Terms and Conditions – EStars

EStars Featuring Fortnite – Website Terms and Conditions

Last modified: 20 November 2018

1. Introduction

Please read these terms and conditions (these “Terms“) carefully as they apply to your use of this website (this “Site“) and what happens when you buy a ticket to attend one of our events (“Tickets“). If you are under 16 years old, your parent or guardian will need to read these Terms and our Privacy Policy to make sure that they happy with them.
First for E Players(“we“, “us” or “our“) is the seller of the Tickets and event organiser.
We use StubHub (UK) Limited (“StubHub”) to sell you the Tickets. StubHub will take your details, process your payments and send you your Tickets.
By using this Site you agree to comply with these Terms. Please keep an eye on these Terms as we may update them from time to time to account for new features and services.

2 – Registration

You may be required to register with us, StubHub, SAP (who work with StubHub) or another third-party in order to access certain parts of the Site or to purchase Tickets. By buying the Tickets or registering an account with StubHub, you may need to sign up to StubHub’s or another third party’s terms and conditions and so please read their terms and conditions carefully, as those terms and conditions will also apply to you.

3 – Access

It is your responsibility to ensure your device meets, and is compatible with, all the necessary technical specifications to enable you to access and use the Site.
We can’t guarantee that the Site will be available at all times and there may be times when certain features, parts or content of the Site (e.g. the page allowing you to buy Tickets), or the entire Site, become unavailable. Unfortunately we won’t be liable or responsible to you if you can’t access the Site or buy Tickets at a particular time.

4 – How to buy a Ticket

We use StubHub to process Ticket purchases and payment. Please read their terms and conditions carefully as they will apply to the purchase of your Ticket.
A few rules when buying Tickets:

  • Sold Tickets
Unless we cancel or postpone an event, Tickets sold are non-refundable and non-exchangeable.
  • Number of Tickets
We may put a limit on the maximum number of Tickets (for example, 10 Tickets) that you can buy in one go. There may also be additional terms and conditions that apply to our events and competitions. Please read these carefully as there may be limits on how many times you can attend our events or enter our competitions.
  • Group bookings
If you buy Tickets as part of a group booking, please read the event’s FAQs
  • Event entry
To get into our events, you can either bring a print out of the Ticket or present your Ticket on your mobile or other device. You will need to arrive at the venue with your Ticket and Photo ID.
  • Lost Tickets
We are not responsible if you lose your Ticket. If you lose your Ticket or you haven’t received your Ticket, you should contact us at info@estars.com without delay and at least 3 working days before the event date.
  • Age Restrictions
Some of our events may have age restrictions. Ticket-holder may be refused admission if they do not provide photographic ID when requested. It is your responsibility to check for any applicable age restrictions before purchasing any Ticket on the Site. Age restrictions are also clearly printed on each Ticket.
  • Ticket Details
A Ticket-holder may be refused admission to an event if any details on the Ticket have been removed, changed or if the Ticket is damaged. If you need to change the name on your ticket, you must contact StubHub customer services. To change the console you originally selected to play on, you will be required to cancel your original ticket, purchase a new ticket and claim a refund for the original purchase.
  • Cancellation & Postponement of Events
We sell the Tickets and so if any event is cancelled or postponed for any reason, you should contact us at info@estars.com for any refunds. Any refund will be made to the original purchaser of the Tickets only.
  • Venue Rules
When you buy a Ticket, you agree to follow the house rules of the venue where the event takes place. We and the venue reserve the right to refuse admission by any late-comers to the event or to admit latecomers at a later suitable time, once the event has started.
  • Unauthorised filming
We do not allow any person to bring any camera, audio or video recording equipment into the venue and/or to record, film and/or broadcast the venue and the event for commercial purposes without the venue management’s consent. Any person who possesses such equipment may be refused entry.
This doesn’t stop you taking photos and videos and sharing them on your personal social media accounts. Just remember not to be rude, offensive or abusive when sharing content on social media and don’t say anything that is illegal or that others may find upsetting, embarrassing or hurtful. Please read our Social Media Guidelines for further tips on sharing content on social media when you’re at our events.

