TERMS & CONDITIONS FOR THE LEARNING & DEVELOPMENT GAME TOURNAMENT

 

These are the Terms & Conditions (“T&Cs”) for the Learning & Development Game Tournament (“Tournament”). In these T&Cs, “you”, “your”, “participant”, or “player” refer to a person participating in the Tournament; “we,” “us,” and “our” refer to eLearning Brothers, LLC (“Sponsor”) and The Game Agency, LLC (“TGA” or “Data Processor”); and The Training Arcade® refers to the website at which you participate in the Tournament (“Tournament Website”). You must agree to these T&Cs to participate in the Tournament. Please read them carefully before continuing.

 

  1. ELIGIBILITY. You are eligible to participate in the Tournament if you (i) agree to these T&Cs; (ii) agree to Sponsor’s Privacy Policy and Terms of Use; (iii) agree to the Privacy Policy and Terms of Use for the Tournament Website; (iv) are a resident of the United States of America (“US”); and (v) are at least 18 years of age when registering. You may not participate in the Tournament as part of a team or on behalf of any groups, clubs, entities, or organizations. Non-US residents may play the Qualifying Games and, if invited, the Championship Game, but are not eligible to win any prizes. Employees, officers, and directors of the Sponsor or Data Processor and their family members may play the Qualifying Games, but are not eligible to play the Championship Game nor to win any prizes.

 

  1. SPONSOR. eLearning Brothers LLC, 732 E 930 S Suite # 100, American Fork, UT 84003.

 

  1. DATA PROCESSOR. The Game Agency, LLC, 470 West Avenue, Suite 2002, Stamford, CT 06902 USA.

 

  1. TOURNAMENT OVERVIEW.  The purpose of the Tournament is to enable learning & development professionals to experience the power of game-based training to engage, entertain, and educate. The prizes in the Tournament are skill-based rewards directly linked to the rankings you achieve in the games. The prizes are intended to demonstrate the motivational power of extrinsic rewards operating in parallel to the intrinsic motivations of personal growth and the bragging rights of leaderboards. The total Average Retail Value (“ARV”) for all prizes when awarded to eligible participants in the Tournament is $6,009.

 

  1. SCHEDULE. Subject to these T&Cs and any changes announced on the Tournament Website or emailed to you prior to the Tournament start, the Tournament will consist of the following schedule (“Schedule”):

 

SCHEDULE

Phase

Time Frame

Game Type - Game Name

Registration

Starts    May 27, 2021 at 1:00 pm ET

Ends      June 25, 2021 at 5:00 pm ET

Not applicable

Tournament

Starts    May 27, 2021 at 12:00 pm ET

Ends      June 27, 2021 at 5:00 pm ET

Not applicable

Qualifying Game 1 Prize Window

Starts    May 27, 2021 at 12:00 pm ET

Ends      June 2, 2021 at 11:59 pm ET

Scenarios - “Storyboard Design System”

Qualifying Game 2 Prize Window

Starts    May 27, 2021 at 12:00 pm ET

Ends      June 2, 2021 at 11:59 pm ET

Scramble - “Instructional vs Experience Design”

Qualifying Game 3 Prize Window

Starts    June 3, 2021 at 12:00 am ET

Ends      June 9, 2021 at 11:59 pm ET

Match - “Accessible Learning 101”

Qualifying Game 4 Prize Window

Starts    June 3, 2021 at 12:00 am ET

Ends      June 9, 2021 at 11:59 pm ET

Scramble - “Common Accessibility Terms”

Qualifying Game 5 Prize Window

Starts    June 3, 2021 at 12:00 am ET

Ends      June 9, 2021 at 11:59 pm ET

Jump - “Developing Accessible Learning”

Qualifying Game 6 Prize Window

Starts    June 3, 2021 at 12:00 am ET

Ends      June 9, 2021 at 11:59 pm ET

Trivia - “Generational Learning”

Qualifying Game 7 Prize Window

Starts    June 10, 2021 at 12:00 am ET

Ends      June 16, 2021 at 11:59 pm ET

Recall - “MP3 and WAV Files”

Qualifying Game 8 Prize Window

Starts    June 10, 2021 at 12:00 am ET

Ends      June 16, 2021 at 11:59 pm ET

Jump - “Boost Learning with VR!”

