Bowlero Elite Series

     

Bowlero Elite Series Event Two Tournament

 

NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

 

This Tournament may only be entered by a person residing in the 50 United States, the District of Columbia or Puerto Rico. Tournaments are governed exclusively by the laws of the United States and the terms below. 
 
TOURNAMENT RULES 


1. General.  Bowlero Corp., its subsidiaries and affiliated companies and properties (collectively, the “Company” or “Sponsor”), is conducting a contest and tournament subject to these general contesting and tournament rules, and by participating, each participant agrees as follows in these rules (“Rules”). The Company is conducting the contest and tournament described herein.  As used herein, “participant” means any individual participating in the Tournament in any way, manner or form.  NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. 
 
2. Location and Time.  The Bowlero Elite Series (“Tournament”) is held at Bowlero North Brunswick, located at 1 Carolier Ln, North Brunswick Township, NJ 08902, on September 8th and 9th, 2019 (or such other location, date and time as determined by Sponsor (together with the owner/operator/manager thereof, “Facility”)
 
3. Tournament Sponsor.  The sponsor of the Tournament is Sponsor with an address at: 222 West 44th Street, New York, NY 10036.   

 

4. Eligibility.  Participation in the Tournament is by invitation only.  Sponsor has the sole and absolute discretion on the participants for the Tournament.  Participation is open only to legal residents of the 50 United States, the District of Columbia and Puerto Rico, who are 18 or older as of date of entry.  Only one (1) participant per household.  Void outside of the 50 United States, the District of Columbia and Puerto Rico, and where prohibited, taxed or restricted by law.  Employees of Sponsors, its subsidiaries, their respective advertising and promotion agencies, and each such entity’s immediate family members and/or those living in the same household of each are not eligible. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law.  All federal, state and local laws and regulations apply.  

 

Eight (8) participants will be selected as the winners of the Sponsor’s Bowlero Elite Series Contest open only to amateurs who have registered on the Sponsor’s registration portal.  Eight (8) participants will be selected by Sponsor as professional bowlers (i.e., card carrying full members of the PBA or PWBA).  By being a participant in the Tournament, a participant hereby agrees to be bound by and agree to the terms of these Rules which will govern the affairs and relationship between the participant and the Sponsor concerning the Tournament.  All participants are responsible for their own out of pocket costs in connection the Tournament, including handling, arranging or obtaining food, lodging, transportation or any other thing, matter or item in connection with this Tournament.   
  
5. Play Rules.  Unless otherwise provided herein, the playing rules (available here) of the U.S. Bowling Congress will govern the Tournament.  In the event of any conflict or inconsistency, the Rules provided herein shall govern.  

  • The Tournament will be divided into Rounds 1, 2,3 and 4 (Championship Round) and all play will occur on the same day at the Facility.
  • Scores of all games will be “scratch” i.e., basic game total.    
  • The Tournament will be conducted in brackets.  One bracket will be for amateur bowling participants bowling head to head in Rounds 1, 2 and 3 until a single amateur bowling participant is determined as the winner (“Amateur Tournament Bracket”).  One bracket will be for professional bowling participants bowling head to head in Rounds 1, 2 and 3 until a single professional bowling participant is determined as the winner (“Professional Tournament Bracket”, together with Amateur Tournament Bracket, a “bracket”).  
  • Participants will bowl one game in Round 1 head to head with another participant in Round 1 in their applicable bracket.  Bowlers will be placed into their bracket by means of random draw conducted prior to the start of practice to determine the order of Round 1.  The winner will advance to Round 2 in their bracket.
  • Participants advancing in Round 2 will bowl one game in Round 2 head to head with another participant who advanced in Round 2 in their applicable bracket.  The winner will advance to Round 3 in their bracket. 
  • Participants advancing in Round 3 will bowl one game in Round 3 head to head with another participant who advanced in Round 3 in their bracket.  The winner will advance to Round 4 (Championship Round). 
  • The remaining amateur bowling participant advancing in Round 4 (Championship Round) will bowl one game in Round 4 head to head with the remaining professional bowling participant who advanced in Round 4.  The winner will be declared the Champion of the Bowlero Elite Series.  
  • The winner in each game is based upon highest score.
  • Scores are maintained by Sponsor in its sole discretion and Sponsor’s score tabulation will be final and binding on all participants.
  • Any ties will be broken with a single ball roll-off.  The participant with the highest pin total in that single roll will be the winner for the game.  If there is another tie, successive single roll-offs will decide the winner of the game based upon the highest pin total in that single roll until the tie is broken.  Participants will bowl their single ball on the lane on which participant bowled their 9th frame in the game.  The participant who was first to bowl in the game will bowl first in the single ball roll-off.        

