be final and binding on the parties. Appendix A FIWC Seasonal Challenges 1. FIFA may operate one or a series of so called “seasonal challenges” in connection with the FIWC16. In the event that FIFA does operate such “seasonal challenge(s)” then the following provisions shall apply. Players entering the FIWC16 will automatically be entered into any such FIWC16 Seasonal Challenge Contest which FIFA chooses to operate (the "Contest"), and by doing so accept that they participate in the Contest in accordance with the provisions of this Appendix A of the Terms and Conditions (the "Provisions"), the Rules of the Contest (the "Rules"), any other materials relating to the Contest published on FIFA's official website (the "Website") including without limitation the list of the prizes, and/or any instructions by Fédération Internationale de Football Association ("FIFA") e.g. via any Contest newsletter. In the event of any conflict of the same, the Provisions shall prevail. The Contest is organised by the Fédération Internationale de Football Association (FIFA), FIFA-Strasse 20, P.O. Box, 8044 Zurich, Switzerland. 2. No purchase is necessary in order to participate in the Contest. Individual challenges will be set under the Contest, and Rules with regard to each challenge will be provided. The Rules governing each individual challenge will be posted at www.FIFA.com/fiwc. For the avoidance of doubt these Provisions apply with regard to any and all such individual challenges for the Contest. The winner of the prize for the relevant challenge will then be drawn at random from all Players who successfully complete each individual challenge (or who provide an alternative method of entry as set out in this section 2 of Appendix A). Alternately, you may enter a given challenge of the Contest (i.e. be included in the draw to choose the winner along with those Players who successfully completed the relevant challenge) by sending a post card with your name, address and e-mail address to: Gallafilz, attn. Miss Yasmin Saruji, Residenzstrasse 27, 80333 Munich, Germany. The entry must be received by the 1st (day) of the month following the end date of relevant challenge. 3. FIFA shall not be taken to make any representations, express or implied, as to the lawfulness of any entrant's participation, or as to any other aspect of the Contest. In the event that entry into the Contest is not lawful in accordance with applicable laws, the provisions of this Appendix A shall not be applicable and no entry into the Contest shall be deemed to be made. 4. In the event a Minor wins a Contest prize, the Minor’s participation in the Contest has to be confirmed and the prize has to be accepted by his/her parent or legal guardian. FIFA has the right in its sole discretion to amend or not to allocate a Contest prize won by a Minor. In the event that a Contest prize which involves travel, attendance at an event and/or overnight accommodation is won by a Minor, he/she must be accompanied for the duration of the trip/ event at all times by a parent/ legal guardian. In this regard where the Contest prize only provides for travel, attendance and/or accommodation for one person, then all expenses for the accompanying parent/ legal guardian shall be the responsibility of such person. 5. Players acknowledge that should they win a Contest prize of a trip to any FIFA event or competition, any and all ticketing/accreditation provisions applicable to such an event shall apply. Players (and their guest where applicable) are solely responsible for fully complying with such provisions and must meet at all times all criteria contained in such provisions or risk forfeiture of the Contest prize. 6. All expenses and costs which are not explicitly included in the prize list for the Contest, which may be required in connection with any Contest prize are the sole responsibility of the relevant winning Player. These expenses may include (without limitation) insurance, visa charges and taxes, travel to and from any airport (where flights are included in a prize), spending money, meals, any hotel incidentals (where accommodation is included in a prize e.g. phone, laundry, mini bar). Where a Contest prize includes flights, these will be economy class and shall be from the winner’s nearest international airport to the nearest international airport for the relevant event. The winners (and where applicable also on behalf of any guest) waive any and all claims (if any) for relief (including restitution) against FIFA, its bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf should the purpose of such ancillary expenses be or become in whole or in part frustrated for any reason whatsoever (e.g., where a Contest prize trip cannot, for whatever reason, be carried out as scheduled, or where winners are prohibited from attending a specific event/football match, for whatever reason). The winner is responsible for arranging all necessary travel visas for himself (and where applicable his/her guest). Insurance is the winner’s own responsibility (with regard to both themselves and any guest), in this regard where a Contest prize involves travel, winners must ensure that they (and where applicable their guest) have appropriate travel insurance cover for the duration of their trip. FIFA reserves the right to require the winner of any such Contest prize and their guest to sign an additional waiver to these Provisions prior to awarding any prize. 7. All winners of the Contest will be notified by e-mail. In the event that FIFA is not able to contact the winner by email (i.e. the winner does not respond to the email within seven (7) days of FIFA sending the relevant email to the winner), FIFA shall be entitled to select an alternative Player. Please refer to the Rules of the Contest for further information on winners’ criteria. No interest will be paid on any prize. Prizes may not be transferred without the prior written consent of FIFA. Players cannot request a cash alternative or substitution of the prize. FIFA, at its sole discretion, reserves the right to substitute a prize of greater or equal value in particular if any prize cannot be awarded as described due to unavailability. 