General. Bowlero Sports and Entertainment Holdings, LLC, its subsidiaries and affiliated companies and properties, including the PBA (collectively, the “Company”, “Sponsor” or “PBA”), is conducting a contest and tournament named the 2025 PBA LBC National Championships or any other name as successor thereto (“Tournament”) subject to these general contesting and tournament rules, and by participating, each participant agrees as follows in these rules(“Rules”). If participant does not agree to these Rules, then participant cannot participate in the Tournament. The Company is conducting the contest and tournament described herein. As used herein, “participant” means any individual participating in the Tournament or any activity held by, sponsored by, conducted by or arranged by the PBA (collectively, “PBA activity”) in any way, manner or form, including bowlers in the Tournament.
Location and Time. The 2025 PBA LBC National Championships (Singles) (“Tournament”) will be held at Bowlero Mount Prospect, 824 E Rand Rd, Mt Prospect, IL 60056 from May 31, 2025 to July 13, 2025 (or such other facility as Tournament Sponsor may determine as adequate) (together with the owner/operator/manager thereof, “Facility”). Tournament management reserves the right to extended tournament dates and times if entries warrant.
Eligibility. The Tournament is open to both men and women of all ages. A person may enter the Singles event only once. Any entrant who is a minor (Under 18 years of age) is required to have and deliver written authorization from his/her parent or legal guardian with his/her entry form. Any entrant who is a Youth (bowling for SMART funds) will need to fill out a youth waiver form from a Tournament Official. When determining average bowling scores on the entry form (“Entry Average”), all entrants must comply with the following guidelines:
Highest average from any league/center (including Bowlero string pin leagues) from the 2023-24 or summer 2024 season with a minimum of 12 games bowled shall be used. If an average from either season is not available/valid, an average from the current season (as of May 31, 2025) with 12 or more games shall be used. If a valid average still cannot be determined, participant shall bowl scratch. If an entrant has a current average (as of May 31, 2025) of 12 or more games that is 10 pins higher than the prior season's average, the current average must be used.
Each entrant is solely responsible for submitting his/her Entry Average accurately. Failure to submit an accurate Entry Average may disqualify an entrant from participating in the Tournament. Such determination is made at the sole discretion of Tournament officials and is final, binding and non- appealable.
The Entry Average reported by the participant and recorded on any official score sheet or database shall not be changed after the Tournament competition has commenced.
Tournament officials may verify an entrant’s submitted Entry Average. Tournament officials may, at its sole discretion, raise a participant’s Entry Average at any time if supporting documentation indicates otherwise. Such determination is final, binding and non-appealable.
All participants, prior to commencement of the Tournament competition, must submit the following additional information to the Tournament Sponsor:
USBC member # (if the bowler is a USBC member and not a PBA League Bowler Certification member).
if the participant has won $1,000 or more in any event, participant must disclose his/her actual pinfall, position and amount won.
the participant must disclose if he/she has ever bowled with a re- rated average.
The above information, together with other information, including but not limited to, lane conditions, may be used by Tournament officials to re-rate a participant in any bowling category. All re-rating decisions are made by Tournament officials in their sole discretion and such determinations are final, binding and non-appealable.
No Average - Bowlers who do not meet any of the average requirements above will be entered as “scratch,” no handicap.
The PBA Exempt division will be the current PBA exempt players from the PBA National Tour and they will only compete within this division. Scratch scores bowled in this division can be used for Doubles and 4-person Team if selected by another participant. However, Doubles and 4-person Team scores cannot be created from this division therefore the only way exempt pros can get into Doubles or Team is if they are selected by someone else bowling in the tournament.).
Priority Registration ($100) for only PBALBC members and PBA members will be available through 11/30/2024. Participants from the 2023 or 2024 events will be given Priority Registration ($100) through 11/30/24 as well. Non-PBA LBC and non-PBA members will be allowed to register beginning 12/1/2024.
4 Universal Playing Rules. Unless otherwise provided, the universal playing rules (available at www.PBALBC.com) of the PBA LBC will govern the Tournament.
Participants must report at least 30 minutes prior to commencement of competition at the Tournament. Late arriving or “no-show” participants will receive no accommodation for scoring, refunds or otherwise. The final deadline for any/all refunds is May 30, 2025.
Scores will be posted following each squad. Any discrepancies must be brought to the attention of Tournament officials within one (1) day of squad posting.
Limit of six (6) bowling balls per participant. All bowling balls are required to satisfy the specifications of the PBA. All bowling balls may be inspected at any time prior to, during or after competition. Any ball used during the competition must be documented on the participants “Ball RegistrationCard” (provided). The surface of any ball may not be altered once each squad begins.
Tournament officials may terminate or suspend the play of any participant causing unreasonable delays, disorderly conduct, or otherwise violating the code of conduct of the Facility.
Tournament officials have sole and absolute discretion to accept or reject any entry of a participant in the Tournament. All decisions of Tournament officials are final, binding and non-appealable.
