CG Games Terms & Conditions
CG GAMES™ COMPETITION
TERMS, CONDITIONS, RELEASE AND WAIVER OF LIABILITY
IMPORTANT LEGAL NOTICE: The following Terms, Conditions, Release and Waiver of Liability (the “Agreement”) contains important legal information. Please read carefully before signing.
Consent: You acknowledge and agree that you (a) are above eighteen (18) years of age; (b) of sound mind; (c) are voluntarily entering into this Agreement with CG Nation, LLC (“CG,” “we,” or “us”) and its affiliate companies, owners, agents, officers, franchisees, contractors, volunteers, employees, and successors (collectively, the “CG Parties”); and (d) give your full informed consent to participate in CG GAMES™ COMPETITION (“CG Games”) on the terms herein.
ASSUMPTION OF RISKS; LIABILITY WAIVER: YOU HEREBY VOLUNTARILY CONSENT TO PARTICIPATE IN CG GAMES AND CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND FULLY ACCEPT ANY AND ALL RISKS AND REQUIREMENTS OF THE TYPES DESCRIBED HEREIN AND INHERENT TO PARTICIPATING IN CG GAMES, WHETHER KNOWN OR UNKNOWN, NOW OR IN THE FUTURE, INCLUDING, WITHOUT LIMITATION:
PHYSICAL HAZARDS: PARTICIPATING IN CG GAMES INVOLVES COMPETING IN CHALLENGING FITNESS PROGRAMS THAT MAY INVOLVE VIGOROUS WORKOUTS, OBSTACLE COURSE-STYLE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES THAT COULD RESULT IN SUNBURN, OVERHEATING, HEAT STROKE, ABNORMAL BLOOD PRESSURE, EXCESSIVE SWEATING, DIZZINESS, RAPID HEARTBEAT, FAINTING, EXHAUSTION, SPRAINS, STRAINS, FRACTURES, ANIMAL BITES, STINGS, CONTACT WITH POISONOUS PLANTS, AND IN RARE INSTANCES POSSIBLE HEART ATTACK, PERMANENT PARALYSIS, STROKE, OR EVEN DEATH. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN CG GAMES AND CANNOT BE ELIMINATED.
CONTAGIOUS DISEASES: PARTICIPATING IN CG GAMES MAY INVOLVE COMPETING IN IN-PERSON AND/OR VIRTUAL EVENTS, AND THEREFORE MAY INCREASE YOUR EXPOSURE TO PATHOGENS AND OTHER CONTAGIOUS DISEASES, INCLUDING, BUT NOT LIMITED TO, COVID-19. CG DISCLAIMS ANY RESPONSIBILITY OR EXPECTATION TO REQUIRE PARTICIPANTS TO PROVIDE PROOF OF VACCINATION OR A NEGATIVE HEALTH SCREENING PRIOR TO PARTICIPATING IN CG GAMES.
PROPERTY DAMAGE: CG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST, OR STOLEN WHILE ON OR AROUND CG’S LOCATIONS OR DURING YOUR PARTICIPATION IN CG GAMES, INCLUDING, WITHOUT LIMITATION, ANY BAGS, APPAREL, VEHICLES, OR THEIR CONTENTS.
YOU HEREBY FOREVER WAIVE ANY AND ALL CLAIMS AGAINST THE CG PARTIES ARISING FROM THEIR NEGLIGENCE (BUT NOT THEIR GROSS NEGLIGENCE OR WILL MISCONDUCT), WHETHER KNOWN OR UNKNOWN, WHETHER IN EXISTENCE NOW OR ARISING IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY OR DAMAGES THAT MAY RESULT FROM YOUR PARTICIPATION IN ANY ASPECT OF CG GAMES.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CG PARTIES FROM LOSSES, LIABILITIES, COSTS, CLAIMS, OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY THE CG PARTIES) ARISING FROM YOUR ATTENDANCE OR PARTICIPATION IN CG GAMES.
Health Certification: You represent and warrant to us that you (1) you have consulted with an independent, licensed medical professional about your ability to participate in CG Games; (2) are in good medical condition; (3) are not aware of any medical problems or medical restrictions that would prevent you from participating in CG Games; (4) have no problems that would increase your risk of illness or injury as a result of participating in CG Games; (5) will possess any necessary medical health insurance, individually or as part of an organization, on the dates of CG Games; and (6) will not participate in a manner that may injure or affect the safety of you or others.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER CG NOR ANY OF THE CG PARTIES HAS ANY LEGAL DUTY TO PROVIDE YOU WITH MEDICAL INSURANCE AND THEREFORE IS NOT RESPONSIBLE FOR ANY MEDICAL COSTS INCURRED BY YOU AS A RESULT OF YOUR ATTENDANCE AT CG GAMES.
