Tournament of ChampionsTerms and Conditions

LAST UPDATED: January 9, 2026

ACTIVATE's Tournament of Champions ("TOC") is an exclusive, world-wide, invitation-only, skills-based event organized and operated by ACTIVATE that allows players at participating ACTIVATE locations to compete for the title of "Ultimate Champion", with the opportunity to be awarded prizes.

These Terms and Conditions govern the ACTIVATE Tournament of Champions provided to players. Please check back for updates, and bookmark our Terms and Conditions at https://playactivate.com/tournaments/terms. By accepting an invitation to participate in the TOC, you are agreeing to these Terms and Conditions, as well as ACTIVATE's Waiver, the applicable Privacy Policy for where you reside, and other terms and policies, which are incorporated into and form part of these Terms and Conditions. Please carefully read these Terms and Conditions, and all other terms and policies, and ensure you understand and agree to all terms and policies before you choose to participate in the TOC. In the event of any conflict between these Terms and Conditions (including but not limited to advertising or marketing materials), these Terms and Conditions will govern and prevail in all matters connected to TOC unless ACTIVATE determines otherwise.

The opportunity to participate in TOC is provided by ACTIVATE, in its sole and absolute discretion, upon invitation to select players, in accordance with the eligibility requirements below. For the avoidance of doubt, the operation of TOC, including eligibility determinations, determination of scores, determination of winners, and awarding of prizes, is at ACTIVATE's sole and absolute discretion, and by participating, you agree to abide by all decisions made by ACTIVATE in relation to TOC and your participation in the TOC.

PLAYERS MUST MEET ALL ELIGIBILITY REQUIREMENTS TO PARTICIPATE IN THE TOC, and ARE SOLELY RESPONSIBLE FOR ENSURING THEY MEET ALL ELIGIBILITY REQUIREMENTS BEFORE ACCEPTING A TOC INVITATION, OR PARTICIPATING IN A TOC, OR PART THEREOF.

Eligibility Requirements to Participate

The opportunity to participate in a TOC is available to eligible players at participating locations upon valid registration for a TOC by the deadline noted in the invitation. To participate in a TOC, players must meet all of the following eligibility requirements ("Eligibility Requirements"):

Players must have personally received an invitation from ACTIVATE to participate in a specific, scheduled TOC at a participating ACTIVATE location (a "TOC Invitation"). Invitations will be sent by email to the most recent email in ACTIVATE's system associated with a player profile, and indicate the date by which the TOC Invitation must be accepted. ACTIVATE players are solely responsible for monitoring their email and timely responding to TOC Invitations;
At the time of registration, players must be the age of majority where they reside, or have their legal guardian (the player's "Authorized Authority") authorize their participation in the TOC for which they are registering;
Players, or their Authorized Authority, must have signed the Activate Liability Waiver.
Players must be a permanent legal resident of the jurisdiction of the participating ACTIVATE location that sent the TOC Invitation at the time of registration and throughout the applicable TOC;
Players must not have accepted a TOC Invitation to participate in a TOC at another ACTIVATE location in the same calendar year. For clarity, players are only permitted to participate in one ACTIVATE location's TOC in a single calendar year. Once a player accepts a TOC Invitation to participate in a TOC at one ACTIVATE location, they are no longer eligible to accept a TOC Invitation to participate in that same TOC through another ACTIVATE location;
Players must not have previously declined the TOC Invitation on which they are relying to participate. For clarity, once a player declines a TOC Invitation related to a specific ACTIVATE location for that year's TOC, the player is no longer eligible to qualify at that location for the remainder of that year's TOC; and,
Players are ineligible if they are a current or past employee, representative, and/or agent of ACTIVATE or its affiliates, subsidiaries, parents, agents or licensees at any time during the Qualifying Period through the end of a TOC.