If you experience any problems concerning the payment or delivery of the Tickets please contact info@estars.com.

5 – Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an “as is”, “as available” basis and at your sole risk.
Although we make reasonable efforts to update the information on our Site, we make no promises, representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, reliable, original or up to date.
Whilst we try to make sure that all information on the Site is correct, there may be a slight delay in the information regarding available Tickets for sale at any particular time.
To avoid disappointment, we recommend that you buy your Tickets as quickly as possible once you put them in your basket.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for changing your devices and applications so that you can access our Site. We recommend that you also use suitable virus protection software.

6 – Your use of the Site

You may only use the Site for non-commercial use and only in accordance with these Terms. Additional terms and conditions may also apply to Tickets, events, or to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content. Those additional terms will prevail over these Terms to the extent of any inconsistency.
You must not:

  1. disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
  2. violate any applicable laws relating to your use of the Site;
  3. collect or store personal data about other users of the Site;
  4. store pages of the Site on a server or other storage device connected to a network or to the internet, or to create an electronic database by systematically downloading and storing all or any of the pages of the Site; or
  5. remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of the above.

7 – Third Party Providers & External Links

You acknowledge that certain parts of the Site or certain content of the Site are provided or maintained by StubHub or other third parties and not by us. Where you deal with these third parties (e.g. when you register with StubHub to buy tickets or give StubHub your payment details), you agree that your relationship is with these third parties only and you agree that we will not be liable or responsible to you for any loss or damage that you suffer when dealing with these third parties. We are also not responsible for any actions or failure to act by these third parties.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. By giving you these links, we are not approving the linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and you should read the terms and conditions of any third party websites carefully.

8 – Intellectual Property Rights

We are the owner of or have the right to use all intellectual property rights in our Site, and in the material published on it. All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us, StubHub or our licensors. Those works are also protected by various laws.
Other than to let you use the Site and buy Tickets, you do not have any other rights in respect of any intellectual property rights owned by us, StubHub or our licensors, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from the Site. Downloading any material from the Site is permissible only to the extent necessary to view the Site. You cannot download for any other reason or copy any images on the Site without our permission You must not use any part of the Site for commercial purposes without first obtaining our permission.

9 – Advertisements

The Site may include advertising or commercial content. You agree that we are allowed to show you or otherwise communicate advertising or commercial content on the Site. You also understand that, as explained in more detail in our Privacy Policy, we may use targeted advertising to try to make advertising more relevant and valuable to you.
If you click on any adverts on the Site, your dealings with the third party advertiser are just between you and such advertiser. We will not be liable or responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisements on the Site

10 – Your Personal Information

Please read our Privacy Policy for further details about how we use your data.
We also use cookies on the Site, please read our Privacy Policy for further details.

11 – Our Responsibility for Loss or Damage Suffered by You

We will only be liable to you for any loss that you suffer up to the value of the Tickets that you buy for a particular event. If we are in breach of these Terms, we will not be responsible for losses that you suffer as a result, except for those losses which are foreseeable consequence of our breach.
We will not be liable to you, if: you injure yourself or damage any property or belongings that you bring to an event; you lose any property or belongings that you bring to an event, if you fail to bring your Ticket and proof of ID and so are refused entry to an event; and/or if you lose or damage your Ticket or if your Ticket is stolen.
Nothing in these Terms shall limit or exclude our liability where it would be unlawful to do so.

12 – Survival of Terms

The provisions of these Terms under the headings of “Content“, “Intellectual Property Rights“, “Your Personal Information”, “Our
responsibility for loss or damaged suffered by you
,” and “General Provisions” will survive termination of these Terms.

13 – General Provisions

These Terms and the Competition Terms and Conditions are the entire agreement between you and us in relation to (1) your use or visit to our Site; and/or (2) your purchase of the Tickets.
These Terms are just between you and us and no one else will have a right to enforce these Terms against us.

