Terms and Conditions

Please read this agreement carefully.  This agreement for the Victory Up service is a binding, legal contract between you and Victory Up.  By registering for, accessing, browsing or using the Victory Up service, you acknowledge that you have read, understood, and agree to be bound by the terms contained in this agreement. 

1. General

1. By accessing, browsing or otherwise using any part of the Victory Up service, you accept, without qualification or limitation, this agreement and the terms contained in this agreement. If you, at any time do not agree with any of these terms contained in this agreement, you are prohibited from using Victory Up Service.
2. If we need to contact you, we may do so by email provided in your registration or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications
3. These Terms, and any dispute relating to these Terms or the Website and Underlying System, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Victory Up.
4. For us to waive a right under these Terms, the waiver must be in writing.

2. Changes

1. Victory Up reserves the right, at any time and at our sole discretion, to change or modify these Terms and Conditions applicable to your use of the Victory Up service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms. By continuing to use Victory Up website, you agree to be bound by these changes.
2. We may change, suspend, discontinue, modify or restrict access to, the Website without notice;

3. Eligibility

1. Victory Up service is intended for users who are 13 years of age or older. Any registration by, use of or access to the service by anyone under 13 years of age requires permission from a parent or legal guardian, who must read these Terms and Conditions and Privacy Policy and agree to be bound by them, on behalf of their minor child consent from their Parent or Guardian.
   1. Victory Up reserves the right to confirm that such permission has been granted and to close or restrict any Accounts until Victory Up is satisfied that a parent or legal guardian has read the Terms and Conditions and agrees to allow their minor child to hold an account.
   2. Victory Up recommends that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 13 years of age when online.
2. If you are aged 13 but under 18 years of age, you and your parent or guardian must review this Agreement and our Privacy Policy together. Parents/ guardians are jointly and liable for all acts (including for purchases and payments) and omissions of their children aged under 18 years when using the Victory Up Service. 
   1. Additionally, some of the content on the Victory Up Service may not be appropriate for individuals under 18 years of age.
3. By using any of the services on the Website, you represent and warrant that you are 13 years of age or older or you have received parental or guardian permission and that you agree to and abide by all of these Terms and where you are between the ages of 13 and 18 you will comply with the specific game related age restrictions and/or guidelines in the jurisdiction in which you reside.
4. In order to register and participate in any competitions with Victory Up, an individual must
   1. Be a natural person, Aged 13 years old or older ( Unless Consent has been approved), with an email address assigned that has been represented on registration
   2. At all times comply with these terms
   3. be a citizen or resident of a country ("Territory") where skilled gaming is legal (as applicable from state to state within a given Territory);
   4. be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws
5. We may at any time require any user to provide proof of Eligibility and Identity to participate in order for the user to continue to access Victory Up, and each user hereby acknowledges and accepts this condition of their participation as a measure to ensure the security of Victory Up.
6. Each User will be required to provide proof of eligibility and/or identification prior to receiving a prize.
7. If you open an account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated and all winnings (if any) voided.
8. Failure to provide evidence of your eligibility and/or identification satisfactorily to Victory Up.
   1. in our sole and absolute discretion, shall result in the suspension and/or termination of your account
   2. forfeit all prizes won and held in your account.

4. Use of Victory Up

1. You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms.
   1. This information must be kept up to date
      
   2. Including your current country of residence
      
2. You must immediately notify us if you become aware of any disclosure or unauthorised use of your Victory Up account/profile or password, by sending an email to [email protected]
   
   1. Failure to notify Victory Up can result in a loss of Account and all associated Prizes
      
3. You shall not (hereinafter, collectively “Rules of Conduct”)
   1. Post, upload, distribute, publish or otherwise transmit through Victory Up any content or other items that
      1. Remove, circumvent, disable, damage or otherwise interfere with security-related features of Victory Up, features that prevent or restrict use or copying of any content accessible through Victory Up, or features that enforce limitations on the use of Victory Up;
         