A player's eligibility will be automatically revoked should they register to participate in a TOC at more than one ACTIVATE location in a single calendar year. Once a player registers to participate in a TOC through an ACTIVATE location, the player is no longer eligible to register for the TOC at any other location for the remainder of the calendar year.

TOC Registration

To validly register for a TOC players must: (a) meet all Eligibility Requirements; (b) register according to the registration process and by the response date specified in their TOC Invitation; and (c) provide all required information as prescribed in the TOC Invitation.

PLAYERS ARE SOLELY RESPONSIBLE FOR ENSURING THEY MEET ALL ELIGIBILITY REQUIREMENTS BEFORE REGISTERING AND/OR PARTICIPATING IN a TOC, OR PART THEREOF, AND THAT THEY COMPLETE THEIR REGISTRATION FOR the TOC BY THE DEADLINE. ACTIVATE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO VERIFY ELIGIBILITY AT ANY TIME, AND DISQUALIFY ANY PLAYERS THAT ARE DETERMINED TO BE INELIGIBLE, IN ITS SOLE AND ABSOLUTE DISCRETION.

Conduct and Disqualification

TOC players must be respectful and play with integrity. Players may not act in an unsportsmanlike or disruptive manner. Players must not discriminate against, harass, abuse, threaten, bully, or act with the intent to annoy any other person or show disrespect or violence towards anyone else, including without limitation other participants and ACTIVATE team members. Players must also not attempt to undermine the legitimate operation of a TOC.

ACTIVATE reserves the right in its sole and absolute discretion, to disqualify any player from a TOC, and to revoke and cancel any player's prizes or claims to a prize, for any reason whatsoever at any time. Without limiting the generality of the foregoing, if ACTIVATE determines in its sole and absolute discretion that a player engaged in such unsportsmanlike etc. conduct, ACTIVATE may disqualify that player and their participation in the TOC, terminate the player's account, and revoke any Coins, Badges, scores, prizes or other rewards, and deem scores void. Disqualification will prevent the player from competing in the remainder of the TOC from which they are disqualified. By way of example only, a player's eligibility may be automatically revoked should they do, or attempt to do, any of the following, as determined by ACTIVATE in its sole and absolute discretion: increase their odds of winning, or their placement in any competition during the qualifying period or tournament, through any activities outside of normal game play; increase another player's odds of winning, or their placement in any competition during the qualifying period or tournament, through any activities outside of normal game play; or otherwise engage in cheating tactics.

If a player is disqualified from an ACTIVATE program at any time, including without limitation a TOC, ACTIVATE reserves the sole right and absolute discretion to ban that player from ACTIVATE facilities, or to prohibit that player's participation in any ACTIVATE program at any time.

ACTIVATE employees, representatives and agents may not use ACTIVATE confidential information to participate in a TOC, and should ACTIVATE determine, in its sole and absolute discretion, that confidential information has been used by an employee in a manner that results in an unfair advantage to an ACTIVATE player, ACTIVATE reserves the right in its sole and absolute discretion to disqualify the player and/or take other measures. Please note that such action may also result in disciplinary action against the employee, agent or representative.

Monitoring and Fairness

Fair Game Rules:

The following Fair Game Rules apply to the TOC, and ACTIVATE reserves the right to set additional rules for the TOC towards fair gameplay during a TOC:

Players must follow the rules of TOC for each game, as well as guidance and direction provided by the ACTIVATE team.
No use of outside tools (such as phones or paper) is permitted during the games.
Players must play the games as originally intended (for example, players are not to climb on the HOOPS platform or throw balls at HOOPS sensors), or otherwise engage in any cheating tactics.
Players must conduct themselves in a sportsmanlike manner throughout the TOC and must remain supportive and respectful toward other TOC players and the ACTIVATE team.
Players must remain in the respective game room for the duration of each game they play during the TOC.
Players must not use exit door areas or other tactics to avoid being sensed by game equipment.
Sharing or discussing content or details about the games at any time during the TOC is strictly forbidden. Players must not share information about game layout or details before, during, or after heats. This includes person-to-person communication and digital communication, including via social media. As games are seeded, sharing information to others would create an unfair advantage to any player that received such information.

