By participating in ACTIVATE GLOBAL LEAGUE (“AGL”) you are agreeing to these supplemental Terms and Conditions, which complement ACTIVATE’s Waiver , Notification of Risk, Terms of Service and Privacy Policy. Please carefully read these Terms and Conditions, and ensure you understand and agree to them before you choose to participate. In the event of any conflict between these Terms of Service and information in marketing, advertising or other materials, these Terms will govern and prevail in all matters connected to AGL unless ACTIVATE determines otherwise.

AGL is a series of team-based competitions organized and operated by ACTIVATE that allows teams in different participating ACTIVATE locations to compete against each other for an opportunity to win prizes.

1. Eligibility Requirements to Participate:

The opportunity to participate in an AGL season is available to eligible players at participating locations only in Canada and the United States, upon valid registration for an AGL season and payment of the registration fee. To participate in AGL, players must meet all of the following eligibility requirements:   

(a)    Players must be 18 years of age or older at the time of registration, or provide a Consent to Participate form which has been signed by their parent or legal guardian (the player’s “Authorized Authority”), authorizing their participation in the AGL season for which they are registering;

(b)    Players, or their Authorized Authority, must have signed and returned the Release, Discharge of Liability and Indemnification Agreement form.   

(c)    Players must be a permanent legal resident of Canada or the United States at the time of registration and throughout the applicable AGL season.

(d)    Per team, a maximum of one (1) player may be an employee, representative, or agent of ACTIVATE or its affiliates, subsidiaries, parents, agents or licensees at the time of registration; other players on the team may not be an employee, representative, or agent of ACTIVATE or its affiliates, subsidiaries, parents, agents or licensees at the time of registration. For clarity, individuals who reside with an employee of ACTIVATE or its affiliates, subsidiaries, parents, agents or licensees may participate, provided they meet all eligibility requirements.    

(e)    Players must not already be registered to participate in the same AGL season, as part of another team and/or at another ACTIVATE location.  For clarity, players are only eligible to participate at one ACTIVATE location per AGL season, and on one team per AGL season.     

A player’s eligibility will be automatically revoked should they register to participate as part of more than one team, or at more than one ACTIVATE location in a single AGL season.

2. AGL Registration :

To validly register for an AGL season players must: (a) meet all Eligibility Requirements; (b) register a team of three (3) to five (5) eligible players; and (c) register to participate in a specific AGL season through a single authorized ACTIVATE location online at the following link (https://leagues.playactivate.com/en-ca/season/team/register)  at any point after the registration window for that season opens, and prior to it closing. Once a player registers to participate through an ACTIVATE location, the player is no longer eligible to register for any other location or team for the remainder of that AGL Season. PLAYERS ARE SOLELY RESPONSIBLE FOR ENSURING THEY AND ALL THEIR TEAM MEMBERS MEET ALL ELIGIBILITY REQUIREMENTS BEFORE REGISTERING AND/OR PARTICIPATING IN THE AGL, AN AGL SEASON, OR PART THEREOF.  ACTIVATE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO VERIFY ELIGIBILITY AT ANY TIME, AND DISQUALIFY ANY TEAMS WITH PLAYERS THAT ARE DETERMINED TO BE INELIGIBLE.

    Substitutions:  Teams may substitute one or more registered players with another player (“Substitution”) to play for the team on a particular round during AGL during the first five weeks only, provided there is at least one registered team member playing that day. Substitutions are not a member of the team.  Each Substitution must meet the following eligibility requirements: (a) they must acknowledge and agree to abide by these Supplemental Terms and Conditions and that they are not a member of the team and do not stand to win or partake in prizes; (b) they must otherwise  agree to ACTIVATE’s Waiver , Notification of Risk, Terms of Service and Privacy Policy; (c)   they must not be registered as part of any other AGL team; (b) if they are an employee, agent or representative of ACTIVATE, they), must be the only team member participating that day that is an employee, agent or representative of ACTIVATE (i.e. they must be the only ACTIVATE employee, agent or representative playing for the team that day).

3. Conduct & Disqualification

AGL 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 staff.  Players must also not attempt to undermine the legitimate operation of AGL.  

ACTIVATE reserves the right in its sole and absolute discretion, to disqualify any player and team from the AGL, 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 team’s participation in the AGL season, terminate the player and their team’s account, and revoke any coins, badges, prizes or other rewards, and deem points void. Disqualification will prevent the player and team from competing in the remainder of an AGL season 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 or division, through any activities outside of normal game play; or increase another player or any team’s odds of winning, or their placement in any competition or division, through any activities outside of normal game play.   

If a player is disqualified from an ACTIVATE program at any time, 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 the AGL, and should ACTIVATE determine, in its sole an absolute discretion, that confidential information has been used by an employee in a manner that results in an unfair advantage to an ACTIVATE team, ACTIVATE reserves the right in its sole and absolute discretion to disqualify the team and/or take other measures. Please note that such action may also result in disciplinary action against the employee, agent or representative. 

4. AGL Structure:

The following outlines the AGL 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 AGL operates as intended and remains fair and fun.  Please note that it is each participant’s respective responsibility to ensure that available times have been booked for their respective teams, and failure to book and//or attend the time that has been booked will be deemed a forfeiture. Failure to attempt your game bookings will result in a loss.  ACTIVATE recommends you book AGL game times ahead of time; bookings will be based on availability, and first come-first served.

AGL Teams: Each AGL Team includes three (3) to five (5) eligible players, all of whom must be registered to participate in the AGL. Each AGL team may substitute one or more eligible players per day but no more than the amount of registered players on their team.    Players are solely responsible for ensuring that any and all substitutes that participate on their AGL team meet all eligibility requirements (including ensuring the substitute is not registered as part of another AGL team for that AGL season), and that Substitutions are recorded as participating on the applicable day. .     