      2. contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      3. use any robot, spider, scraper, crawler or other automated means to access the Victory Up Service for any purpose or bypass any measures Victory Up may use to prevent or restrict access to the Victory Up; 
      4. contain or is an unsolicited offer, advertisement, proposal, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including, without limitation, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
         
      5. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Victory Up Service or any part thereof;
      6. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any such content, you hereby represent and warrant that you have all necessary rights to distribute and reproduce any such content;
      7. contain personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
      8. may be considered threatening, harassing or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
      9. charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
         
      10. may constitute, encourage or provide instructions for a criminal offense, violate the rights of any party;
      11. may be unlawful, libelous, abusive, defamatory, obscene, profane, offensive, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or otherwise objectionable in any way or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
      12. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Victory Up, or perform any other similar fraudulent activity;
      13. Attempt to indicate in any manner that you have a relationship with Victory Up that does not actually exist or that Victory Up has endorsed you or any products or services for any purpose.

5. Intellectual Property

1. The Victory Up Service and each Website are owned and operated by Victory Up. All content, trademarks and other proprietary materials and/or information on Victory Up, including, without limitation, Victory Up logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

6. Membership & Subscriptions

1. All Victory Up account holders may access the Website and tournaments by any of our subscriptions:
   
   1. Casual membership is a free subscription-based service, that offers a limited amount of features
      
   2. Competitive membership is a paid fee-subscription, that offers full range of Victory Up service
   3. Each account belongs to that user who registered upon activation of their Victory Up account and is non-transferable
   4. You are only permitted to sign up for one active account on the Site. Additionally;
      1. Victory Up only allows users to have one account.
         
      2. Victory Up reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be suspended without notice; Until verification has been confirmed
      3. Victory Up reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas.
         
      4. Victory Up reserves the right to limit your activity on the site in any way it deems appropriate, in its sole discretion.
      5. Victory Up reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits applied to your account.
      6. For any account that has been dormant for 90 consecutive days on Victory Up services, Victory Up reserves the right to;
         1. Suspend the users account
      7. For any account that has been dormant for 180 consecutive days on including the dormant period of 90 days Victory Up services, Victory Up Reserves the right to;
         1. Cancel and/or remove the account from Victory Up service If account holds less than $50.00 NZD or the equivalent of Victory Points
            
         2. If your account holds more than $50.00 NZD or the equivalent of Victory Points, Victory Up will make reasonable attempts to contact you using your provided email address, so that you can be refunded the remaining balance to your nominated bank account
            

7.Entry Tokens

a. Casual and Competitive members will have the chance to win Entry Tokens;

i. Entry Tokens are solely used as an alternative entry to a select number of tournaments 

ii. Entry Tokens can only be used to enter tournaments that has Entry Tokens as an Entry Fee option

iii. All users are eligible to win Entry Tokens in either Casual or Paid tournaments

iv. Entry Tokens are non-redeemable for cash value

8.Victory Points and Prize Money

a. When you win a Victory Up premium tournament;

i. Your account will be credited with Victory Points, this is awarded at the completion of a tournament but can take up to 7 days.

ii. These are transferable to a monetary value of 1 Victory Point is equivalent to $1.00 NZD

iii. For team tournaments, all prize money will be divided evenly between team members who participated in the tournament.

b. Victory Points

i. Victory Points are the main ‘currency’ applied to the Victory Up site.

ii. Victory Up is a place where Victory Up users build their own VP account.

9.Digital Raffle Tickets – Online Prize Draw

1. Digital Raffle Tickets (DRT) are awarded throughout Victory Up in multiple ways
2. DRT can only be redeemed in Victory Up online prize pools and are open to all users of the Victory Up service
   1. Entry Credits are the equivalent of 1 Victory Point and are not redeemable for cash
   2. Entry Credits can only be used to enter Premium Subscription tournaments
3. DRT are not redeemable for cash
4. Winner of Online Prize draw will be notified by email immediately on completion of the prize draw
5. Prize draw is completed at random and is built into the underlaying system of Victory Up
6. Victory Up does not have the ability to choose Winners of the draw
   

10.Withdrawing funds

1. The minimum amount you can withdraw from your account is 20 Victory points ($20 NZD). You can do this from within your profile page
   
   1. Upon a withdrawal request, you will be required to complete our withdrawal form
      1. It is your responsibility to ensure this form is completed fully and with accurate information
   2. Upon a completed withdrawal form (less the standard PayPal withdrawal fee) the amount will be credited into your nominated Paypal account within 10 business days.