Cheating Tactics:

Cheating tactics vary from game to game, but a core principle at ACTIVATE is that games should be played as they are designed to be played. By way of example only, actions such as throwing HOOPS balls at sensors, using flashlights in MEGA LASER, or exploiting the exit door as a safe zone in MEGA GRID are considered to be cheating tactics and are not acceptable at any time, including during any phase of a TOC. Players found engaging in cheating tactics at any time during a TOC (including its qualifying period or tournament) may, at ACTIVATE's sole and absolute discretion, be informed of any of the following: that they are automatically disqualified from participating or continuing to participate in the TOC; or that the score they achieved for the level/TOC game they were playing while engaging in cheating tactics is revoked, resulting in a score of 0 for that level attempt/TOC game attempt. If a player has been caught engaging in cheating tactics during the tournament portion of a TOC, ACTIVATE may, in its sole and absolute discretion, provide that player with a second chance to play that game without cheating, but such an opportunity is not guaranteed, nor is the ability for that player to continue playing in the TOC.

Players who participate in any part of the TOC, including a TOC qualifying period, also acknowledge and agree that:

They will abide by all of the fair game rules, and not engage in any cheating tactics;
Qualification for a TOC, eligibility to participate, determination of scores, winners and awarding of prizes is determined by ACTIVATE in its sole and absolute discretion;
ACTIVATE games and the TOC are meant to be fun and entertaining, and while ACTIVATE aims to ensure fairness to every player, mechanical and technical issues may occur that result in a player forfeiting a game or their points ("Failures"), and ACTIVATE is not responsible for Failures, nor is ACTIVATE required to allow a player experiencing a Failure to have another attempt at the game, or part thereof, that they were playing at the time of the Failure, or to award the player with any points in respect thereof; and,
In the event of a dispute, ACTIVATE reserves the right to make a final determination, in its sole and absolute discretion, on any issue related to the TOC, including but not limited to the TOC structure and layout (including but not limited to the games played, and how they are organized, and the scoring of points, determination of winners, and the awarding of prizes, a player's qualification, eligibility, scoring, conduct, and/or their placement and winning of any prize.

Players who register and participate in a TOC further acknowledge and agree to ACTIVATE monitoring them as they play games in the TOC by watching videos of games being played, and to ACTIVATE reviewing such videos to ensure that all games are played in accordance with the Fair Game Rules, and otherwise in accordance with these Terms and Conditions, and that players have otherwise legitimately achieved their scores during the TOC.

TOC Structure

Overview: The following outlines the TOC structure, and ACTIVATE reserves the right to amend, modify or alter the structure at any time in its sole and absolute discretion, including to ensure the TOC operates as intended and remains fair and fun.

Each TOC is divided into a "Qualifying Period" (defined below) and a "Tournament" (defined below). Each participating ACTIVATE location hosts its own TOC, crowns its own winners and determines awarding of prizes. The opportunity to participate in a TOC is determined based on the highest-ranking scores achieved at each participating ACTIVATE location during the relevant Qualifying Period. The Tournament portion for each ACTIVATE location's TOC consists of several heats of up to ten (10) players each.

Qualifying Period: A qualifying period for a TOC typically opens on the first day of the year immediately preceding the year on which the TOC is scheduled to occur, and closes on the last day of that same year. For example, the qualifying period for the 2026 TOC opened on January 1st, 2025, and closes on December 31st, 2025 (the "2026 Qualifying Period").

