Legal Notices Nationals

Legal Notices

Last Updated on 2006/02/23

Legal Restrictions. All applicable national, federal, state and local laws and regulations apply. Void where prohibited or restricted by law.

Conditions of Participation. Participating in the Pokémon® Trading Card Game National Championships ("Championships") constitutes the agreement of the player ("Participant") (or, if such Participant is a minor, his or her parent or legal guardian) to follow and be bound by the Official Rules for Redeeming a Travel Award located at the Greater Columbus Convention Center, the Pokémon Tournament Rules and all other rules applicable to this event and be bound by the final decision of Pokémon USA, Inc. ("Pokémon" or "we" )). Participating also constitutes Participant's agreement (or, if such Participant is a minor, the agreement of Participant's parent or legal guardian) that because Pokémon Organized Play is above all designed to be fun, safe and fair for everyone involved, that we reserve the right to suspend Participant from participating in POP (including the Championships) if we determine that Participant's participation may compromise these values or that suspension is in the best interests of POP or other POP participants.

The Championships are open to the general public. Suspended players are not eligible to participate in the Championships. Participant must have an active My Pokémon account starting no later than fourteen (14) days after receiving an official invitation from Pokémon to the Championships until at least the last day of the Championships (no purchase necessary to open this account). Please see http://go-pokemon.com for registration information and to review our Privacy Policy.

Participants under 18 must attend with a parent, legal guardian or, upon written consent from a parent or legal guardian, a chaperone who is not a minor. As used herein, the term "companion" also includes any chaperone.

Prizes. Prizes awarded in connection with the Championships (including without limitation, Travel Awards and scholarships) ("Prizes") are not redeemable for cash. Prize winners and any travel companion are fully and solely responsible for all applicable taxes. If a Championships winner is suspended, found ineligible, fails to comply with the Tournament Rules, or refuses a Prize, that individual's claim to a prize is forfeited, and Pokémon may decide to award the prize to another player, but has no obligation to do so. For scholarship details and restrictions see http://www.op.pokemon-tcg.com/content/events/docs/Scholarship_TC.pdf.

Prize winners (or, if the winner is a minor, the minor's parent or legal guardian on behalf of the minor) and their travel companions may be required to sign: (a) a release (i) relieving the Pokémon Parties (defined below), from any and all claims, losses, demands, liabilities directly or indirectly arising in connection with the Championships and the Prizes and (ii) where permitted by law, granting Pokémon the right to use his/her name, voice, deck composition, likeness or moving images for advertising, publicity, trade and other commercial purposes, including, but not limited to, use for sale of Pokémon products and use on the Pokémon websites, without additional compensation; (b) affidavits of eligibility; (c) the name and address of each Prize winner (or, if the winner is a minor, the name and address of the minor's parent or legal guardian), as required by law and (d) all legal documents which Pokémon may require (including without limitation proper identification and 1099 W 9 tax forms). Entry into a Championships constitutes each Prize winner's (or, if the winner is a minor, the minor's parent or legal guardian) and travel companion's agreement to sign such releases, affidavits and documents.

Agreement to Limit Pokémon Liability. The Championships are organized and operated by Pokémon USA, Inc. BY PARTICIPATING IN THE CHAMPIONSHIPS, PARTICIPANT (OR IF PARTICIPANT IS A MINOR IN THE STATE IN WHICH HE OR SHE RESIDES, PARTICIPANT'S PARENT OR GUARDIAN) AND HIS OR HER PARENTS, GUARDIANS, HEIRS AND AFFILIATES AGREE TO RELEASE AND HOLD HARMLESS POKÉMON AND THE POKÉMON COMPANY, AND THEIR AFFILIATES AND THEIR RESPECTIVE SUBSIDIARIES, SUPPLIERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES (THE "POKÉMON PARTIES") FROM AND AGAINST ALL CLAIMS, EXPENSES, LOSSES OR DAMAGES TO PROPERTY OR PERSON OF ANY KIND, INCLUDING DEATH, CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY PARTICIPATING IN THE CHAMPIONSHIPS OR ANY EVENTS OR PERFORMANCES OF ANY KIND ATTENDED BY PARTICIPANT IN CONNECTION THEREWITH, OR USE OF ANY PRIZES, OR USE OF PARTICIPANT'S NAME, VOICE, DECK COMPOSITION, LIKENESS OR MOVING IMAGE. THE POKÉMON PARTIES SHALL NOT BE LIABLE TO ANY PARTICIPANT OR THE PARTICIPANT'S PARENTS, GUARDIANS, HEIRS OR AFFILIATES, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES.

