KONAMI

Terms and Conditions of Participation
(Yu-Gi-Oh! World Championship 2023: MASTER DUEL)

We, Konami Digital Entertainment Co., Ltd., a company duly incorporated under Japanese law, with its headquarters at 1-11-1 Ginza, Chuo-ku, Tokyo 104-0061 Japan (“Konami”, “we”, “us”, or “our”), appreciate your interest in “Yu-Gi-Oh! World Championship 2023: MASTER DUEL”, an event held by Konami (the “Championship”).

Before participating in the Championship, you must thoroughly review these terms and conditions (“Terms”), which apply to all participants of the Championship who resides in any country or territory other than Japan, and agree to comply with these Terms. If you do not agree to these Terms, you may not participate in the Championship.

If you are residing in Japan, please refer to our terms and conditions prepared for Japan residents, as these Terms do not apply to you. If you are a minor or otherwise do not have full legal capacity, you must obtain consent from your parent(s) or legal guardian(s) (the “Legal Guardian”), as required under the laws of your country of residence. You affirm that you are the age of legal majority or older and have the legal capacity to enter into and be bound by these Terms, or if you are not, that (i) you have obtained consent from your Legal Guardian, or (ii) your Legal Guardian acted on your behalf, to agree to these Terms.

1. Definitions.
Unless the context otherwise requires, the following terms shall have the following meanings in these Terms.

  1. (a) “Finals” means “Yu-Gi-Oh! World Championship 2023: Finals”, the finals which will be held after Regional Qualifiers.
  2. (b) “Game” means “Yu-Gi-Oh! MASTER DUEL”, an interactive game that we provide for devices running on iOS and Android, video game consoles (namely, PlayStation 5, PlayStation 4, and Xbox Series X|S, and Xbox One), and PC (Steam).
  3. (c) “Regional Qualifiers” means the qualifiers in which the players to advance to the Finals will be decided.
  4. (d) “Team” means a team of three (3) players that participate in the Finals.

2. Requirements for Participation.

  1. (a) You must own your own Game and be able to use it to participate in the Championship. This requires you to agree to the “Terms of Use (Yu-Gi-Oh! MASTER DUEL)” that applies to your use of the Game (“Game Terms”).
  2. (b) To participate in the Regional Qualifiers, you must:
    1. (i) reach DLv. MAX at the “Yu-Gi-Oh! World Championship 2023 Qualifiers”, the in-Game event held as the qualifiers for the Regional Qualifiers; and
    2. (ii) select the region in which your country or territory of residence locates (“Region”). The Region cannot be changed.
  3. (c) To participate in the Finals, after a player is selected to advance to the Finals for the results in the Regional Qualifiers as a representative for that Region (“Regional Representative”) along with his/her team member (“Team Member”, n.b. participation in the Regional Qualifiers is mandatory), you must meet the following requirements.
    1. (i) You must be a resident of any country or territory to which we officially provide the Game.
    2. (ii) You must be 16 (sixteen) years of age or older as of May 16, 2023.
    3. (iii) You must own “KONAMI ID”, which is available at [https://my.konami.net/], and have your information (including your name, date of birth, address, contact information, and other information as further specified by Konami) registered therein.
    4. (iv) You must be able to make an appearance at the venue of the Finals (scheduled to be held in Japan from August 4, 2023 through August 6, 2023). This includes your possession of the passport by the time you visit Japan.
    5. (v) Your participation in the Finals will not violate or conflict with the laws, custom, tradition, or other rules or standards of the country or territory of your residence (“Territory”).
    6. (vi) There are no difficulties in your participation in the Finals, for example, your only speaking language is the language that the Game does not support.
    7. (vii) You must not participate in the finals of any other division of “Yu-Gi-Oh! World Championship 2023”.
    8. (viii) You, as Regional Representative, must register yourself and your two (2) Team Member.
    9. (ix) You must not be registered in multiple Teams.
    10. (x) You and other two (2) members of your Team must enter into an agreement with us (“Agreement”) which sets forth, including but not limited to, the following.
      1. (A) Your agreement to our public disclosure of your information, including your name.
      2. (B) Your grant of license to photograph and record your portrait and voice in connection with the Championship, and to use such photographed and recorded portrait and voice (including but not limited to, distributing video footages of the Championship).
      3. (C) Your cooperation with our promotional activities related to the Game.
      4. (D) Your obligation to:
        1. (1) appear at the venue of the Finals (tentatively, Japan) by the date separately specified by us, provided that the long-distance travel and accommodations and the fees thereof will be arranged and borne by us;
        2. (2) obtain necessary visa (for example, where the Finals would be held in Japan, visa issued by Japan) at your own expense by the date separately specified by us;
        3. (3) submit, disclose or otherwise provide any necessary documents and information required by the public authorities, medical institutes etc., for us to hold the Finals safely and securely, including any information related to infectious diseases such as COVID-19.
        The details of the foregoing will be further set forth in the Agreement.
  4. (d) In addition to the foregoing Sections 2(a) through 2(c), Konami may impose other requirements to the participants, including you, and/or require you to provide us any documents evidencing that you meet any and all the requirements that we impose on you, including government-issued identification, from to time to time at Konami’s sole discretion. You agree to comply with and/or respond to any such additional requirements.

3. Rules of Conduct.
In addition to other terms and conditions of these Terms, your participation to the Championship is conditioned upon your compliance with rules of conduct set forth in this section.