Other Rules

  • Sponsor in its sole discretion will determine which participant will bowl first in each game. 
  • Sponsor in its sole discretion will determine lane selection for each game. 
  • For each game, the first participant will bowl one (1) frame; thereafter, the second participant will bowl two (2) consecutive frames; thereafter, each participant beginning again with the first participant will alternate and bowl two (2) consecutive frames until the game is complete. 
  • A participant can only bowl for himself/herself – a bowler cannot use the score of another bowler or substitute another bowler in his/her stead.  
  • Participants must attend the official Tournament Practice Session and any or all promotional events (Pro-Am, Celebrity party, etc.) held by Sponsor at a date and time prior to the start of the Tournament play for the day. 
  • Participants may not be provided practice time prior to commencement of any round of Tournament play other than official tournament practice sessions.    
  • 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.
  • Practice lanes will be available during the televised portion of the tournament for participants competing in televised games.
  • Oil patterns will be determined by Sponsor in its sole discretion.  The oil pattern used for the Tournament Practice Session will be the oil pattern used for Tournament play. 
  • Certain games may be televised or recorded.
  • Participants will wear Sponsor branded jerseys and attire provided by Sponsor. No other logos, trademarks, tradedress, names or other symbols or marks may appear on any attire of any participant without the prior written approval of Sponsor determined in its sole discretion. 
  • Ball representatives and coaches will be permitted, provided however that any interaction and communication with participants is subject to reasonable discretion of Sponsor. 
  • During any televised games, participants will have 25 seconds to bowl from the time a participant picks up participant’s ball from the ball return.  If there is a balk (i.e., participant starts an approach but stops due to a distraction) the shot clock will reset.  Participants are allowed one (1) balk per game. 
  • Participants are allowed two (2) uncontested re-racks in each game in Rounds 1 and 2.  Additional re-racks are subject to the sole discretion of Tournament officials.   
  • Participants are allowed one (1) uncontested re-rack in each game in Rounds 3 and 4 (Championship Round).  Additional re-racks are subject to the sole discretion of Tournament officials. 
  • Lanes will be cleaned and conditioned in time, manner and frequency in Sponsor’s sole discretion, provided however, that lanes will be cleaned and conditioned prior to the start of Round 1 and prior to the start of televised games but not in between games.  Lanes will not be cleaned or conditioned prior to start of Round 2, 3 or 4 (Championship Round).
  • Administration, management, supervision, enforcement, interpreting and officiating the Tournament and these Rules will be made by Sponsor in its sole discretion, and all decisions of the Sponsor are final, nonappealable and binding on all participants.      

        
6. Awards.  The list of awards are as follows: 

  • Each amateur bowling participant will be awarded $2,000, and each professional bowling participant will be awarded an amount designated in their professional bowler participation agreement executed between such professional bowler participant and Sponsor.
  • Round 1 Winners will be awarded an additional $2,000.
  • Round 2 Winners will be awarded an additional $4,000. 
  • Round 4 (Championship Round) runner up will be awarded an additional $65,000.  Round 4 (Championship Round) winner (i.e., the ultimate Bowlero Elite Series Tournament winner) will be awarded an additional $100,000. 

Each award will be payable by check made out to the name of the Winner.  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.  Awards will be awarded up to approximately 8 weeks after confirmation of the affidavit is complete. All determinations of the Winners shall be made by Sponsor 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 prize set forth in this Section, a Winner is entitled to no other fee, prize, compensation or any other thing, matter or item whatsoever.  

 

7. Force Majeure and Mechanical Interruptions.  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.     

 

8. Submitted Information. The Company may solicit or request information from participants in connection with the Tournament.  Any information received by the Company or its affiliates or their designees in connection with the Tournament from a participant shall be considered property of the Company.  The Tournament is subject to the Company’s website terms of use (https://www.bowlero.com/terms) and privacy policy (https://www.bowlero.com/privacy-policy) which are incorporated herein by reference and by participating in the Tournament each participant agrees to such terms, provided these Tournament rules will control and govern in the event of any conflict therewith.  Without limiting the foregoing, participant hereby 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 in connection with or related to the Tournament, whether as part of the registration or entry of the Tournament (including the Qualified Image (as defined below)) 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 it is the sole and exclusive creator 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 to any 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 Company and 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, sublicensable, 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 effect 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 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 the Work.  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. 

 

Sponsor is not responsible for lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically corrupted or garbled communication, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  

 

9. Tournament Administration.  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.  

 

10. Notification.  The potential winners will be notified in person by an authorized representative of Sponsor, or by email, phone, UPS courier service or the United States Postal Service or some other communication, and will be required to sign and return, where legal, a notarized Affidavit of Eligibility and Liability/Publicity Release within fourteen (14) days of prize notification. After verification of the Affidavit, the award will be mailed using UPS courier services or United States Postal Service, or emailed as applicable, or by another method of communication chosen by Sponsor.  If any award or award notification is returned as undeliverable, if any winner rejects his/her award or in the event of noncompliance with these Tournament rules and requirements, such award will be forfeited and an alternate winner may be selected from all remaining eligible participants as determined by Sponsor in its sole discretion. Upon award forfeiture, no compensation will be given.  The potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Tournament. A participant is not a winner of any award unless and until participant’s eligibility, and the potential winner has been verified and participant has been notified that verification is complete.