Qualifying Game 9 Prize Window

Starts    June 10, 2021 at 12:00 am ET

Ends      June 16, 2021 at 11:59 pm ET

Detective - ”Investigating VR”

Qualifying Game 10 Prize Window

Starts    June 17, 2021 at 12:00 am ET

Ends      June 27, 2021 at 11:59 pm ET

Scenarios - “Storytelling for Engagement”

Qualifying Game 11 Prize Window

Starts    June 17, 2021 at 12:00 am ET

Ends      June 27, 2021 at 11:59 pm ET

Match - “The Know/Feel/Do Approach”

Championship Game

Starts    July 8, 2021 at 4:00 pm ET

Ends      July 8, 2021 at 5:00 pm ET

JEOPARDY!® in virtual instructor mode

 

  1. REGISTRATION PROCESS. To sign-up to participate in the Tournament, during the registration period indicated in the Schedule, visit the Tournament Website located at https://enter.thetrainingarcade.com/arcade/elbxtournament and complete and submit the registration form. While you may register for the Tournament after it begins and up to June 25 at 5:00 pm ET, in doing so, you acknowledge not being eligible for the prizes associated with a Qualifying Game whose Prize Window has already closed.

 

After completing the registration process, we will send a confirmation email to the address you provided on the application form. The email will contain a link to the webpage at which you will create your password to access the Tournament Website and participate in the Tournament. Please check your email often, including your spam folder, as we can’t be responsible for non-receipt of Tournament communications.

 

The combination of your email address and password is your access to the Tournament (“Account”). Please maintain the confidentiality of your password. You are entirely responsible for any and all activities that occur under your Account and agree to notify Sponsor and Data Processor immediately of any unauthorized use of your Account or any other breach of security. Neither Sponsor nor Data Processor will be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you could be held liable for losses incurred by Sponsor or Data Processor due to someone else using your Account. You may not use anyone else's Account at any time, without the permission of the Account holder.

 

  1. PARTICIPATING IN THE TOURNAMENT.

 

7A. OVERVIEW OF THE TOURNAMENT STRUCTURE. Below is an overview of the Tournament:

 

  1. The Tournament consists of twelve games. Eleven games are open to all eligible players (“Qualifying Games”). The twelfth game (“Championship Game”) is open only to a subset of eligible players who are invited to play based on specified, skills-based criteria described below.
  2. You have two objectives when participating in the Qualifying Games.      
    • When you play a Qualifying Game during the Qualifying Game prize window time frame indicated in the Schedule (each, “Prize Window”), the high score you achieve when playing will be ranked on the associated game leaderboard. If you ranked #1, #2, or #3 on the leaderboard at the end of the Qualifying Game Prize Window, you will win the prize specified in the table below correlated to the ranking if you are eligible. You may play the Qualifying Game as often as you wish during its Prize Window time frame. The ARV for each Qualifying Game prize is listed in each corresponding row. A player can only win one Qualifying Game Prize during the Tournament, which will be awarded based on the first Qualifying Game Prize for which they are eligible. If a player who has already won a Qualifying Game Prize is ranked in the top three of a subsequent Qualifying Game, the corresponding prize in the subsequent Qualifying Game will be awarded to the next eligible player on the leaderboard ranked below.    
    • You are permitted to play a Qualifying Game after the Prize Window ends as often as you wish, but the ranking you achieve when playing it will no longer be eligible to win the associated Qualifying Game prize.       The highest ranking you achieve in a Qualifying Game whether played during or after the Qualifying Game Prize Window up to June 27, 2021 at 11:59 pm ET will be used to determine your eligibility for the Championship Game.
  3. After the eleven Qualifying Games are completed, the participants (excluding any employees, officers, and directors of the Sponsor or Data Processor) with the #1 ranking for each Qualifying Game achieved during the entire Tournament Schedule will be invited to the Championship Game (“Championship Game Criteria”). Once a player is eligible to be invited to the Championship Game as a result of their leaderboard ranking in a Qualifying Game (tabulated in numerical order, i.e., Qualifying Game 1, Qualifying Game 2, Qualifying Game 3, etc.), their ranking in a subsequently tabulated Qualifying Game will not be included, thus opening eligibility to the player ranked below. By way of example, if a player’s score has ranked them first in Qualifying Game 1 and first in Qualifying Game 7, their ranking in Qualifying Game 7 is set aside, thus permitting the player ranked #2 in Qualifying Game 7 to be invited to the Championship Game. In so doing this selection process, eleven unique players will be invited to the Championship Game. The invitation to the Championship Game will be emailed to the address submitted by the player on the registration application.
    • Invited players have until 5:00 pm ET on Wednesday, July 7, 2021 to confirm their attendance at the Championship Game.
    • All players who attend and participate in the Championship Game (except non-US residents) will receive the applicable prizes indicated in the table below indicated under Championship Game Finalists. The prizes will be distributed in numerical order as follows: the player from Qualifying Game 1 who participates in the Championship Game selects from the eleven albums, the player from Qualifying Game 2 who participates in the Championship Game thereafter selects from the remaining ten albums, etc.
    • At the conclusion of the Championship Game, the player ranked #1 on the leaderboard will select first from among the three guitars.       The player ranked #2 will select second from among the remaining two available guitars, and the player ranked #3 will receive the remaining guitar.

