Konami Digital Entertainment Co., Ltd., a company duly incorporated under Japanese law, with its headquarters at 1-11-1 Ginza, Chuo-ku, Tokyo 104-0061 Japan (“Konami”, “we”, “us”, or “our”) participates in “Olympic Esports Series 2023” (the “OES”) held by the International Olympic Committee (the “IOC”).
We appreciate your interest in “OES Baseball Event Global Online Qualifiers”, an event held by Konami (the “Event”), which serves as a qualifying event for “Olympic Esports Finals 2023 Baseball Event @ Singapore” (the “Finals”), another event held by the IOC.
Before participating in the Event, you must thoroughly review these terms and conditions (“Terms”) and agree to comply with these Terms. If you do not agree to these Terms, you may not participate in the Event.

1. Overview.

OES Baseball: Global Qualifiers, the Event, is the eSports event for “WBSC eBASEBALL™: POWER PROS” (the “Game”) and serves as a qualifying event for the Finals. Details of the Event are available at [https://www.konami.com/pawa/wbsc/en/event/oes].

2. Requirements for Participation.

(a)If you are a minor under the laws of your country of residence (“Laws”) at the time you agree to these Terms, you must obtain consent from your parent(s) or legal guardian(s) (the “Legal Guardian”), as required under the Laws. You affirm (i) that you have obtained consent from your Legal Guardian, or (ii) that your Legal Guardian acted on your behalf, to agree to these Terms.

(b) You must own your own Game and be able to use it to participate in the Event. This requires you to agree to the “Terms of Use (WBSC eBASEBALL™: POWER PROS) ” that applies to your use of the Game (“Game Terms”) .

• (c) You must meet the following requirements to advance to the Finals.
  • (i) You must be a resident of any country or territory other than Japan.
  • (ii) You must be 16 (sixteen) years of age or older at the time you participate in the Event.
  • (iii) You must be able to make an appearance at the venue of the Finals (scheduled to be held in Singapore in June 2023). This includes your possession of the passport by the time you visit Singapore.
  • (iv) Once you qualify for the Finals, you will be asked to confirm and agree to the requirements imposed by IOC separately from these Terms (the “IOC Requirements”) . You will not be able to advance to the Finals if you disagree to the IOC Requirements, which includes your grant to the IOC your consent to photograph and record your portrait and voice in connection with the Finals, and to use such photographed and recorded portrait and voice (including but not limited to, distributing video footages of the Finals) .
  • (v) Konami may impose other requirements to the participants, including you, from to time to time at Konami’s sole discretion.

3. Rules of Conduct.

In addition to other terms and conditions of these Terms, your participation to the Event is conditioned upon your compliance with rules of conduct set forth in this section. If you fail to comply with such rules, or if we reasonably determine that you may result in such a failure, we may terminate your right to participate in the Event or disqualify you (“Disqualify”, “Disqualified”, or “Disqualification”). Unless otherwise approved by Konami, any participant who is Disqualified will be banned from participating in any future event(s) held by or co-organized by Konami.

• (a) You agree that you shall not:
  • (i) Provide us with any false information.
  • (ii) Publicly disclose any false information on the Event.
  • (iii) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Konami or any third party, including without limitation intellectual property rights and rights of privacy or publicity.
  • (iv) Conduct any activities (A) for the purposes of achieving monetary gain of any kind in relation to the Event, or (B) that is against the law and/or public policy.
  • (v) Conduct any activities that is not in compliance with any terms, conditions, regulations and/or any other rules that we impose in relation to your use of the Game and/or participation in the Event, including but not limited to, the Game Terms and these Terms. Such activities include the following.
    • (A) Assigning or transferring your Game data to any third party.
    • (B) Sharing the Game account with any third party or letting any third party use your Game account.
    • (C) Attempting to gain for yourself or any third party any unfair advantage with respect to the use of the Game or participation in the Event.
    • (D) Participating in the Event using multiple Game accounts.
  • (vi) Conduct any other activities that may in any way restrict, inhibit, or interfere with, the operation of the Event.
• (b) You agree that you shall follow our instructions at all times.

4. Disclaimer of Warranties; Limitation of Liability.

To the maximum extent permitted by applicable law, Konami makes no guarantees or warranties of any kind, express or implied, regarding the Event; your participation to the Event is at your own risk. and Konami is not responsible for any matters, including but not limited to the following, provided that there is no intentional or grossly negligent act carried out by Konami.

• (a) The Event may be changed, temporarily suspended, or terminated, with or without notice, at Konami’s sole discretion.
• (b) We may not be able to advance you to the Finals depending on your country or territory, due to technical reasons etc., including but not limited to, access limitations imposed by the third-party cloud service that the Game uses for online game-matching.
• (c) Any disadvantages caused to you (including disqualification) by interruption, errors, defects or any other difficulties in using the software or the server of the Game, any devices, applications, networks or any other tools etc. that you use in relation to the Event.
• (d) The Finals are held solely by the IOC. Your participation to the Finals is ultimately depending on how the IOC organizes the Finals.
• (e) Any disputes arising among you and any third party, including but not limited to, the IOC, or other participants of the Event.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KONAMI NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS, SPONSORS, OR AGENTS, NOR ANY SUBSIDIARIES, AFFILIATED ENTITIES, OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY OF THE FOREGOING ENTITIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATING TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE EVENT, OR ANY OTHER SUBJECT MATTER OF THESE TERMS.

5.Warranty.

You warrant that all information you provide to Konami in relation to your participation in the Event is true and accurate, and without error or misrepresentation. You will accept without any objection any request that Konami, the IOC, or any third party(ies) appointed by the foregoing may make in order to verify your information, including but not limited to, the request to present your passport or other certificates.

6.Severability.

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.

7.Governing Law.

These Terms are governed by and shall be construed in accordance with the laws of Japan without giving effect to any choice of legal rule that would cause application of laws of any jurisdiction other than Japan.

8.Jurisdiction.

All disputes and controversies arising out of or in connection with these Terms shall be resolved exclusively by Tokyo District Court, and you hereto agree to submit to the jurisdiction of said court and agree that the venue shall lie exclusively with such courts.

9.Language.

These Terms have been prepared in, and shall be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of the Terms, the meaning and interpretation of the Terms prepared in English shall prevail.