During the Qualifying Period, players may book and play at any participating ACTIVATE location, including with other players, to achieve the best possible score they can on each level at that location. Each participating ACTIVATE location will have an annual leaderboard which displays each players' cumulative scores for that location for the current Qualifying Period. Players scores for a Qualifying Period are determined only from the top scores they achieve for each level they play at a given ACTIVATE location, as determined by ACTIVATE in its sole and absolute discretion. This means there is a maximum score potential based on the facility. For example, if a player plays MEGA ZONES Level 6 twice at the same ACTIVATE location, and earns scores of 6600 and 6700, respectively, only the higher score of 6700 will count towards their total score on the annual leaderboard at that location. If they again play MEGA ZONES Level 6 at that location and achieve a score of 6750, their total score on the annual leaderboard will increase by 50 points (as their new highest score for MEGA ZONES Level 6 at that location is 50 points higher than their former highest score of 6700).

The players determined by ACTIVATE to have the top thirty (30) scores at each participating ACTIVATE location ("Champions") may qualify to play in the TOC at that location. Qualifying for a TOC does not automatically guarantee that a player can participate in a TOC. All players must meet all Eligibility Requirements in order to participate, and otherwise abide by all of these Terms and Conditions.

Invitations and TOC Registration: Once a Qualifying Period for a TOC has ended, invitations to participate in the corresponding Tournament will be extended to the Champions at each participating ACTIVATE location. For example, ACTIVATE will extend TOC Invitations to participate in the 2026 TOC to the Champions at each participating ACTIVATE location following the 2026 Qualifying Period.

Players who are invited to participate in a TOC will receive a TOC Invitation by email from ACTIVATE. The TOC Invitation email will indicate the specific ACTIVATE location the player has qualified to participate at and provide important instructions on next steps, including how to accept the TOC Invitation and the deadline for accepting ("Invitation Response Date"). ACTIVATE is not responsible for any changes to a player's email address or for missed communications, including the failure to receive a TOC Invitation, arising from inaccurate contact information, spam or junk mail filters or otherwise.

A player may qualify at multiple ACTIVATE locations (and therefore may receive more than one TOC Invitation) but may only accept one TOC invitation. Therefore, if a player qualifies for a TOC in multiple ACTIVATE locations, they must select their preferred Tournament location by accepting the TOC Invitation for that location. A player is committed to the first TOC Invitation they accept. If a player accepts more than one TOC Invitation, only the first TOC Invitation they accept will be valid. Any subsequent TOC Invitations accepted by that player will not be considered.

Players who accepted a TOC Invitation to participate in a TOC must complete the "Player Package" they received by email in the TOC Invitation, along with any further documentation that may be requested to supplement and complete the Player Package. To be eligible to participate, a player must complete and provide all information to ACTIVATE as specified in the Player Package, in the manner identified in the Player Package (for example, via email, at the specified email address). For example, the Player Package may contain:

Tournament details, including information on how to select the heats the player wishes to compete in ("Heat Notice") and the Tournament layout,
ACTIVATE's Liability Waiver;
Instructions identifying all required information the player must provide to ACTIVATE to participate and complete their registration in the TOC; and
Instructions on how to return all required forms and information to ACTIVATE to complete their registration in the TOC, including the deadline for registration ("Registration Response Date").

If a player does not respond to a TOC Invitation by the Invitation Response Date, or fails to register or provide all required information requested, including completing the Player Package by the Registration Response Date, their TOC Invitation will automatically be deemed to be declined.

Declining a TOC Invitation to participate at an ACTIVATE location, either directly or indirectly (for example, by not responding to a TOC Invitation by the Invitation Response Date or by not registering or providing required information by the Registration Response Date), may be permanent irreversible. For example, if there is no timely response to a TOC Invitation or a TOC Invitation is expressly declined, another player may be invited to participate in the TOC in lieu at ACTIVATE's sole and absolute discretion.

Reminder! Players must ensure that they meet all Eligibility Requirements before accepting a TOC Invitation and registering for a TOC, as outlined in these Terms and Conditions.

Practice Sessions: Each ACTIVATE location may provide practice sessions for its TOC, at its sole and absolute discretion. Practice sessions will be subject to terms and conditions set by ACTIVATE, and may vary by location.