Indemnity. BY PARTICIPATING IN THE CHAMPIONSHIPS, EACH PARTICIPANT (OR, IF SUCH PARTICIPANT IS A MINOR, PARTICIPANT'S PARENT OR LEGAL GUARDIAN) AGREES TO INDEMNIFY AND HOLD HARMLESS THE POKÉMON PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES OR EXPENSES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, (I) CLAIMS FOR THE NEGLIGENCE, FAULT OR OTHER TORT OF ANY POKÉMON PARTY; (II) PAYMENT OF ANY WORKER'S COMPENSATION LIENS, MEDICAL LIENS OR ANY OTHER TYPE OF LIEN; AND (III) PAYMENT OF REASONABLE ATTORNEYS' FEES ARISING FROM OR IN ANY WAY CONNECTED WITH ANY INJURIES, DAMAGES OR LOSSES SUSTAINED IN CONNECTION WITH THE CHAMPIONSHIPS OR FROM THE USE OF ANY PRIZE, PROVIDED THAT THIS INDEMNIFICATION SHALL NOT EXTEND TO CLAIMS FOR ANY POKÉMON PARTY'S INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE. THIS RELEASE EXTENDS TO CLAIMS FOR THE NEGLIGENCE OF THE POKÉMON PARTIES.

Use of Likeness. Except where legally prohibited Participant (or if Participant is under a minor in the state in which he or she resides, Participant's parent or legal guardian) grants permission for Pokémon and its affiliates and those acting under its control and those acting under its authority to use his/her name, voice, deck composition, likeness or moving images for advertising, publicity, trade and other commercial purposes, including, but not limited to, use for sale of Pokémon products without additional compensation or right of approval.

Other Limitations. Travel is subject to airline and hotel restrictions, blackout dates and availability. Final choice of departure and destination airports, airline carrier, travel dates, flight times, and/or choice of destination hotel accommodations is at the sole discretion of Pokémon. Travel Award winner and travel companions must abide by, and are subject to, any and all minimum/maximum height, weight and health-related requirements or restrictions set forth by product and/or service providers and are responsible for any personal insurance (as applicable). No credit or cash will be given for any unused portion of the Travel Award. Travel Award stated in these Rules is "AS IS" and no trip extensions, hotel extensions or changes will be made except at Pokémon's sole discretion. The Invitation and Travel Award are not transferable. Void where prohibited or restricted by law. The Invitation and Travel Award have no cash value and are not redeemable in full or part for cash. Should the Prize winner be unable to attend the Championships, we may award a Travel Award and Invitation to the next eligible player at our discretion. Players suspended from Pokémon Organized Play are ineligible to compete in the Championships or for Travel Awards.

Cancellation. Pokémon is not responsible for the cancellation of the Championships or any cancellation or delays in transportation or other travel accommodations due to any unforeseeable interruption, and Pokémon reserves the right, in its sole discretion, to cancel or suspend the Championships if an act of God or similar event interferes, or other causes corrupt or affect the safety, fairness or proper conduct of the Championships.

Claims. By participating in the Championships, Participant (or if Participant is a minor in the state in which he or she resides, Participant's parent or legal guardian) agrees that these Rules are governed, construed and interpreted under the laws of the State of New York without regard to conflicts of law principles, and that any legal action brought by Participant or his or her parent or legal guardian or Pokémon with regard to or arising out of any matters set forth in this document shall be brought only in an appropriate state or federal court in New York County, New York and consents to the jurisdiction and venue of such courts for these purposes.