11. Payments, Refunds and Cancellation

1. If you have purchased a Competitive membership (Paid Subscription) for the first time, you have a 7 day trial period and have the right to change your mind and cancel your subscription.
   1. Unless you entered and/or completed a tournament that is exclusive to the Competitive membership
2. Victory Up may change the price for the paid subscription from time to time, and will communicate any price changes to you. Any price changes for competitive membership will take effect at the start of the next subscription period following the date of the price change. By continuing to use Victory Up after the price change takes effect, you accept the new price.
3. Monthly subscription fees include transaction fees and GST applicable to your country of residence. Your country of residence when registering for our subscription service must be accurate.
4. If you have a paid monthly subscription, your payment to Victory Up may automatically renew at the end of the subscription period, unless you cancel your paid subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and your subscription privileges will be removed from your account. However, if you cancel your payment and/or terminate the Terms after the Trial Period is over (where applicable), and/or after the end of any subscription period, you will not be refunded any subscription fees already paid to us.
5. Subscription payments are non-refundable and we do not provide refunds for any unused subscription time or user subscription error(s).

12.Code of Conduct

1. Victory Up is a casual and competitive gaming community as such all users are to adhere to a strict Code of Conduct you will find this policy at Code of Conduct.
   

13.Victory Up Online Tournaments

1. By Competing in a Victory Up Online Tournament you agree to;
   1. Adhere to the Code of Conduct and 15 Minute rule at all times
   2. All Victory Points used for entry will be refunded to your account only if you
      1. withdraw from a tournament prior to registrations closing
      2. your team withdraws from a tournament prior to registrations closing
      3. if the tournament is cancelled
   3. All times are stipulated in UTC +12:00 Auckland, New Zealand
   4. All refunds will be in Victory Points only as no tournaments will be a cash entry
      1. Refunds will be credited back into your account within 48 hours.
   5. By joining a tournament you agree to the tournament rules posted on the tournaments overview page.
   6. Various tournaments are scheduled to be completed within 6 hours, however
      
      1. there is a possibility that some tournaments will run much longer
      2. Some tournaments are held over a period of days and weeks, this information will be provided during registration of the tournament
   7. Being ready for tournament start
      1. Victory Up 15 Minute Rule applies (Code of Conduct)
   8. Victory Up reserves the right to cancel a tournament and refund all entries their Victory Points (if applicable) at any time.
   9. You agree to provide all video recordings direct from the platform of your matches (if applicable) to Victory Up, Failure to provide a recording direct from your platform will result in you being banned from the tournament system and any prize forfeited.
   10. You agree that the Victory Up disputes team will review any disputed matches and may overturn any matches as we see fit. If your match is overturned due to what we have determined at our (sole discretion) is cheating, you and/or your team will be subject to disciplinary action outlined in Victory Up’s Code of Conduct. You will also be ineligible to receive any prize.
   11. In the event that a match dispute arises, that is deemed unlikely to be resolved within 30 minutes, Victory Up reserves the to refund both players and/or teams (if applicable) and withdraw them 'mid-tournament.
   12. Tournaments that have no entry fee but have a prize will have the winnings split between all members including subs, regardless of whether they competed in a match.
   13. Teams that win Victory Points have the winnings split evenly between all members that have paid their entry fee, including subs (irrespective of if they played or not).
   14. The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game.
   15. If there are significant internet issues that affect multiple players and/or teams we reserve the right to cancel a tournament and refund all users;
       1. If the tournament is in Playoff stages Victory Up will reset the tournament at a date and time sole at its discretion.
   16. If the Victory Up service or its Underlying System suffers significant issues, the entire tournament will be cancelled.
       1. If the tournament is in Playoff stages Victory Up will reset the tournament to that stage and if data is not lost and if applicable at a date and time solely at its discretion.
   17. All disputable issues that are known at the start of a match must be resolved before the match starts.
       1. These will need to be raised by emailing [email protected] with the tournament ID
   18. You have confirmed you are legally able to compete in our tournaments in your jurisdiction.
       