Tournament: Players will compete in the Tournament portion of the TOC in their designated heat at the ACTIVATE location in which they have qualified and registered. Each player will be scheduled to compete against the other players in their heat in a series of eight (8) different games, as determined by ACTIVATE in its sole and absolute discretion. Two breaks may be provided during the game sets for each heat. Break placement may differ by ACTIVATE location and break timing is subject to change, depending on how the games and heat times progress at each ACTIVATE location. In the event a player does not participate in one or more games in the heat, such game(s) may be deemed forfeited in ACTIVATE's sole and absolute discretion, with the player receiving a score of "0" for such game(s) in the heat.

The TOC uses a pre-selected list of games for each participating ACTIVATE location. Please note that the games list for the TOC at participating locations will be revealed in/around March 3, 2026, and ACTIVATE reserves the right to change, alter, update, or remove games from the list in its sole and absolute discretion. Generally, the list varies slightly from location to location based on what games are available, but the games are intended to be generally similar in difficulty from location to location, and all heats at a participating ACTIVATE location will compete in the same eight (8) games during the Tournament. To keep things exciting, ACTIVATE typically changes the game lineup for TOC each year.

Heat Registration: On the day of the Tournament, players who have qualified and registered for a TOC will arrive at the specific ACTIVATE location they are participating at to register for their heat, as indicated in their Registration Completion Notice (i.e. the confirmation email that confirms the player is registered for the TOC). Each heat will have a designated registration time and a designated start time for its first game (provided in the Registration Completion Notice). Registration for each heat opens thirty (30) minutes before the scheduled start time of that heat's first game and closes five (5) minutes before ("Registration Period"). Players must register during the Registration Period for their heat in order to participate in the Tournament. Failure to register during the Registration Period for a player's heat may result in automatic disqualification from the Tournament, as determined by ACTIVATE in its sole and absolute discretion.

Scoring: Scoring for TOC may differ from regular ACTIVATE scoring, and will be determined in ACTIVATE's sole and absolute discretion. For example, TOC scoring may be scaled for solo or individual play, and there may be variations to how scores are awarded from normal ACTIVATE game play. By way of example, in the TOC, players will not receive level bonuses that are received in regular ACTIVATE gameplay. The ACTIVATE team will go over the order of games before a heat begins, and players will be notified of their starting game during their onsite registration before their heat. ACTIVATE reserves the right to require and/or permit replays in its sole and absolute discretion.

Players are encouraged to wait at the ACTIVATE location they are participating at for the results of their Tournament, but may leave and return closer to the scheduled start time of the Awards Ceremony. Players do not need to be present at the Award Ceremony to collect a prize, if they are awarded with one in the TOC.

Winners: Once all heats at an ACTIVATE location have completed their games, the ACTIVATE team at that location will begin determining winners of its TOC. The ACTIVATE team will determine which players achieved the top three (3) cumulative scores during the TOC, in its sole and absolute discretion, including based on reviewing videos taken of games played to ensure the legitimacy and integrity of the scores each player achieved. Once the ACTIVATE team has validated the scores, it will announce the winners of the TOC.

The players with the top three overall scores at each participating ACTIVATE location will win first, second, and third places, respectively, for that location's TOC, and a corresponding prize. Therefore, even though players compete in heats, all players at a single ACTIVATE location compete against one another in a TOC. Once all heats are completed, results will be announced that night at the relevant ACTIVATE location, with an email confirming the results to follow, and results may also be posted to ACTIVATE's website and/or be posted at participating locations or otherwise publicly announced.

The following prizes are available to be awarded by ACTIVATE for the 2026 TOC:

First Place will win a gift card totalling approximately $1500 in the local currency of the relevant participating ACTIVATE location in which the player participated in the TOC;
Second Place will win a gift card totalling approximately $1000 in the local currency of the relevant participating ACTIVATE location in which the player participated in the TOC;
Third place will win a gift card totalling approximately $500 in the local currency of the relevant participating ACTIVATE location in which the player participated in the TOC.