Tournament officials, host center staff and PBA LBC National Championships staff are not eligible to participate. This includes, but is not limited to, employees, staff and applicable contracted employees involved with tournament operations and administration. All federal, state and local laws and regulations apply.
Only tournament officials and bowlers who are engaged in competition will be permitted in the settee area. Parents and/or coaches must remain on the concourse area.
Format. The format of the event will be as follows:
Bowlers will compete in six (6) games of Singles competition.
The competition will have four bowlers (4) to a pair of lanes.
Bowlers will get ten (10) minutes of practice prior to the start of competition. Practice will start ten (10) minutes prior to bowler’s squad time.
Bowlers will move one pair of lanes (or more) to the right after each game.
At the conclusion of the tournament, final standings in each Division will be tabulated based on total scratch pinfall of all six (6) games, plus any handicap if applicable.
At the conclusion of the event, finalists will be notified regarding participation in any national Clash Final event as discussed below in “Clash Finals.”
Any ties for Clash finalist or first place in a division shall be broken by overall high game (with handicap if applicable) among their six(6) qualifying scores. If a tie still exists then the next high game shall determine the winner (and so on until the tie is broken).
All other ties for positions other than first place will not be broken. Prize money for the tied positions will be added together and divided among the tied participants.
Bowlers will be allowed to opt-in to the Doubles Event.
Bowler may select any doubles partner that has not yet bowled in the event.
Bowler may opt-in with one or more Doubles partner(s).
Youth Participants may not compete in the Doubles optional event.
The total score of games 1, 2 and 3 from the Singles Event by both bowlers will constitute the six (6) game doubles total for the Doubles Event.
The Doubles Event will have two (2) divisions, Classic (scratch) and Handicap.
Any doubles partner who is in the Men’s or Women’s Handicap division will have handicap added to their scores and be placed in the Handicap division. Any doubles partner who is in an Open Division will bowl scratch. If both partners are bowling scratch, they will be placed in the Classic division.
Bowlers will be allowed to opt-in to the 4-player Team Event.
Bowler may select three (3) additional team members that have not yet bowled in the event.
Bowler may opt-in with one or more 4-person team(s).
Youth Participants may not compete in the 4-player Team optional event.
The total of games 4, 5 and 6 from the Singles Event by all four (4) bowlers will constitute the twelve (12) game total for the 4-player Team Event.
The 4-player Team Event will have two (2) divisions, Classic (scratch) and Handicap.
Any team member who is in the Men’s or Women’s Handicap division will have handicap added to their scores and be placed in the Handicap division. Any team member who is in an Open Division will bowl scratch. If all team members are bowling scratch, they will be placed in the Classic division.
Awards. The list of awards will be set forth at www.PBA.com/LBCTOURNAMENT and assumes approximately 3,000 entrants in the Tournament. The Tournament Sponsor has sole discretion to change the awards based upon the number of entrants actually entered in the Tournament. One (1) award will be given to every 8 participants. Certain awards may have express eligibility requirements. For example, certain awards may only be eligible for senior bowlers. Tournament may also limit eligibility for certain prizes to lower average, sponsor and women bowlers. Bowlers are eligible to win more than one award in Doubles and Team. The awards that may be awarded to the eligible winner(s) are not transferable, redeemable, or exchangeable for any other prize or award. If a winner cannot be contacted or is disqualified for any reason, the Tournament Sponsor reserves the right to determine an alternate winner or not to award that winner’s award, in its sole discretion. Awards will be awarded up to approximately 8 weeks after verification of the scores and averages are complete.
Singles Entry Fee. Each participant is required to deliver to Tournament Sponsor at the time of registration his/her completed entry form, USBC member number and/or a PBALBC member together with payment to the PBA LBC National Championships in the amount of $100.00 through 11/30/2024. The entry fee is allocated as follows: $59.00 (Tournament Award Fund), $18.00 (Bowling Fee) and $23.00 (Tournament Expenses). The fee will increase to $200 per participant on 12/1/2024 with the entry fee being allocated as $136.00 (Tournament Award Fund), $18.00 (Bowling Fee) and $46.00 (TournamentExpenses). Late registration fee will be $250 per participant beginning 5/1/2025 with the entry fee being allocated as $186.00 (Tournament Award Fund), $18.00 (Bowling Fee) and $46.00 (Tournament Expenses). The final deadline for any/all refunds due to withdrawal is May 30, 2025. Additionally, all Entry Fees for youth bowlers entering the Boy’s or Girl’s Jr. Handicap Divisions shall be $100 for the duration of the Registration process. The entry fee for these Divisions shall be allocated as follows: $59.00 (Tournament Award Fund), $18.00 (Bowling Fee) and $23.00 (Tournament Expenses).