PRIZES

Phase

Prize

ARV

Qualifying Game 1

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 1

$13

$13

$13

 

$39

Qualifying Game 2

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 2

$13

$13

$13

 

$39

Qualifying Game 3

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 3

$13

$13

$13

 

$39

Qualifying Game 4

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 4

$13

$13

$13

 

$39

Qualifying Game 5

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 5

$13

$13

$13

 

$39

Qualifying Game 6

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 6

$13

$13

$13

 

$39

Qualifying Game 7

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 7

$13

$13

$13

 

$39

Qualifying Game 8

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 8

$13

$13

$13

 

$39

Qualifying Game 9

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 9

$13

$13

$13

 

$39

Qualifying Game 10

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 10

$13

$13

$13

 

$39

Qualifying Game 11

Prize for #1 Ranked Player                                            1 T-shirt

Prize for #2 Ranked Player                                            1 T-shirt

Prize for #3 Ranked Player                                            1 T-shirt

 

Total ARV for Qualifying Game 11

$13

$13

$13

 

$39

Championship Game Finalists

Prize for Each Invited Participant Who Actually Plays in the Championship Game Based on the Game for Which They Qualified

 

1) Van Halen Band Signed Hurricane Album

2) The Eagles Band Signed Hotel California Album

3) AC/DC Band Signed Black Ice Album

4) Bon Jovi Band Signed Lost Highway Album

5) U2 Band Signed How To Dismantle An Atomic Bomb Album

6) Guns N Roses Band Signed Appetite For Destruction Album

7) Kiss Band Signed The Best Of Kiss Album

8) Tina Turner Signed Private Dancer 30th Anniversary Album

9) Whitesnake Band Signed Trouble Album

10) Survivor Band Signed Eye Of The Tiger Album

11) Bob Dylan Signed Bob Dylan’s Greatest Hits Album

 

Total ARV if all 11 Participants Play Championship Game

 

 

$291.59

$262.79

$262.79

$262.79

$262.79

 

$262.79

 

$231.59

$231.59

$206.39

 

$206.39

$187.79

 

 

 

$2,669.29

Championship Game Winners

AC/DC Band Signed Yamaha Pacifica Blackened Jaguar Styled Electric Guitar

 

Guns N Roses Band Signed Fender Gold Tipped Custom Classic Styled Electric Guitar

 

Aerosmith Band Signed Charvel Silver Metallic Stratocaster Styled Electric Guitar

 

Total ARV for the Championship Game Winners

$990.59

 

 

$975.59

 

 

$944.99

 

 

$2,911.17

 

7B. PLAYING AND SCORING FOR EACH GAME. For details on how to play each of the twelve games and their scoring methodology, please click on the corresponding link:

 

Link to Tutorials

https://thetrainingarcade.com/game-tutorials/

 

  1. PRIZE DISTRIBUTION AND TAXES. We look forward to distributing the Tournament prizes quickly to the winners so they can be enjoyed. As mentioned earlier, you need to be a resident of the US to win a prize, but you can still play the games if you are not. So, when it comes time to distribute the prizes, we will send emails to all the prospective winners and request confirmation of residency. If a winner indicates they are not a resident of the US, their prize will be forfeited and given to the person with the score immediately below the disqualified player. Residency will not be used to determine eligibility for invitation to the Championship Game; however, for the awarding of prizes, residency will be used and the disqualification process indicated immediately above will apply.

 

Neither Sponsor nor Data Processor is responsible for delays or any inconveniences in distributing prizes unless we’re engaged in willful misconduct or negligence. We assume no responsibility for any damages or loss of the prizes caused during physical or electronic delivery.

 

Reporting and payment of any applicable national, federal, state, local, or other taxes associated with receipt or use of a prize is the sole responsibility of each winner.

 

  1. GENERAL. While not as much fun as the section on prizes, the following details are important. If for any reason (other than the negligent or willful action by us) the Tournament is not capable of running as planned, or if the Tournament, or any web site associated with the Tournament becomes corrupted or does not allow the proper interaction with the Tournament and processing of registrations or activity in accordance with these Terms & Conditions, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants (or others associated with an entrant), fraud, technical failures, or any other causes (other than the negligent or willful action by us), in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Tournament, the Sponsor reserves the right, at its sole discretion, to disqualify any participant implicated in the action and/or to cancel, terminate, modify, or suspend the Tournament, or any portion thereof, and, in that situation, to select the winners from among the remaining eligible non-suspect participants in a manner as deemed fair and appropriate by Sponsor in its sole discretion.

 

Sponsor also reserves the right in its sole discretion to disqualify any individual or entrant (and all registrations and/or Submissions at the Tournament (or other activities similar to the event conducted by Sponsor) associated with the individual who is found to be acting in violation of these T & Cs, or to be acting in an unfair, unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Tournament, or to annoy, abuse, threaten, or harass any other person.