Each prize will be given out at the specific ACTIVATE location where it was won. Please note that while most paperwork required for participation in a TOC is provided in the Player Package, and returned prior to the start of a TOC, winners will need to complete additional forms relating to prizes before they will be able to collect their prize. See Section 6 of these Terms and Conditions, namely "Winner Selection and Confirmation", for more details.

Please also note that in some countries, tournament and competition winnings are subject to tax. By participating, Players understand and agree that if they are playing in such a country, any prize they win in the TOC may be subject to tax, and they may be required to pay such tax and complete associated documentation before being able to collect their prize. Players playing in a country where winnings are subject to tax represent and warrant that: (a) they are solely responsible for (i) the payment of any and all applicable taxes incurred with winning a prize in the TOC, including where such taxes must be paid prior to collection of a prize; and (ii) completing all associated documentation and providing all associated information, where required; they hereby indemnify ACTIVATE and Releasees (as defined in Section 9 herein) against any and all claims that may be made for the non-payment of any taxes.

ACTIVATE reserves the right, in its sole and absolute discretion, to change the prizes awarded to players during a TOC, without notice. Please also note that prizes in the form gift cards are subject to the gift card providers' terms and conditions, and gift card activation and/or other service fees may be levied by the gift card provider against the value of the gift card.

Awards Ceremony: Each participating ACTIVATE location will have an awards ceremony for their TOC, where the First, Second and Third place winners will be announced, and Winning players may be listed on the ACTIVATE website and at all participating locations, and they may be identified by their player profile name and given name. Winning players do not have to be present at the Awards Ceremony to collect their prize. Please note that each participating ACTIVATE location may have a TOC trophy on site, and the winning players names may be engraved on the ACTIVATE TOC trophy for that respective participating location.

Winner Selection and Confirmation

Players eligible to win will be selected by ACTIVATE, in its sole and absolute discretion, based on ACTIVATE's determination of the final cumulative scores in the TOC at each ACTIVATE location, and subject to validation of each winning player's score by ACTIVATE following video review by ACTIVATE.

Each winning TOC player will be notified by email the evening of the TOC in which they participated, and within five (5) business days of the close of the TOC at the latest, via the email address associated with their player profile. Each prize will be given out at the specific ACTIVATE location where the prize was won. If a player fails to collect a prize within thirty (30) days, it will be forfeited. Once a prize has been forfeited, it cannot be claimed by a player. All unclaimed prizes may be donated by ACTIVATE to a local charity selected by the participating ACTIVATE location.

Players will be confirmed that they are a TOC winner if they have signed and returned ACTIVATE's Declaration of Eligibility and Liability/Publicity Release Form and its Release, Discharge of Liability and Indemnification Agreement Form by the Registration Response Date. By signing these forms, each participant confirms that: (i) they meet all Eligibility Requirements for entering a TOC as described herein and their compliance with these Terms and Conditions; (ii) they agree to accept the prize as offered; and (iii) they agree that they are providing a full and final release of ACTIVATE and Releasees (as defined herein).

Photo, Video and Appearance Release

ACTIVATE may use and display the player profile names participating in a TOC, as well as photos and videos featuring participating players, including, without limitation, interviews featuring such players taken prior to, during, and after the TOC (or an individual TOC) commences, for promotional and marketing purposes. Such promotion may be, but is not limited to, ACTIVATE's public displays in participating locations and on its social media pages. By participating in the ACTIVATE TOC, or any part thereof, you consent to such use and display. The release, and right to use, names of players, and photos and videos featuring players, is without financial compensation to participants in the TOC. Players do not have a right to, and expressly waive any right to, review or approve any uses of the names of teams and players, and photos and videos.