Doubles Entry Fee (Optional). Each participant will bowl six (6) games for the Singles portion of the event. Each participant may also choose to opt-in to the Doubles event. If a bowler chooses to bowl doubles with any doubles partner(s), games 1, 2 and 3 will be used for Doubles scores. Participants must opt-in and designate any/all Doubles partner(s) prior to bowling their squad, when payment is submitted. Participants cannot select a Doubles partner that has already bowled. Youth Participants may not compete in Team or Doubles optional events. The additional $50 doubles team entry fee ($25/bowler) is allocated as follows: $30.00 (Tournament Award Fund) and $20 (Tournament Expenses). Any Doubles partner who is in the Men’s or Women’s Handicap division will have handicap added to their scores. Any Doubles partner who is in an Open Division will bowl scratch. The final deadline for any/all refunds due to withdrawal is May 30, 2025.
Team Entry Fee (Optional). Each participant will bowl six (6) games for the Singles portion of the event. Each participant may also choose to opt-in to multiple 4-person team(s). If selected games 4, 5 and 6 will be contributed to the Team total of the event. Participants must opt-in and designate Team members prior to bowling their squad, when payment is submitted. Participants cannot select a Team member that has already bowled. Youth Participants may not compete in Team or Doubles optional events. The additional $100 team entry fee ($25/bowler) is allocated as follows: $60.00 (Tournament Award Fund) and $40(Tournament Expenses). Any Team member who is in the Men’s or Women’s Handicap division will have handicap added to their scores. Any Team member who is in an Open Division will bowl scratch. The final deadline for any/all refunds due to withdrawal is May 30, 2025.
Dress Code. Participants are expected to wear attire suitable for participation in a national championship event. Examples of prohibited attire include, but are not limited to, tank tops, halter tops, bare midriffs, spaghetti strap tops, headphones/earbuds (permitted for medical reasons only), sleeveless shirts or tops and workout attire (athletic shorts, sweats, yoga pants, leggings, etc.). Profanity or inappropriate wording is not allowed. Jeans (no holes) and hats are acceptable. Skirts, dress shorts, culottes or skorts are permitted provided the length is beyond the fingertips when your arms are at rest along your sides. Bowlers will be required to change if attire is deemed inappropriate by Tournament Sponsor’s management. Tournament Sponsor’s management decision will be final. Any bowler requesting a dress code exception for medical, religious or other reason must do so in writing to Tournament Sponsor’s management 30 days prior to the event.
Finals Dress Code. Finalists will be notified of the PBA LBC National Championships Clash Final dress code details at the conclusion of the PBA LBC National Championships. All PBA approved attire will be worn in the PBA LBC National Championships Clash Final. No jeans, shorts, or cargo pants will be allowed in the PBA LBC National Championships Clash Final. The Tournament Directors have the right to disqualify any entrant under this rule at anytime during the PBA LBC National Championships Clash Final. Any bowler requesting a dress code exception for medical, religious or other reason must do so in writing to Tournament Sponsor’s management a minimum of 2 weeks prior to the event.
Division Structure. This is a Singles Tournament with the option to opt-in to multiple 4-person team(s) and/or doubles (2 per Doubles team). Participants must opt-in and designate Team members and/or Doubles partners prior to bowling their squad and when payment is submitted. Participants cannot select a Team member or Doubles partner that has already bowled. Youth Participants may not compete in Team or Doubles optional events. The basic tournament is Classic (scratch) or Handicap (90% of 220, no negative Handicap) with Men’s, Women’s, Senior, Jr and PBA Exempt divisions. Squads are six (6) games each (moving one or more pair of lanes to the right after each game). If opted-in to Team or Doubles events, scores bowled in games 1-3 will count towards the Doubles event and games 4-6 will count towards the 4-person Team event. Participants may cash multiple times with different Doubles partners or Team members in the Doubles or Team event. Participants may choose one Singles category:
Open Classic (both men and women, any age)
Women’s Classic (women only, any age)
Men Handicap (any age)
Women Handicap (any age)
Senior Classic (men and women, 50+)
Boys Jr. Handicap (boys, under 18 as of 5/31/25)(birthdate must be on or after 6/1/07)
Girls Jr. Handicap (girls, under 18 as of 5/31/25)(birthdate must be on or after 6/1/07)
PBA Exempt (the current PBA exempt players from the PBA National Tour)
Prize Money.
Guaranteed First Place pay out in:
Open Classic = $25,000
Women’s Classic = $5,000
Men’s Handicap = $5,000
Women’s Handicap = $5,000
Senior Classic = $5,000 (top 10 Super Senior (60+) non- cashers will also cash)
Boys Jr. Handicap = $2,500
Girls Jr. Handicap = $2,500
PBA Exempt = $5,000
Bowlers who win their Singles Division will be eligible for the Clash Final with an additional prize fund.
Pay ratio 1:8.
Clash Final. At the conclusion of the event the winner in each of the eight (8) divisions (Open Classic, Women’s Classic, Men’s Handicap, Women’s Handicap, Senior Classic, Boys Jr. Handicap, Girls Jr. Handicap and PBA Exempt - 8 total) will be invited to the PBA LBC National Championships Clash Final with an additional prize fund. This event will be conducted at a date, time and location to be announced (this is not guaranteed and subject to change). No ear buds or headphones will be allowed in the finals without permission (permitted for medical purposes only).