 

11. Taxes. 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.  

 

12. Grant of Rights.  Each participant (including any Winner), 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 and assigns the irrevocable, worldwide, royalty-free, unconditional and perpetual right: (a) to make 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 the Tournament or for any other 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 the Tournament or for any other 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.  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), 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 the Tournament and 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 sublicensable.  The Company has sole discretion to use or not use any such recordings and information sets without notice.  No participant, including any winner, is entitled to any proceeds, compensation, royalties, or other payment resulting from such recordings, information sets or 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 Sponsor may use all or any part of the information sets, and may alter or modify it, regardless of whether or not participant is recognizable.  Participant further agrees that Sponsor may use participant’s information set in connection with any marketing, promotion, publicity, advertisement, and/or merchandising for the Tournament and any derivative works thereof. 

 

Each participant represents and warrants that (i) there are (and will be) no restraints or limitations upon Company’s usage rights granted herein; (ii) there are 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 or its properties.  

 

Participation in Tournament constitutes each participant’s and winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each participant and winner regarding the Tournament or Sponsor for advertising, marketing, promotional and other business purposes without notice or additional compensation.  Each participant hereby irrevocably grants to Sponsor, and those acting with its authority, the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide right and license to use entrant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and Tournament entry, and, without limitation, any notes, photograph, film, or video or audio tape, recordings that may be taken of entrant or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice or permission to entrant 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 Tournament 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), in connection with any Sponsor (or its designee)’s advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials.

 

Participants and Winners agree to release and hold harmless Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Released Parties”), from any and all liability, for 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 the Tournament, or possession, acceptance and/or use or misuse of any prize or participation in any Tournament-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Tournament cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather, acts of terrorism or events beyond reasonable control of Sponsor. Participants who do not comply with these Tournament rules, or attempt to interfere with this Tournament in any way shall be disqualified.  Participants and winners will defend, indemnify and hold harmless Company and its respective parents, subsidiaries, affiliates and related entities, successors, licensees, assignees, directors, officers, shareholders, members, employees, contractors, agents and representatives from any claims, 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 or alleged breach by participant/winner of their representations, warranties, covenants and/or obligations hereunder, and any acts or omissions undertaken by any of them in connection with the Tournament.

 

13. Additional Terms.  Any potential winner may be requested to provide Sponsor with proof that such person is the winner.  Sponsor, 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, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Tournament or downloading any materials in this Tournament. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this 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 beyond its control corrupt or affect the integrity, administration, security, fairness or proper conduct or functioning of the Tournament. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, is in the best interests of the Tournament.  Sponsor may prohibit a participant from participating in the Tournament or winning a prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of 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 participants or Sponsor representatives or otherwise impairs or harms, or threatens to impair or harm, Sponsor’s business and operations. 

 

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE USED IN CONNECTION WITH THE TOURNAMENT OR UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED 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 the Tournament; (2) technical 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 the Tournament; (4) technical or human error which may occur in the administration of the Tournament or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Tournament or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. 
 
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 class action, 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 official 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 of any conflict or inconsistency or ambiguity between these Rules and another document or instrument, the terms of these Rules shall govern and control.  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.
          

14. Use of Data.  Sponsor may be collecting personal data about participants online to the extent a website is used in connection with the Tournament, in accordance with its privacy policy. Please review the Sponsor’s privacy policy as referenced above.  By participating in the Tournament, participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.  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.  Participant may request to sign these terms manually without a fee.

 

15. List of Winners.  To obtain a list of winners, send a self-addressed, stamped envelope within ten days after expiration of the Tournament Period to: Bowlero Corp., 222 West 44th Street, New York, NY  10036 attn:  Bowlero Corp. Tournament – Bowlero Elite Series, Winner Request.

 

16. Confidentiality.  Each participant agrees that any and all information that participant receives or becomes aware of related to the Tournament, including results or outcomes of the Tournament 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 Tournament 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 IN WRITING.   Starting the date participant agrees to these Rules through to three (3) years thereafter, participant will not make any statements or communication about the Tournament 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 Tournament (e.g., appearing on news shows, morning shows, talk shows, specials, reunion show[s] featuring participants in the Tournament, 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).  Except as otherwise required or permitted by Sponsor, participant shall not advertise or promote participation in the Tournament or receive or generate any monetary advantage from participation in the Tournament, nor shall participant authorize any others to do so, on participant’s behalf.  Without in any way limiting the foregoing, participant shall not publicize, prepare or assist in the preparation of any written, audio or visual work that depicts, concerns or relates in any way to participant’s appearance on or participation in or in connection with the Tournament.  

 

17. Recorded Information.  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 make statements 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 such guild).  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 to wages, salary or other compensation under any collective bargaining agreement or otherwise.