Contact Information

Players are solely responsible for ensuring their given name and contact information associated with their player profile is accurate and up to date. ACTIVATE is not responsible for any changes to a player's information, including their email address, mailing address and/or telephone number, or for missed communications arising from inaccurate contact information. ACTIVATE is not responsible for any inaccurate capture of player information. All TOC related information becomes the property of ACTIVATE and no TOC related information will be returned to players. ACTIVATE has no responsibility for lost information or for any failure of the ACTIVATE app or website, for any problems or technical malfunction of any computer network, telephone network or lines, computer systems, servers, access providers, computer equipment, gaming equipment, software, failure of any email or other information to be received by ACTIVATE, or any combination thereof. ACTIVATE is not responsible if a player is unable to access any app or website, computer or other device.

If the identity of a participant is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address associated with the relevant player profile ("Authorized Account Holder"). Each participant may be required to provide proof that he/she is the Authorized Account Holder associated with a player profile, at ACTIVATE's sole and absolute discretion. Any prize inadvertently awarded to a participant or team who ought to have been disqualified by these Terms may be reclaimed by ACTIVATE.

Supplemental Waiver, Release & Limitation of Liability

Without limiting any other provision in these Terms and Conditions, including in the Waiver, each player assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in the ACTIVATE Tournament of Champions.

To the fullest extent permitted by applicable law, all TOC players, on behalf of themselves and any minor that accompanies them to an ACTIVATE facility, and their respective heirs ("Releasors") RELEASE, WAIVE, RELINQUISH, ACQUIT, FOREVER DISCHARGE, COVENANT NOT TO SUE AND TO HOLD HARMLESS ACTIVATE and all their respective shareholders, affiliates, subsidiaries and affiliated businesses and locations, together with their administrators, successors, assigns, representatives, agents, agencies, designees, officers, directors, employees, partners, suppliers and insurers ("Releasees") from and against any and all demands, claims, liabilities, damages or cause of action of any kind, that players ever had, now have or might in future have ("Claims"), arising out of, or in connection with participation, attempted participation or inability to participate in a TOC, the administration of a TOC, their use of an ACTIVATE facility, the selection and confirmation of winners, and the awarding, or receipt, or use, misuse of, or inability to use any prize, including, without limitation any and all Claims: (a) relating to any personal injury, death or property damage or loss, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, including without limitation, relating to the use of names of, and photos and videos featuring players (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, (d) based upon any allegation of a violation of the laws, rules or regulations relating to personal information and data security; (e) unauthorized human or other intervention in a TOC, technical failures, problems or errors, inaccurate or incorrect capture of information, including with respect to scores, or other errors in the administration of a TOC, TOC materials, and the selection and confirmation of winners; and the foregoing is notwithstanding that any such loss, injury, damage, death or inconvenience may have arisen by reason of the actions, omissions, breaches of any duty or other duty of care (including owing under any applicable Occupiers Liability legislation), negligence or gross negligence of ACTIVATE, a player, or any others.

THE TOC AND ALL PRIZES AVAILABLE TO BE AWARDED ARE "AS IS", "WHERE IS" AND WITHOUT ANY REPRESENTATIONS, WARRANTY OR CONDITION, EXCEPT AS REQUIRED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USE AND ANY RELIANCE ON THE TOC, INCLUDING ANY PRIZE, IS AT A PLAYER'S OWN RISK. THE ACTIVATE TOC AND ALL INFORMATION, CONTENT, MATERIALS AND PRIZE INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE TOC, INCLUDING THROUGH OR WITH AN ACTIVATE PLAYER PROFILE, ARE PROVIDED BY ACTIVATE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (OTHER THAN THESE TERMS AND CONDITIONS), WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE, USAGE, TRADE, CUSTOM OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACTIVATE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, COMPLETENESS, ACCESSIBILITY, TITLE, MERCHANTABLE QUALITY, DURABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, ACTIVATE WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES SUFFERED OR INCURRED BY PLAYERS RELATING OR IN ANY WAY CONNECTED TO THE TOC. PLAYERS ARE RESPONSIBLE FOR THEIR OWN SAFETY AND WELL-BEING WHILE IN ACTIVATE'S FACILITIES. ACTIVATE WILL NOT BE LIABLE TO ANY PLAYER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO PARTICIPATION OR THE INABILITY TO PARTICIPATE IN A TOC, THE USE OR MISUSE OF, OR INABILITY TO ACCESS OR USE AN ACTIVATE FACILITY, OR ANY ACT OR OMISSION ON PART OF ACTIVATE, INCLUDING FOR ANY HARM, INCLUDING DEATH, HARM TO PERSONS, PROPERTY, REPUTATION OR GOODWILL, AS WELL AS LOSS OF DATA, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY ACTIVATE OR ANY PERSON FOR WHOM ACTIVATE IS RESPONSIBLE, AND EVEN IF ACTIVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