14. Content

1. By submitting content to Victory Up, you are agreeing and bound by the conditions that
   1. Your submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
      
   2. Your submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity.
      
   3. Your submitted content does not contain personally identifiable information about other persons, such as their phone number, identifiable pictures, contact information or email address, or information about that could result in an invasion of their privacy or their harassment.
      
   4. You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display content throughout the world for any purpose and in any media (including for advertising or other commercial use).
      
   5. You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any content for any reason from the website.
      

15. Cheating

1. We have a strict zero tolerance policy on cheating. Users who are caught cheating in any game on any platform are not permitted to compete on any Victory Up service.
   1. Refer to our Code of Conduct
      

16. Privacy

1. Your privacy is very important to us. We have developed our Privacy Policy which provides further details about how we collect, use and disclose your personal information. For further details please visit our Privacy Policy

17. Disclaimer of Warranty; Limitation of Liability

1. To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with. Use of the Victory Up service, any product and any information, content or materials contained therein is at your sole risk.
   1. Neither Victory Up, Victory Up’s affiliated companies, Victory Up’s non-affiliated partners, nor any of their respective parent companies, affiliates, subsidiaries, officers, directors, employees, agents, third party content providers, sponsors or licensors (collectively the “Victory Up parties”) warrant that the Victory Up service, any product or any information, content or materials contained therein will be uninterrupted, timely, secure or error free;
   2. nor do they make any warranty as to the results that may be obtained from use of the Victory Up service, any product or information, content or materials contained, or as to the accuracy, reliability or content of any information, service, or merchandise provided or purchased through the Victory Up service or any product.
   3. Any material downloaded or otherwise obtained by you through the Victory Up service or any product is done at your own discretion and risk. You will be solely responsible for any damage or potential damage to your computer system and/or console or loss of data that results from the acquisition of any such material.
   4. the Website or Underlying System being unavailable (in whole or in part) or performing slowly
   5. any error in, or omission from, any information made available through the Website or
   6. any exposure to viruses or other forms of interference which may damage your computer system and/or console or expose you to fraud when you access or use the Website or Underlying System. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the Website or Underlying System protects you from this
   7. Visiting or using any third-party link from the Website is at your own risk. Once you leave our Website you are bound by the Terms and Conditions, privacy policy and other rules or policies related to that third-party site. We will have no liability with respect to acts, omissions, errors, representations, warranties, breaches, or negligence of any third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third parties.
   8. The views, opinions or positions expressed by users and those providing comments are theirs alone, and do not necessarily reflect the views, opinion, or positions of Victory Up or any employee thereof.
   9. Victory Up reserves the right to delete, edit, or alter in any manner it sees fit, entries or comments that it, in our sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, is determined at Victory Up’s discretion to amount to hate speech or is otherwise unacceptable.
   10. You agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation in our competitions. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any online competition offered by Victory Up, nor shall any person affiliated with or claiming affiliation with Victory Up have authority to make any such representations or warranties.
   11. We make no representation or warranty that the Website or Underlying System is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website or Underlying System is not illegal or prohibited, and for your own compliance with applicable local laws.
   12. Any threat of legal action against Victory Up will likely result in your account/team being permanently removed from the Website and Underlying System.
   13. We reserve the right to refuse service to anyone for any reason.
       
       

18. Termination and Suspension

1. Upon termination
   1. if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, terminate your access to Victory Up or Underlying System (or any part of them).
      1. you must immediately cease using Victory Up and/or Underlying System and must not attempt to gain further access
2. Upon Suspension
   1. This will be actioned on a case by case basis
      1. Refer to Code of Conduct