Lane Conditioning. Lanes will be conditioned prior to each squad. The lane pattern(s) to be used throughout the duration of the event will be released at least 30 days prior to the start of the tournament.
Other. One-lane courtesy will be observed. Any slow bowling will be enforced by Tournament Sponsor’s management. A re-rack can be requested to the Tournament Director. Tournament participants agree to be shown on live- streaming of the event.
Lost Scores. In the event a game (or portion of a game) is irretrievably lost in the scoring process, the game (or portion thereof) shall be re-bowled at a time and date determined by Tournament Sponsor’s management. Should the time and date of re-bowling be refused by the participant, PBA is liable only for the return of the entry fee paid for the event in which the loss occurred.
Protests. Any protests must be submitted to Tournament officials within 30 minutes of the conclusion of the squad. Protests must be submitted in the format laid out in the Universal Playing Rules of the PBA LBC. Scoring discrepancies are handled separately per Rule 4.b. above.
Other Requirements. The parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Tournament Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. Prior to participation, all bowlers must read and sign the Liability and Waiver form. Tournament Sponsor reserves all rights regarding all rules and operation of the Tournament, and has the authority to make decisions regarding anything not covered by these Rules. Participants hereby fully and unconditionally agree to be bound by these Rules, and the decisions of the Tournament officials and Sponsor will be final, binding and non-appealable in all matters relating to the Tournament. Sponsor may administer, manage, supervise and coordinate the affairs of the Tournament in its sole discretion.
The awards that may be awarded to the eligible winner(s) are not transferable, redeemable, or exchangeable for any other prize or award. If a winner cannot be contacted or is disqualified for any reason, the Sponsor reserves the right to determine an alternate winner or not to award that winner’s award or change an award, in its sole discretion. Subject to Section 21 below, awards will be awarded up to approximately 8 weeks after confirmation of the Affidavit (as defined below) is complete. All determinations of the winners shall be made bySponsor in its sole and absolute discretion based upon the results of Tournament play, and is final and nonappealable. By entering the Tournament, participants fully and unconditionally agree to be bound by these rules (and any terms referenced herein) and the decisions of the Sponsor, which will be final and binding in all matters relating to the Tournament. Except for the prizes expressly set forth herein, a winner is entitled to no other fee, prize, compensation or any other thing, matter or item whatsoever.
The potential winner(s) of any “Top Prize/Award” (as defined below) in the Tournament will be notified by email, phone or other communication, and will be required to sign and return, where legal, a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) within three (3) days of prize notification. If the winner is considered a minor or youth in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian or placed in a scholarship account in the legal name of the minor/youth. If any prize or prize notification is returned as undeliverable, if the potential winner cannot be contacted for any reason, if any winner rejects his/her prize or in the event of noncompliance with these Rules, such prize will be forfeited and an alternate winner may be selected by the Company in its sole and absolute discretion from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The potential winner is subject to verification by the Company, whose decisions are final and binding. A “Top Prize/Award” is considered a prize or award awarded to the winner of any division and any finalist per Section 14 above.
In the event of a force majeure event, an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder, government act, rule or declaration, environmental hazards, flood, hurricanes, tornado, fire, a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), adverse weather condition, earthquake or any other natural disaster, discontinuation or suspension of common carriers, or any other unforeseeable circumstances beyond the control of Sponsor against which it would be unreasonable, impossible, impermissible, or impractical for the Tournament to occur, Sponsor may suspend or terminate Tournament play without penalty or liability. All entry fees are nonrefundable and non-cancellable.
All federal, state and local taxes are the sole responsibility of the winners. Sponsor may require winners to submit documentation to permit it to comply with all applicable state, federal and local tax reporting and all prizes will be net of any taxes Sponsor is required by law to withhold.
Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Tournament or any prize awarded shall be resolved individually, without resort to any form of classaction, and exclusively by a state or federal court located in New York, New York;(2) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Tournament, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Sponsor in connection with the Tournament, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Participant agrees that remedies for any breach of these Rules by Sponsor will be limited to an action for damages and in no event will participant be entitled to rescind or terminate these Rules or to seek any injunctive or other equitable relief of any kind.