  1. (a) You agree that you shall not:
    1. (i) Provide us with any false information.
    2. (ii) Publicly disclose any false information on or in relation to the Championship.
    3. (iii) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Konami or any third party, including without limitation intellectual property rights and rights of privacy or publicity.
    4. (iv) Conduct any activities (A) for the purposes of achieving financial gain of any kind in relation to the Championship, or (B) that is against the law and/or public policy.
    5. (v) Conduct any activities that is not in compliance with any terms, conditions, regulations and/or any other rules that we impose in relation to your use of the Game and/or participation in the Championship, including but not limited to, the Game Terms, these Terms, and the “Yu-Gi-Oh! World Championship 2023: MASTER DUEL Championship Terms” which will be separately presented to you (collectively, “Rules”). Such activities include the following.
      1. (A) Assigning or transferring your Game data to any third party.
      2. (B) Sharing the Game account with any third party or letting any third party use your Game account.
      3. (C) Attempting to gain for yourself or any third party any unfair advantage with respect to the use of the Game or participation in the Championship.
      4. (D) Participating in the Championship using multiple Game accounts.
    6. (vi) Provide or receive, or request or promise to provide or receive, financial gain of any kind (including any property with monetary value) in the recruitment of Team Member or in applying to any Team.
    7. (vii) Conduct any other activities that may in any way restrict, inhibit, or interfere with, the operation of the Championship.
  2. (b) You agree that you shall comply with the Rules and follow our instructions at all times.

4. Disqualification.

  1. (a) We may terminate your right to participate in the Championship or otherwise disqualify you in the event that:
    1. (i) you fail to or if we reasonably determine that you may fail to comply with these Terms, including but not limited to, you not meeting with the requirements set forth in Section 2;
    2. (ii) the number of players in the Team becomes less than two (2) in the Finals; or
    3. (iii) Konami reasonably determines that your behavior (including but not limited to, acts, speeches, and comments made not only in the course of your participation in the Championship but also in relation to, or during, the Championship) is inappropriate as the participant in the Championship.
    Unless otherwise approved by Konami, any participant who is disqualified pursuant to this Section 4(a) will be banned from participating in any future event(s) held or co-organized by Konami.
  2. (b) If you belong to a Team, disqualification of one of your member of the Team pursuant to Section 4(a) above, will apply to you.

5. Burden of Expenses.
You acknowledge and agree that, unless otherwise notified by Konami, any costs and expenses necessary for you to participate in the Championship, including but not limited to, costs for electricity and Internet, shall be borne by you.

6. Personal Data.
With respect to your personal information or personal data (as defined in the applicable laws, “Personal Data”), you confirm that:

  1. (a) Konami will process for the Championship excluding the Finals, as explained in the privacy notice or privacy policy (“Privacy Notice”) provided to you in the Game; and
  2. (b) our Privacy Notice explaining the processing of your Personal Data for the Finals will be provided to you upon your participation to the Finals.

7. Disclaimer of Warranties; Limitation of Liability.
To the maximum extent permitted by applicable law, Konami makes no guarantees or warranties of any kind, express or implied, regarding the Championship; your participation to the Championship is at your own risk. and Konami is not responsible for any matters, including but not limited to the following, provided that there is no intentional or grossly negligent act carried out by Konami.

  1. (a) The Championship may be changed, temporarily suspended, or terminated, with or without notice, at Konami’s sole discretion.
  2. (b) You may not be able to participate in the Finals depending on your Territory, due to technical reasons etcetera.
  3. (c) Any disadvantages caused to you (including disqualification) by interruption, errors, defects or any other difficulties in using the software or the server of the Game, any devices, applications, networks or any other tools etc. that you use in relation to the Championship.
  4. (d) Any disputes arising among you and any third party, including but not limited to, other participants of the Championship.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KONAMI NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS, SPONSORS, OR AGENTS, NOR ANY SUBSIDIARIES, AFFILIATED ENTITIES, OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY OF THE FOREGOING ENTITIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATING TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CHAMPIONSHIP, OR ANY OTHER SUBJECT MATTER OF THESE TERMS.

8. Warranty.
You warrant that all information you provide to Konami in relation to your participation in the Championship is true and accurate, and without error or misrepresentation. You will accept without any objection any request that Konami or any third party(ies) appointed by the foregoing may make in order to verify your information, including but not limited to, the request to present your passport or other certificates.

9. Changes to these Terms.
Konami may change these Terms at its discretion at any time upon advance notice (by displaying the revised Terms in the Game or otherwise) to you. You agree to confirm these Terms from time to time. If you do not object to the changes to these Terms immediately after such changes becomes into effect, you will be deemed to have agreed to the revised Terms.

10. Non-Assignment.
These Terms, and any rights granted hereunder, including but not limited to, any right to participate in the Regional Qualifiers and/or the Finals, may not be transferred or assigned by you to any third party.

11. Severability.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.

12. Governing Law.
These Terms are governed by and shall be construed in accordance with the laws of Japan without giving effect to any choice of legal rule that would cause application of laws of any jurisdiction other than Japan.

13. Jurisdiction.
All disputes and controversies arising out of or in connection with these Terms shall be resolved exclusively by Tokyo District Court, and you hereto agree to submit to the jurisdiction of said court and agree that the venue shall lie exclusively with such courts.

14. Language.
These Terms have been prepared in, and shall be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of the Terms, the meaning and interpretation of the Terms prepared in English shall prevail.