8. Any prizes pictured in Contest materials are for illustration purposes only. Actual prizes may vary from any pictured prize. FIFA reserves the right to make, at its sole discretion, changes to the list of prizes. 9. By participating in the Contest you agree that FIFA and EA, and their respective bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf have (to the fullest extent permissible by law) no liability whatsoever for any injuries, deaths, losses, or damages of any kind resulting from participation in this Contest or from acceptance, possession, or use of any prize. Players acknowledge and agree that FIFA and EA, unless explicitly agreed otherwise, do not make, nor are in any manner responsible for any warranty, representations, guarantees, expressed or implied, in fact or in law, relative to the quality, conditions, fitness, or merchantability of any aspects of the prizes. By participating in the Contest, each Player, to the fullest extent permitted by law, waives any and all claims and their right to present any legal claim or lawsuit against FIFA and EA and to the fullest extent permissible by law, unconditionally indemnifies and holds harmless FIFA and EA from any liability arising out of or in relation to any and all losses and/or damages of any kind to the Players or prize winners themselves or any other person or property which (directly or indirectly) result from or are in any way connected to (i) the participation of the Players in the Contest, (ii) the participation of the winners in an event in connection with the Contest resulting from the prize, (iii) any incidents occurring during or in connection with such a prize-related event, and (iv) any act or omission of any agent or auxiliary person of the Players/winners, regardless of how any injury or death, loss or damage may have occurred, through negligence or otherwise. For the purposes of the above waiver, release of liability and indemnification, the terms “FIFA” and “EA” include FIFA and EA, and their respective bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf. 10. Application in the Contest constitutes permission for FIFA and any third party authorised by FIFA to use the names and image of Player at its sole discretion including for publicity purposes. By participating in the Contest, each Player explicitly agrees to the use of his/her name and image, if this is required by FIFA. Upon request, a Player shall submit to FIFA a photo for publication and/or publicity purposes. 11. Any and all rights in relation to the Contest are the sole and exclusive property of FIFA. No information or data may be reproduced in any format or used in any way without the prior written consent of FIFA. FIFA shall be entitled to withhold consent at its sole discretion. 12. FIFA reserves the right to introduce new facilities to enhance the Contest. Details of such introductions will be published on the Contest website and will amend or vary these Provisions and take effect from the date upon which such details are published on the Website. 13. With regard to the Contest, FIFA may, at its sole discretion, suspend a participant, disqualify any application or vary, amend or waive the Rules and/or the Provisions at any time or cancel the Contest at any time in the event of circumstances arising beyond FIFA's control or which make it desirable to do so. The Players agree that no liability shall attach to FIFA as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any Player or other person. 14. In connection with the Contest, FIFA is not responsible for any problems or technical malfunction of any 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 without limitation any injury or damage to a Player's or any other person's computer or mobile device related to or resulting from participation or downloading any materials in relation to the Contest. By participating in the Contest, you agree that no claim relating to any such (or any other) loss, damage or injury (including without limitation special, indirect or consequential losses) shall be asserted against FIFA, its parent companies, sponsors, affiliates, directors, officers, employees or agents. 15. FIFA’s decision in connection with any aspect of the Contest shall be final and binding and enforceable. 16. Winners for the Contest will be selected in accordance with the method stipulated in the Rules from Players, which comply with these Provisions. 17. FIFA reserves the right to take any decision in relation to any matter whatsoever in connection with the Contest. No correspondence shall be entered into with any Player. Each Player warrants to fully comply with and to adhere to any decision taken by FIFA. 18. Participation in the Contest does not create a contractual relationship with FIFA. 19. Any legal dispute between you and FIFA in relation to the Contest and/or the Provisions shall be governed by and interpreted in accordance with the laws of Switzerland. Place of jurisdiction shall be Zurich, Switzerland. FIFA shall also be at liberty to enforce its rights and to take legal action in any competent court of your domicile. 20. These Provisions have been drafted in English and may be translated into other languages (including French, German and Spanish). The Player acknowledges and agrees that he/she has read and understood these Provisions and that he/she is fully aware of the rights and obligations arising therefrom. In the event of any discrepancy between the English and any translated texts, the English text shall be used to resolve any doubts arising in respect of interpretation and/or application. Please indicate your acceptance of these Terms and Conditions for FIWC16 & Seasonal Challenges by signing a copy of these terms & conditions. Agreed and accepted on ......./......./2015/16 Signed: ____________________ Name (printed): ____________________ Email address: ____________________ Date of Birth: ____________________ Where Player is a Minor please also complete below: ____________________ Name of Parent/Legal Guardian (printed): ____________________ Signed: ____________________
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