UNDER NO CIRCUMSTANCES SHALL SPONSOR, ITS AFFILIATES OR SPONSOR REPRESENTATIVES BE LIABLE TO ANY PARTICIPANT OR WINNER FOR ANY LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, GENERAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS, OR LOSSES ARISING FROM BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR IN CONNECTION WITH THE TOURNAMENT, THE PRIZES OR THE DELIVERY THEREOF. In the event ofany conflict or inconsistency or ambiguity between these Rules and another document or instrument, the terms of these Rules shall govern andcontrol. Sponsor shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any actual or threatened breach by participant of his/her obligations under these Rules (without proof of actual damages or harm, and not subject to any requirement for the securing or posting of any bond in connection therewith) in a court of competent jurisdiction. If and to the extent that any court or tribunal of competent jurisdiction holds any provision of these Rules to be unenforceable in a final non-appealable order, such unenforceable provision shall be stricken and the remainder of these Rules shall not be affected thereby. Abiding by these Rules constitutes a personal obligation of the participant and may not be delegated to, assigned to or assumed by another individual. If any provision or provisions of these Rules are held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. These Rules represent the entire understanding of the parties regarding the Tournament, and supersedes all prior or contemporaneous understandings or negotiations, whether oral or written,implied or express. Any modification to these Rules requires a writing signed by an authorized of the Sponsor. These Rules may be amended, modified or otherwise changed from time to time by Sponsor in its sole and absolute discretion. The posting of such Rules, as amended, modified or otherwise changed, and participant’s continued participation in the Tournament shall constitute participant’s acceptance and agreement to be bound by such Rules, as amended, modified or otherwise changed. The benefits and rights of Sponsor hereunder may be assigned, transferred and/or conveyed in whole or in part at any time without prior notice. The obligations hereunder are personal to participant and may not be assigned by participant and any such assignment shall be null and void ab initio.
For the 8 entrants earning their way into the 2025 PBA LBC National Championships Clash each participant agrees that any and all information that a participant receives or becomes aware of related to the 2025 PBA LBC National Championship Clash, including results or outcome and the names of participants or winners, is confidential. Participant will not disclose such information to any other person or entity for any purpose whatsoever. Participant understands and agrees that all publicity in connection with the PBA LBC National Championships Clash is under the sole control of Sponsor and agrees to the following terms and conditions of confidentiality and publicity: PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE CONFIDENTIAL INFORMATION IS CONFIDENTIAL AND THE EXCLUSIVE PROPERTY OF SPONSOR. PARTICIPANT WILL NOT AT ANY TIME, DIRECTLY OR INDIRECTLY, DIVULGE IN ANY MANNER, OR USE OR PERMIT OTHERS TO USE, ANY OF THE CONFIDENTIAL INFORMATION UNLESS EXPRESSLY PERMITTED BY SPONSOR INWRITING. Starting the date participant agrees to these Rules through to three (3) years thereafter, participant will not make any statements or communication about the PBA LBC National Championships Clash or participation therein without the prior written consent of Sponsor. Participant will use best efforts to be available and will participate as Sponsor may require in connection with promotion, marketing, advertising, publicity, interviews and similar matters in connection with the PBA LBC National Championships Clash (e.g., appearing on news shows, morning shows, talk shows, specials, reunion show[s] featuring participants in the PBA LBC National Championships Clash, participating in promotional spots and materials and photo shoots, appearing in institutional advertising, appearing in commercial and promotional tie-ins in connection with the products or sponsor of the Tournament).
Participant also agrees to any bylaws, policies, procedures, rules, constitutions and standards from time to time adopted by the PBA, which governs the PBA, a PBA activity, or which governs participant’s participation in thisTournament. Participant can obtain a copy of the same upon request. Participant also agree to Company’s website terms of use (https://www.bowlero.com/terms) and privacy policy(https://www.bowlero.com/privacy-policy), provided these Rules will control andgovern in the event of any conflict therewith. By participant making any manual or electronic signature now or later which either incorporates or references these terms, participant hereby agrees and acknowledges that such action constitutes participant’s signature which applies to and evidences participant’s agreement to these terms. Regardless, participant’s continued participation in the Tournament shall constitute his/her agreement to the terms of these Rules.
The Company may solicit or request information from participants. Any information received by the Company or its affiliates or their designees from a participant, whether in person or via any communication or delivery method, shall be considered property of the Company. Participant agrees: (1) that disclosure and posting of any Works by participant is voluntary, gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, that the Company is free to use or not use any Works, and that the Company may disclose the Works on a non-confidential basis to anyone or otherwise use the Works without any additional compensation to participant; and(2) the Company does not waive any rights to use similar or related works previously known to Company, or developed by its employees, or obtained from sources other than participant. As used herein, “Works” means anything and everything submitted, delivered, given, uploaded, transmitted, communicated, or otherwise provided by the participant during the time when such individual is a participant, whether as part of the registration or otherwise, by or through any media, medium or channel, including but not limited to, information, videos, recordings, audio, designs, pictures, drawings, images, graphics, content, schematics, etchings, photographs, visuals, works, works of authorship, blueprints, diagrams, plans, prototypes, charts, creations, developments, ideas, know-how, models, inventions, techniques, systems, architecture, specifications, applications, flow charts, outlines, writings, pictorals, logos, mask-works, innovation, copyrights, patents, methods, trademarks, processes or any other intellectual property rights in any form of expression and proprietary rights therein or other information or property.