 

Sponsor reserves the right to seek damages and other remedies to the fullest extent permitted by applicable law. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THE TOURNAMENT OR UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

No incomplete, nonsensical, forged or other automated registrations and/or game play will be accepted. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.

 

The Tournament is being provided for your educational and non-commercial use. As such, you may not transfer or sell your Account or prizes obtained through the Tournament.

 

We reserve the right to correct any typographical or printing errors associated with the Tournament. The invalidity or unenforceability of any provision, statement, sentence, or clause of these T&Cs will not affect the validity or enforceability of any other provision, statement, sentence, or clause. In the event that any provision, statement, sentence, or clause is determined to be invalid or otherwise unenforceable or illegal, these T&Cs will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision, statement, sentence, or clause were not included.

 

  1. IMPORTANT: DISPUTES; LIMITATIONS OF LIABILITY; RELEASE.These T&Cs are governed by the laws of the United States and the state of New York, without respect to conflict of law doctrines.  By participating in the Tournament, you agree that any and all disputes which cannot be resolved between the parties, and claims and causes of action arising out of or in connection with the Tournament will be resolved individually, without resort to any form of United States class actions exclusively before a court located in New York, New York having jurisdiction. FURTHER, UNLESS RESTRICTED BY APPLICABLE LAW, IN ANY SUCH DISPUTE, CLAIM OR CAUSE OF ACTION, EXCEPT (I) IN THE CASE OF DAMAGES CAUSED BY CULPABLE INJURY TO LIFE; BODY OR DEATH OR (II) IN CASE OF GROSS NEGLIGENCE OR A WILLFUL MISCONDUCT BY SPONSOR, IN NO EVENT WILL SPONSOR OR DATA PROCESSOR HAVE RESPONSIBILITY FOR OR ANY LIABILITY TO YOU, OR TO ANY OTHER THIRD PARTY, FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM YOUR PARTICIPATION IN THE TOURNAMENT, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' AND OTHER PROFESSIONALS’ FEES), ARISING OUT OF YOUR PARTICIPATION IN THE TOURNAMENT, THESE T&Cs, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. THESE LIMITATIONS APPLY IRRESPECTIVE OF WHETHER SPONSOR OR DATA PROCESSOR HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. As a condition of participation in the Tournament, you agree to release Sponsor and Data Processor, and their respective officers, directors, employees, agents, and licensors, and any third party involved in the design, execution, production, or administration of the Tournament from and against any and all liability, claims or, actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Tournament or any website, submitting an application or otherwise participating in any aspect of the Tournament, the receipt, ownership, or use of any prizes received, or any typographical or other error in these T&Cs or the announcement of offering of any prizes.

 

  1. PRIVACY. We respect your privacy. The privacy notice located at https://www.elearningbrothers.com/privacy-policy describes the Sponsor’s privacy practices regarding the collection, use, and disclosure of the personal information you provided to us to receive information about or to participate in the Tournament. The Data Processor processes your personal information on Sponsor’s behalf solely for the purpose of administering the Tournament in accordance with these T&Cs and its Privacy Policy located at https://thetrainingarcade.com/privacy-policy/.

 

  1. DATA RETENTION. The personally identifiable information you submit for the Tournament will be held for customer service and legal audits and stored for three (3) years from your acceptance of these T&Cs. For Non-US residents: the information you provide during your participation in the Tournament is collected, processed, and stored on servers residing in the United States of America, a country whose laws which may not provide similar or adequate data privacy protections as those of your residency. By accepting these T&Cs, you knowingly accept the data management requirements of the United States of America.

 

  1. OWNERSHIP.  We retain ownership of all right, title, and interest in and to the software and computer code, technology, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, and all copyrightable or otherwise legally protectable elements of the Tournament and all our trademarks, service marks, and trade names. You agree that we may implement ideas for improvements, enhancements, and other changes in connection with the Tournament that you may provide (“Feedback”) in whole or in part; and that such Feedback will become our intellectual property to use for any purpose.

 

  1. PUBLICITY. Except where prohibited and as otherwise agreed in writing by a winner and Sponsor, participation in the Tournament constitutes winner’s consent to our use of winner’s name, likeness, voice, opinions, and/or hometown and state for promotional purposes.

 

  1. WINNERS LIST. You may request a list of the names of the prize winners after 7/31/2021, or a copy of these T&Cs, by sending (i) an email to data@thegameagency.com; or (ii) a self-addressed, stamped envelope to: Learning & Development Game Tournament, The Game Agency, LLC, 470 West Avenue, Suite 2002, Stamford, CT 06902, U.S.A. Please specify “Learning & Development Game Tournament Winners List” or “Learning & Development Game Tournament Winners List T&Cs.” Requests must be received by 12/31/2021.

 

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