14 – Governing Law

These Terms and your access and use of the Site shall be governed by the laws of England and Wales, and if you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within England and Wales except that if you are a resident of Northern Ireland you may also bring proceedings in Northern
Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

15 – Contacting Us

Please submit any questions you have about these Terms to info@estars.com.
If you have any problems or questions concerning the purchase of Tickets e.g. any payment errors to please contact your bank in the first instance and then us at info@estars.com.

EStars featuring Fortnite – COMPETITION Terms and Conditions

Overview

  1. 1.These are the terms and conditions that shall apply to your participation in the esports competition entitled the “ESTARS featuring Fortnite” (the “Competition“)
    which is being run by First for E Players Limited (the “Promoter“) a company incorporated and registered in England and Wales with company number 10991967 whose registered office is at 4 Mason Court, Gillan Way, Penrith 40 Business Park, Penrith, United Kingdom, CA11 9GR.
  2. 2.The Competition consists of a series of events held in selected locations across the United Kingdom and the Republic of Ireland (each one being an “Event“) and the finals (“Finals“) as set out in the Competition Calendar (“Competition Calendar“) which is available here.
  3. 3.The Competition may be broadcast live on Twitch.TV.

Eligibility

  1. 4.Tickets to compete in the Competition can be purchased from here (a “Ticket“).
  2. 5.Each Event runs across multiple days, and will consist of a combination of morning (9am – 12pm UK time), afternoon (2pm – 5pm UK time) and evening (6pm – 8pm UK time) sessions (“Event Session“) – these times may vary. You may purchase multiple Tickets to compete in different Event Sessions, but you may only compete once per Event Session. Your Ticket will display your allocated time of play within the Event Session.
  3. 6.By purchasing a Ticket you confirm (or if you are under 16, your parent/guardian confirms) that you meet the eligibility criteria set out in paragraph 8 below.
  4. 7.When purchasing a Ticket, you will select the:
    1. 7.1venue for the Event;
    2. 7.2Event Session;
    3. 7.3name of the person entitled to compete at the Event (the “Player“); and
    4. 7.4console you wish to play on at the Event (PlayStation or Xbox).

    Tickets are available on a first come first served basis. Full ticket terms and conditions are available here.

  5. 8.You are only eligible to participate in the Competition if you:
    1. 8.1are the Player named on the Ticket; or if it is purchased by a Parent/Guardian accompanying you to the Event
    2. 8.2are over the age of 12;

    If you are under the age of 16, you must obtain your parent/guardian’s permission to enter and you must be accompanied by a responsible adult at all times during the Event who is able to confirm that you are over the age of 12.
    Players may be required to show proof of age at the Event and must provide ID when requested by the Promoter.

Admission to the Events

  1. 9.Rules of admission to Events are determined by the Promoter and venues, which may take health and safety, environmental and security concerns into account. You will not be entitled to a refund if you or your guests are refused entry to or ejected from a Venue due to your late arrival, being under age or unable to provide proof of age

The Competition

  1. 10.The Competition consists of 10 Events and the Finals as detailed in the Competition Calendar.
  2. 11.Each Ticket entitles a Player to compete in at least 2 standard solo games of Fortnite during an Event Session at the time, date on their chosen console at the Event detailed on the Ticket.
  3. 12.Each game will consist of up to 100 Players competing on a combination of PlayStation and Xbox consoles. Points are awarded to Players for a combination of kills and finishing positions as detailed at the Event. Each Player’s points are entered on a leader board for the entire Event (the “Leader Board“).
  4. 13.The top 9 Players on the Leader Board from each Event shall be invited to the Finals. Additionally, the Promoter, at its sole discretion, will select 10 ‘wildcard’
    Players to invite to the Finals. In total, 100 Players will be invited to the Finals.
  5. 14.The results of each venue will be made public by the Promoter after the last Event Session or by 12pm GMT the next day. Players will also be notified by telephone after each Event if they have made the Finals.
  6. 15.If you are invited to the Finals but are not able to attend, or you fail to notify the Promoter by the deadline communicated to you by the Promoter, then the Promoter shall invite another Player to the Finals, to be determined at its sole discretion. Any costs associated with attending an Event or the Finals are the sole responsibility of the Player.
  7. 16.The Finals shall consist of Players competing in multiple solo games of Fortnite, with points being awarded for kills and finishing positions as detailed at the Finals.
    Points are cumulative between games and the Player with the highest overall score on the Leader Board at the end of the Finals shall be declared the winner.
  8. 17.The decision of the Promoter, regarding all elements of the Competition shall be final and binding. By purchasing a Ticket and participating in the Competition you agree to be bound by the game rules and a code of conduct as made available at the Events and the Finals.