Participant represents and warrants that participant is the sole and exclusive creator of the Works and that no third party ownership rights exist to any Works. Participant hereby agrees that all Works once submitted, delivered, given, uploaded, posted, transmitted, communicated, or otherwise shall constitute works made for hire owned exclusively by Company. If, by operation of law, the ownership of Works does not automatically vest in Company, participant will take necessary steps to assign ownership to Company. Prior toany such assignment, participant will hold such rights in the Works in trust for the sole right and benefit of Company and its affiliates. As a precaution against the event that a Work, or any element or component thereof, is by operation of law not considered to be a work made for hire, and to ensure the complete and absolute vesting of all rights, title, interests and intellectual property rights therein and thereto exclusively in Company, participant hereby unconditionally and irrevocably transfers, conveys, assigns, sets over, and quitclaims to Companyand its successors and assigns all rights, title, and interests of every kind and nature, including, without limitation, all intellectual property rights, and every other proprietary right (including all renewal and extension rights with respect thereto) which participant may have or hereafter acquire in the Work, or any improvement thereof, or any element or component of any of the foregoing, whether created by participant, Company, or a third party, without any additional consideration free and clear of any liens or encumbrances. To the extent that moral rights or any other intellectual property right or interest cannot be assigned under applicable law, participant hereby waives, to the maximum extent permitted by law, such rights and interests and consents to any action of Company or Company’s successors, licensees, or assigns that would violate such rights and interests. If such Works are not by operation of law considered property owned by Company, participant hereby is deemed to have given the Company authorization, permission, approval, consent to use, and an nonexclusive, unlimited, unconditional, perpetual, irrevocable, worldwide, royalty- free, fully-paid, sub-licensable, transferable and assignable license to use, reproduce, distribute, display, duplicate, form a derivative work, access, store, copy, rearrange, sell, lease, rent, redistribute, modify, alter, archive, translate, create derivative works, loan, pledge, granting of a security interest, granting of a lien, encumber, convey, download, exchange, exhibit, perform, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, adapt, create a collection with, publish, or disassemble the Work, anywhere in the world, for any purpose, in or related to any and all media or distribution methods (now known or later developed). In such event, participant shall protect and defend, at his/her own cost and expense, its interest in and to the Work from and against all claims, liens and legal processes and shall not assign, sell, encumber, use or transfer his interest therein in a manner which would adversely affect Company’s rights thereto.
All rights granted or agreed to be granted by participant hereunder to Company shall vest in Company automatically and immediately upon participant’s creation and submission, delivery or provision of an entry or registration and/or Work to Company, and shall remain perpetually vested in Company and its successors and assigns. Participant shall, without any additional consideration, take all actions and execute and deliver all documents (and cause its employees, contractors, agents and representatives to do the same) as Company may reasonably request to effectuate the acknowledgment of ownership of theWork. Participant shall not reuse the Work, or any intermediate or partial version thereof, or any derivative work based upon the Work without Company’s express written consent, which consent may be withheld by Company in its sole discretion.
Participant acknowledges and agrees that Sponsor shall have the right to use all information about participant that is either provided to the Sponsor by participant, or is revealed or said by participant or any other person during production and/or recording of the Tournament and participant may perform actions or makestatements that participant or others may consider to be personal, private, or unfavorable, or may have third parties make statements about participant which may cause participant to be viewed unfavorably. Participant understands and agrees that Sponsor shall have the rights to: (a) include any such information and any such appearance, depiction, portrayal, actions and statements and information sets as edited by Sponsor, and in any and all forms of advertisements, promotions and publicity in connection with the Tournament; and(b) broadcast, exhibit and otherwise exploit the Tournament and the advertisements, promotions and publicity containing any such information and any such appearance, depiction, portrayal or actions. Participant understands and acknowledges that participant’s appearance in such recordings as part of the Tournament does not fall under the jurisdiction of any SAG or AFTRA agreements (whether or not participant may be a member of either suchguild). Participant’s appearance and participation in any aspect of the Tournament is not a performance, and participant is not portraying any role or part or taking direction as a performer, but are appearing as himself or herself. Participant’s appearance and participation in the Tournament is as a non-performer only, and is not employment, and does not entitle participant towages, salary or other compensation under any collective bargaining agreement or otherwise.