Administration of First-Aid: By participating in CG Games, you hereby consent to receiving first-aid and other minor medical treatment and related services, including medical evacuation/transport, in the event you are injured or become ill while participating in CG Games. You authorize CG to disclose certain personal health information about you for the limited purpose of providing you medical treatment during CG Games, and you authorize CG to sign any additional documents that may be requested by such medical providers. You acknowledge and agree that you are solely responsible for paying the costs of any medical services provided to you during CG Games.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CG PARTIES FROM LOSSES, LIABILITIES, COSTS, CLAIMS, OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY THE CG PARTIES) ARISING OUT OF ANY NEGLIGENT ACTS OR OMISSIONS RELATED TO THE ADMINISTRATION OF FIRST-AID OR OTHER MEDICAL TREATMENT PROVIDED TO YOU.
Voluntary Participation: You acknowledge and agree that (1) you are not required to participate in CG Games; (2) you may cease participating in at any time; (3) you may leave the premises or take a break at any time; (4) you are free to take any water breaks or rest breaks, in your sole discretion; and (5) you may determine your pace and intensity of any exercise.
Contest Disclaimer: CG and its authorized judges reserve the right to postpone, cancel, or modify the format of CG Games, or to request that any participant cease participating, due to (1) a reported danger on the course, (2) a participant’s injury, (3) inclement weather conditions, (4) COVID-19 regulations, (5) the number of participants, or (6) other factors or hazards beyond CG’s control that might affect the health or safety of participants. CG reserves the right to alter the times and locations of CG Games, and to offer CG Games to third parties at different rates and terms than those offered to or accepted by you. CG may refuse to allow you to participate in CG Games (including, without limitation, terminating your User Account and CG Activity access) without notice, recourse, or refund (A) if you are or CG suspects that you are, in any way involved in fraudulent or illegal activity; (B) if CG believes you are disruptive, disorderly, harassing, abusive or pose a safety risk to CG, anyone attending CG Games, or their property; (C) if you violate any rules or policies governing CG Games, or (D) if you breach this Agreement.
Prizes and Cash Winnings: You acknowledge and agree that any prizes, including, but not limited to, cash winnings, titles, certificates, trophies or any other property, will be determined in the sole discretion of CG and its authorized judges, and that the determination of winners and prizes awarded shall be final and not subject to review or appeal in any manner. CG will report any cash prizes awarded to the IRS, and participants are required to pay any associated income taxes on prizes received out of winnings.
Qualification for CG Games Finals: You acknowledge and agree that CG is not obligated to offer you an opportunity to participate in CG Games Finals, even if you successfully complete CG Games (as determined by us in our sole discretion). You acknowledge that we and our authorized judges will evaluate your performance and qualifications, and will determine whether to offer you the opportunity to participate in CG Games Finals. CG reserves the right to add to or otherwise modify the requirements for CG Games Finals.
Consent to Use Your Name and Likeness: You hereby consent to CG’s use of your name, photo, likeness or voice to promote or publicize CG Games Prelims or CG Games Finals both internally and externally in any format whatsoever, including, but not limited to, photographs, film, print media, television, and/or social media. You hereby assign and transfer to CG any ownership rights you may have to such materials. To the extent necessary under law, you hereby grant to CG an irrevocable, perpetual license to use such materials in any media or format without any compensation payment due to me.
YOU HEREBY RELEASE CG FROM ANY LIABILITY RELATING TO ITS USE OF ANY MATERIALS LICENSED OR ASSIGNED BY YOU, INCLUDING ANY CLAIM YOU MAY HAVE FOR PRIVACY, ALTERATION, DISTORTION, ROYALTIES OR COMPENSATION, AND YOU FURTHER WAIVE ANY RIGHT YOU MAY HAVE TO INSPECT OR APPROVE SUCH MATERIALS OR ANY FUTURE USE OF SUCH MATERIALS (INCLUDING DERIVATIVE WORKS) BY CG OR THE CG PARTIES.
Disclaimer About Your Devices: Certain portions of CG Games may be configured for computers, tablets, smart phones, and/or other electronic devices (“Device(s)”), and held virtually (“CG Games (Virtual)”). You are responsible for obtaining and updating your Device, software, operating system, carrier, and network access necessary to properly access and participate in CG Games (Virtual). CG does not guarantee that CG Games (Virtual), or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or participate in CG Games (Virtual) through a particular Device, then you hereby acknowledge and agree that information about your use of CG Games (Virtual) through that Device or its carrier or network may be communicated to CG and/or certain third parties. The voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your accessing of or participation in CG Games (Virtual). CG is not responsible for, and you further accept full responsibility for, all Device, carrier, and network fees, rates, charges, and taxes which may apply, if any.