Indemnity

EACH PLAYER EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from, against, and for any and all Claims, loss, demands or actions that may be brought by any of the Releasors or by any other persons arising out of or in consequence of any loss, injury, damage, death or inconvenience to person or property incurred by or in association with a Releasor's attending of an ACTIVATE facility or participating in the ACTIVATE games and activities, including programs such as the TOC. Each player further EXPRESSLY AGREES TO REIMBURSE AND TO MAKE GOOD TO ACTIVATE any costs, including legal costs or expenses, ACTIVATE may incur as a result of any such loss, action, claim or demand.

Intellectual Property

Each participant acknowledges and agrees that ACTIVATE owns all right, title and interest in and to the TOC, games, activities, website (www.playactivate.com), content contained on such website, etc., and all intellectual property rights in or related to any of the foregoing, and agrees not to contest or challenge any of the foregoing or ACTIVATE's ownership thereof.

General Conditions

By participating in a TOC, each participant: (i) acknowledges they have read and understood these Terms and Conditions, accepts and agrees to be bound by them and all decisions of ACTIVATE, which shall be final and binding, without right of appeal, in all matters relating to a TOC and the awarding of prizes; (ii) represents and warrants they have and will comply with these Terms and Conditions and are eligible to enter the TOC; and (iii) represents and warrants that there is no legal or contractual restriction barring participation, including, without limitation, any restriction from a participant's employer or company.

IF, FOR ANY REASON, TOC IS NOT CAPABLE OF RUNNING AS PLANNED, ACTIVATE RESERVES THE RIGHT AT ITS SOLE AND ABSOLUTE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND A TOC, INCLUDING ANY GAME, OR ANY ROUND, QUALIFYING PERIOD OR TOURNAMENT, AT ANY TIME WITHOUT NOTICE OR OBLIGATION. ACTIVATE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO AMEND OR MODIFY THESE TERMS AND CONDITIONS. ACTIVATE SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF A TOC AND OR AWARDING OF A PRIZE.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A TOC MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ACTIVATE RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROGRAMS.

Except where prohibited, you agree that any and all disputes, Claims and causes of action arising out of, or connected with, a TOC or any prize awarded shall be resolved individually, without resort to any form of class-action, and exclusively by provincial courts located in the province of Manitoba, Canada to the maximum extent permitted by law, and otherwise, by courts in the province in which the ACTIVATE facility to which I am attending at the material time is located, and in any case, without giving effect to any choice of forum or conflict of law rules of any jurisdiction, which would provide another forum with jurisdiction other than those specified herein. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of ACTIVATE in connection with the ACTIVATE Next Level Rewards Program, shall be governed by, and construed in accordance with the laws of the province of Manitoba, and the Federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules of any jurisdiction, which would cause the application of the laws of any jurisdiction other than those specified herein. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of ACTIVATE in connection with a TOC, shall be governed by, and construed in accordance with the laws of the province of Manitoba, and the Federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules of any jurisdiction, which would cause the application of the laws of any jurisdiction other than those specified herein.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TOC is void where prohibited by law.