Each participant, on their behalf and on behalf of their heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, unconditionally and forever hereby grant to Company and its employees, contractors, agents, licensees, successors and assigns the irrevocable, worldwide, royalty-free, unconditional and perpetual right: (a) to make or use audio, photograph, video, fixed works, or other recordings (collectively, “recordings”) of participant’s and winner’s name, address (city and state), image, sounds, likeness, photograph, picture, portrait, voice, biographical information, actions, expressions, and/or any statements made by each participant and winner, including, without limitation, any voice, name, biographical information and likeness owned or controlled by any of them (collectively, “information sets”) in connection with any PBA activity or the Tournament for any purpose, and (b) to edit, make derivative works from, copy, distribute, exploit, broadcast, use and/or transmit such recordings and information sets in all manners, formats and media now known or hereafter devised throughout the universe in perpetuity in such manner and to such extent as Company deems appropriate in connection with any PBA activity, the Tournament or PBA or for any purpose. All rights of every kind in such recordings and information sets in all manners, formats and media now known or hereafter devised (including without limitation all copyrights therein and all renewals, extensions and restorations of said copyrights), shall be solely owned throughout the universe in perpetuity by Company and its successors and assigns. The rights herein granted include, without limitation, all television rights, theatrical rights, home video and DVD rights, interactive cable rights, internet site rights, so-called “wireless” and mobile device rights (e.g., iPod, cellular phone, ringtones, mp3 player), digital distribution rights (e.g.streaming and download), computer-assisted media rights (including, without limitation, CD-ROM, CD-I, and other similar disc systems), merchandising rights, commercialization and exploitation rights, and rights relating to any other devices or methods now existing or hereafter devised, with respect to the use of information sets in and in connection with any PBA activity, the PBA, the Tournament and/or any derivative works thereof. All rights (including ownership and intellectual property rights) to such recordings and information sets are reserved in Company and are assignable, transferable and sub-licensable. The Company has sole discretion to use or not use any such recordings and information sets without notice. No participant, including any winner in any PBA activity or the Tournament, is entitled to any proceeds, compensation, royalties, or other payment resulting from such recordings, information sets or the PBA activity, the Tournament or otherwise in connection with Company or its assignees usage rights hereunder whatsoever. Any such recordings and information sets publicly distributed shall be subject to the Company sole and exclusive discretion. Participant further agrees that Company may use all or any part of the information sets and recordings, and may alter or modify it, regardless of whether or not participant is recognizable. Participant further agrees that Company may use participant’s information set and recordings in connection with any marketing, promotion, publicity, advertisement, and/or merchandising.
Participation in a PBA activity or the Tournament constitutes participant’s permission for Company, its successors, assigns and designees, to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each participant in connection with the PBA activity, the Tournament, or PBA for any purpose without notice or additional compensation. Each participant hereby irrevocably grants to Company, and those acting with its authority, the irrevocable, worldwide, royalty-free, unconditional and perpetual right and license to use entrant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and PBA activity or Tournament entry, and, without limitation, any notes, photograph, film, or video or audio tape, recordings that may be taken of participant or of such materials (the foregoing, collectively, the “Content”) in connection with the PBA activity, the Tournament or PBA for any purpose without further compensation, consideration, or notice or permission to participant or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media).
Each participant represents and warrants that (i) there are (and will be) norestraints or limitations upon Company’s usage rights granted herein; (ii) there are (and will be) no third party agreements or arrangements preventing participant from entering into and carrying out the obligations contemplated under these Rules nor from granting Company the rights and benefits set forth herein;(iii) he/she will not at any time make any false, negative, defamatory or derogatory statements regarding Company, its personnel, agents, representatives, officers, directors, other participants or its properties.
Participant agrees to release and hold harmless Company, its advertising and promotion agencies and their respective parents, subsidiaries, affiliates and related entities, successors, licensees, assignees, directors, owners, managers, officers, shareholders, members, employees, contractors, agents and representatives, and any person or entity activing under, by, through or associated with any of them (“Released Parties”), from any and all claims, liability, loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in any PBA activity or the Tournament, or possession, acceptance and/or use or misuse of any prize or participation in any PBA activity or the Tournament and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Company is not responsible if PBA activity or Tournament cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, pandemics, disease, governmental restriction, weather, acts of terrorism or events beyond reasonable control of Company. Participants who do not comply with these Rules, or attempt to interfere with a PBA activity or Tournament in any way shall have participation in the Tournament or PBA activity revoked withoutnotice. Participant will defend, indemnify and hold harmless any Released Party from any claims, proceedings, disputes, actions, investigations, damages, loss, liability, costs, penalties or expenses of any kind (including reasonable outside attorneys’ fees and costs) arising from or in connection with any breach oralleged breach by participant of its representations, warranties, covenants and/or obligations hereunder, and any acts or omissions undertaken by participant in connection with a PBA activity or the Tournament.
Participant who are winners of any PBA activity or the Tournament agree to: pose for photographs, videos and other recordings reasonably requested by Company, including but not limited to red carpet step and repeat photos, interacting with products, bowling and branded elements as well as photos with other guests and Company executives; be available for and participate in any pre-production or any finals portion of PBA activity or the Tournament, including recording of headshots, interviews and up close & personal feature content; be available for and participate in any interviews, including possible integration of “guest” commentary; not disclose any matters concerning a recorded finals broadcast of any PBA activity or the Tournament until such matters are broadcast; and cooperate in a reasonable manner at the direction and instructionof Company during all aspects of a PBA activity or the Tournament.
Participant shall not endorse, advertise, promote or market any product, service, merchandise, good or thing in connection with any PBA activity, the Tournament or bowling related activity, including making any communication (whether verbal or nonverbal) or placing any visible or audible words, logos, marks, pictures, emblems, symbols, sounds, noises or any other item on or in any clothing, apparel, tool, equipment, supply, or apparatus worn by or used by Participant at any PBA activity, the Tournament or bowling related activity, except with the express prior written authorization of Company.