Disclaimer About Third-Party Technologies: CG Games (Virtual) may contain links to third-party websites, networks, platforms, servers, and/or applications (“Linked Technologies”). The Linked Technologies are not under the control of CG and are provided to you as a convenience. CG is not responsible for any malicious software, spyware programs, inaccurate information, and illegal content that may be found on the Linked Technologies. You acknowledge and agree that you access any Linked Technologies at your own risk. CG shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with CG Games, which result from any system delays, downtimes, interruptions, or other failures of or problems with CG Games (Virtual), which are outside of CG’s control (including, without limitation, scheduled maintenance, or network failure).
YOU HEREBY RELEASE CG FROM, AND CG SHALL NOT BE RESPONSIBLE FOR, ANY LIABILITY RELATING TO ITS OR YOUR USE OF THE LINKED TECHNOLOGIES, INCLUDING ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH YOUR USE OF THE LINKED TECHNOLOGIES.
Use of Zoom Video Communications, Inc.: Certain portions of CG Games (Virtual) are hosted on Zoom. By accessing or participating in CG Games (Virtual), you are agreeing to accept the terms and conditions of Zoom found at https://www.zoom.us/terms.
https://www.zoom.us/terms.If you do not agree to the Zoom terms and conditions you may not access or participate in CG Games (Virtual).
Express Consent to Receive Text Communications; Opt-in: You hereby acknowledge and reaffirm your express consent to CG sending or otherwise communicating with you for any lawful purpose via any electronic means as CG deems appropriate in its sole discretion, whether through the CampGladiator.com website, through the CG mobile app, through my User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, or by text message. You further acknowledge that you are not required to reaffirm the foregoing consent as a condition for participating in CG Games. You may indicate your opt-out of any electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law.
Sales Final; Non-Transferable: Participants are limited to one entry per person. All sales are final, irrevocable and not subject to or eligible for refund or return. This policy applies regardless of whether you become injured, have an unexpected business or family emergency, pregnancy, travel issues, or CG or its authorized judges decide to postpone, cancel or modify CG Games in their sole discretion. Any inquiry by you regarding this policy will be directed back to this statement. Sales of CG Games are not transferable for any reason, and you may not assign, transfer, give or sell your membership, entry, or program to anyone else, and doing so may result in you being permanently banned from competing in CG Games and other CG activities.
Authorization for Payments: You authorize CG and its third-party payment processing vendor(s) to charge your CG Games fee, and any other agreed upon amounts under this Agreement, to the credit card or debit card you provide to CG and/or is associated with your User Account; and you agree that you are responsible for the timely payment of all such amounts that accrue.
YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR BANK AND CREDIT CARD STATEMENTS AND FOR NOTIFYING YOUR FINANCIAL INSTITUTION IN A TIMELY MANNER OF ANY ERRONEOUS CHARGE THAT APPEARS ON YOUR STATEMENT. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE CG PARTIES FOR ANY DISPUTED PAYMENTS.
Taxes: CG has the right to charge you for, and you shall pay, any and all taxes imposed by the applicable taxing authorities for your CG Games payment or any other purchases made from CG. You are ultimately responsible for paying any applicable taxes for your payment of CG Games. You shall pay late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable outside attorney fees), that CG may incur or assess to collect any unpaid amounts you may owe, plus interest at the maximum allowable rate.
Notices: All notices related to this Agreement shall be in writing and be delivered via email or certified mail to the following addresses:
Attention: Legal and Compliance Department
9185 Research Boulevard
Austin, Texas 78758
JURY WAIVER: YOU AND WE EACH AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING ANY CLAIMS ON A CLASS-WIDE OR GROUP, REPRESENTATIVE, CONSOLIDATED, JOINT, OR COLLECTIVE BASIS.
WAIVER OF PUNITIVE DAMAGES: YOU AND WE EACH AGREE THAT NEITHER PARTY WILL BE ENTITLED TO RECOVER SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER THIS AGREEMENT.
Governing Law: The Parties agree that this contract is governed by Texas law and that all disputes shall be adjudicated in the state or federal courts of Travis County, Texas.
Severability: If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and such court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
Entire Agreement: You further agree that this Agreement, together with the Standard Terms, constitutes the entire agreement and understanding between you and CG with respect to your participation in CG Games. This Agreement supersedes any prior agreements and understandings, if any.
Effective Date: Effective date of this agreement is the date of payment. If at any time CG modifies the terms of this Agreement it will become effective as to you upon your continued participation in CG Games, and all changes shall be deemed retroactive as of the effective date.
Authorization: I acknowledge and agree that I have read this Agreement, that I understand that I have given up substantial legal rights, including releasing the CG Parties from certain claims relating to my attendance at and participation in CG Games.
Last Modified: January 7, 2021