The Prize

  1. 18.There are 600 cash prizes in total to be won throughout the Competition for everything from dancing like your favourite Fortnite character to just being awesome at the game. The 600 cash prizes are awarded solely at the discretion of the Promoter. In addition, the winner of the Final shall win £25,000.
  2. 19.All prizes are non-transferable and no substitution will be made except as provided herein and at Promoter’s sole discretion. Promoter reserves the right to substitute a prize for one of equal or greater value if the prize should become unavailable for any reason.
  3. 20.Each winner is responsible for obtaining identification documents required for use of a prize. Promoter will not replace any lost or stolen prize components or the prize once they are in the winner’s possession.

Data Protection

  1. 21.The Promoter takes data protection seriously. Each Player agrees that his/her personal data may be processed by the Promoter for the purpose of the administration of this Competition in accordance with the Promoter’s Privacy Policy as set out here.

Intellectual Property & Liability

  1. 21.1By entering our Competition all Players:
    1. 21.1.1assign to us all rights (including present and future copyright) in their entry and all associated materials;
    2. 21.1.2waive all moral rights in such materials; and
    3. 21.1.3undertake to us that such materials are not and do not represent a breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify Promoter for any loss, damage or liability which arises out of any breach of this clause 21.1.3;
  2. 21.2For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same at our absolute discretion.
  3. 22.Subject to obtaining the winner’s consent, the Promoter may use the winner’s image/likeness/voice/name in any media for publicity and marketing purposes.
  4. 23.The information a Player provides will only be used for the purposes outlined in this Competition. Any questions, comments or complaints about this Promotion must be directed to Promoter at info@estars.pro.
  5. 24.The Promoter, its affiliates, its agents or distributors, or any co-promoters of sponsors of Promotions shall have no liability for any losses or damages which may be suffered by a Player (or any person claiming under or through the Player), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, but Promoter does not exclude liability for:
    1. 24.1.1death or personal injury caused by the negligence of Promoter;
    2. 24.1.2fraud or fraudulent misrepresentation; or
    3. 24.1.3any other liability which cannot be excluded by law.
  6. 25.In the event that Promoter is held to be liable to any individual in respect of any part of this Competition, its total aggregate liability for all claims made shall be equal to the financial value of the relevant prize that was to be awarded.
  7. 26.The Promoter reserves the right to: a) cancel the Competition; b) change the prizes in the Competition; and c) amend the terms of this Competition at any time.

General

  1. 27.The Promoter reserves the right to disqualify or exclude you from participating in the Competition, at its sole discretion, if you fail to abide by the game rules, code of conduct and/or the Promoter has any reason to believe that you are in breach of these terms and conditions, commit any racist, sexist, abusive or derogatory acts or commit any other act or behave in a way contrary to the spirit of the Competition or commit any other acts that may bring the Promoter, Epic Games Inc, the Competition or any of the Competition’s sponsors or partners into disrepute.
  2. 28.If for any reason the Competition is not capable of running as planned as a result of any reason beyond Promoter’s control (including but not limited to) technical failures, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness integrity or proper conduct of the Competition, Promoter reserves the right to cancel, terminate, modify or suspend the Promotion and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
  3. 29.Epic Games, Inc. are fully aware and have approved this Competition however, they are not involved in the execution or administration of this Competition.
  4. 30.No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
  5. 31.If any provision of these terms and conditions is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
  6. 32.None of these terms and conditions is intended to confer a benefit on, or to be enforceable by, any person other than the Player or Promoter.
  7. 33.These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
  8. 34.These terms and conditions are governed by English law and Players to the Competition submit to the exclusive jurisdiction of the courts of England and Wales.