Company, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit a participant’s ability to communicate, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participant’s participation in the Tournament or PBA activity.
Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend any PBA activity or the Tournament for any reason with or without notice, including if in its sole discretion it determines virus, bugs, non- authorized human intervention, fraud or other causes affect the integrity, administration, security, fairness or proper conduct or functioning of any PBA activity or the PBA. Company reserves the right, at its sole discretion, to rescind or suspend the participant, or may prohibit a participant from participating in a PBA activity, the Tournament or winning a prize if, in its sole discretion, it determines that said member is attempting to undermine the legitimate operation of the PBA activity or the Tournament by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other members or Company representatives or otherwise impairs or harms, or threatens to impair or harm, Company’s business and operations, or otherwise fails to adhere to these Rules or conducting himself/herself in a manner detrimental to the PBA activity, the Tournament or PBA in any manner.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE USED IN CONNECTION WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENTPERMITTED BY LAW.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in any PBA activity or the Tournament; (2) technical, human or mechanical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or PBA activity or the Tournament; (4) technical, mechanical or human error which may occur in the administration of the PBA activity, the Tournament or the processing of entries; or (5) any injury or damage to persons or property which may occur, directly or indirectly, in whole or in part, from participant’s participation in the PBA activity, the Tournament or receipt or use or misuse of any prize. Participant’s participation in a PBA activity or the Tournament as it his/her sole risk. Participation in a PBA activity or the Tournament may involve physical activity and inherent risks of which participant assumes in its entirety. No more than the stated number of prizes will be awarded in any PBA activity or the Tournament. Participant is solely responsible for all of his/her own out of pocket costs or expenses related to any PBA activity or the Tournament.
Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of or connected with these Rules, any PBA activity, the Tournament or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in the Southern District of the State of New York. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF COMPANY ARISING UNDER THESE RULES, A PBA ACTIVITY, THE TOURNAMENT OR A PARTICIPANT’S RELATIONSHIP WITH THE PBA SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO PARTICIPANT’S ENTRY FEE AND UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, FUTURE INCOME OR OPPORTUNITY) AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND FURTHER HEREBY WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISEINCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Company, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Participant agrees that remedies for any breach of these Rules by Company will be limited to an action for damages andin no event will participant be entitled to rescind or terminate these Rules or to seek any injunctive or other equitable relief of any kind.
In the event of any conflict or inconsistency or ambiguity between these Rules and another document or instrument, these Rules shall govern and control. The Company shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any actual or threatened breach by participant of his/her obligations under these Rules (without proof of actual damages or harm, and not subject to any requirement for the securing or posting of any bond in connection therewith) in a court of competent jurisdiction. If and to the extent that any court or tribunal of competent jurisdiction holds any provision of these Rules to be unenforceable in a final non-appealable order, such unenforceable provision shall be stricken and the remainder of these Rules shall not be affected thereby. Abiding by these Rules constitutes a personal obligation of the participant and may not be delegated to, assigned to or assumed by another individual. If any provision or provisions of these Rules are held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. These Rules represent the entire understanding of the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings or negotiations, whether oral or written, implied or express. Any modification or waiver to these Rules requires an express writing signed by an authorized representative of theCompany. Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend these Rules or any PBA activity or the Tournament for any reason with or without notice. Participant will not be entitled to a refund in these circumstances. If the terms of such items were initially available online, Company will use its commercially reasonable efforts to post the Rules or terms of any PBA activity or Tournament, as amended, modified or otherwise changed. Regardless, participant’s continued participation in the Tournament or PBA activity shall constitute participant’s acceptance and agreement to be bound by the Rules or terms of any PBA activity or the Tournament, as amended, modified or otherwise changed. The Company may be assign, transfer, pledge and convey in whole or in part at any time its rights and benefits hereunder without prior notice. The obligations of a participant hereunder are personal to participant and may not be assigned by participant and any such assignment shall be null and void ab initio.
These Rules survive the termination of a participant’s participation in the PBA activity or Tournament. If the duration of, the scope of or any activity covered by these Rules is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. The parties hereby acknowledge that these Rules shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law. If any provision of these Rules, or part thereof, shall be declared invalid, illegal or unenforceable, such provision or part thereof shall be severed and all remaining provisions shall continue in full force and effect. Headings contained herein are inserted for convenience only and are not intended to have any substantive significance in interpreting these Rules. The rights and remedies afforded to Company provided by these Rules are cumulative, and the exercise of any right or remedy by Company (or by its successor), shall not preclude or waive its right to exercise any or all other rights and remedies. Except as expressly set forth herein, nothing contained herein shall be construed or is intended to give any person, other than the Company and you, any legal or equitable rights or remedies in respect of or under these Rules. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise. The language used in these Rules shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against any party.