AGL is divided into “seasons” and includes competitions among different “divisions”.  The number of “divisions” will depend on the number of teams that sign up.  ACTIVATE is aiming for a minimum number of 36 teams per division.

Each “AGL Season” is seven (7) weeks in length, and consists of a “Regular AGL Season”, which runs from week one (1) to week five (5); “AGL Playoffs”, which is held on week six (6)); and “AGL Finals”, which are held on week seven (7).  

Weekly Rounds: Each week of an AGL Season, registered teams will be provided with a list of eight (8) randomly selected levels they will compete in, and the opposing team(s) they will compete against, and a one-week interval in which to complete each level assigned (each, a “Weekly Round”).

Wins and Losses: Teams are provided with three (3) attempts per level to score the highest score they can. When teams compete against one another in a level, the team with the highest total score for that level is given a “win”. Failure to complete a level will result in a score of zero (0) points for that level.  

Regular AGL Season: The Regular AGL Season includes five (5) Weekly Rounds. During the Regular AGL Season, registered teams will compete against a different team for each level assigned.  Only the top eighteen (18) teams (i.e., those with the highest number of “wins” during the AGL Season), will advance to the AGL Playoffs for that season.  

AGL Playoffs: The AGL Playoffs include one Weekly Round. During the AGL Playoffs, each team will face one other team total. For the Weekly Round of the playoffs, every team will compete against one other team for all of the seven (7) levels assigned in a Weekly Round. Only the top nine (9) teams will advance to the AGL Finals for that season.  

AGL Finals: The AGL Finals are composed of a single Weekly Round.  During the AGL Finals, all teams compete against all other teams in all seven (7) levels assigned for the last Weekly Round. The team with the highest overall score wins the AGL Season.

AGL Prizes: A prize of 25,500 Coins may be awarded in each Division, which prize is to be split between the top (3) three teams (i.e. the teams with the highest final cumulative score in the final round, as determined by ACTIVATE in its sole and absolute discretion) in the respective Division as follows:

(i)    Grand prize: 15,000 Coins,

(ii)    2nd place:  7,500 Coins,

(iii)    3rd place: 3,000 Coins.

Each prize awarded to a team shall be divided equally among the registered team members.  Substitutes do not partake in prizes.

ACTIVATE reserves the right to award a supplemental bonus grand prize to be determined by ACTIVATE in its sole and absolute discretion.      

5. Winner Selection and Confirmation   

Teams 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 AGL Finalsin the Teams’particular Division.    Each participant of a selected team will be notified within five (5) business days of the close of the respective round, season and/or playoff by email associated with each individual participant’s profile. For a supplemental bonus grand prize only, upto three (3) attempts will be made to contact participants by said email within fifteen (15) business days following the close of the round, etc.  If no participant from the selected team replies to the notification within two (2) business days of the third (3rd) notification attempt, or cannot be confirmed a winner as described below, the team may be disqualified and not receive the supplemental bonus grand prize and another team may be selected based on the next highest score in ACTIVATE’s sole and absolute discretion. ACTIVATE is not responsible for the failure for any reason whatsoever of a participant to receive notification or for the failure for any reason whatsoever of ACTIVATE to receive a participant’s required responses.). For clarity, no response is required from the participants except for the supplemental bonus grand prize. No correspondence will be entered into except with participants on a selected team.  The selected team will consist of the original team members, and not include any players that served as Substitutions.   

Teams will be confirmed a winner if they sign and return ACTIVATE’s Declaration of Eligibility and Liability/Publicity Release Form (“Form”) by the prescribed date.  By signing the Form, each participate in the team confirms that: (i) they meet all eligibility requirements for entering AGL as described herein and their compliance with these Terms; (2) they accept the prize as offered; and (3) they agree that they are providing a full and final release of ACTIVATE and Releasees (as defined herein).

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.

6. Photo, Video and Appearance Release:

ACTIVATE may use and display the names of teams and players participating in the AGL, as well as photos and videos featuring participating teams and players, including, without limitation, interviews featuring such players and teams taken prior to, during, and after the AGL (or an individual AGL season) 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 AGL, or any part thereof, you consent to such use and display. The Release, and right to use, names of teams and players, and photos and videos featuring players and teams, is without financial compensation to the Participant or Substitution. The teams and 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.

7. Contact Information:

Players are solely responsible for ensuring their contact information is accurate and up to date.  ACTIVATE is not responsible for any changes to your email address, mailing address and/or telephone number, or for missed communications arising from inaccurate contact information. All AGL related information becomes the property of ACTIVATE and no AGL 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, 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.

8. WAIVER, RELEASE & LIMITATION OF LIABILITY  

To the fullest extent permitted by applicable law, all AGL players 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 the AGL, the administration of the AGL, their use of an ACTIVATE facility, the selection and confirmation of winners, and the awarding, or receipt, or use, misuse of, or in ability to use of any prize, including, without limitation any and all Claims: (a) relating to the use of names of, and photos and videos featuring, players and teams to the release and/or 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, (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 the AGL, technical failures, problems or errors, inaccurate or incorrect capture of information, including with respect to scores, or other errors in the administration of AGL, AGL 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, myself or any others.

WITHOUT LIMITING THE FOREGOING, ACTIVATE SHALL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES SUFFERED OR INCURRED BY PLAYERS RELATING OR IN ANY WAY CONNECTED TO THE AGL. PLAYERS ARE RESPONSIBLE FOR THEIR OWN SAFETY AND WELL-BEING WHILE IN ACTIVATE’S FACILITIES.  ACTIVATE WILL NOT BE LIABLE TO YOU 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 THE AGL, THE USE OR MISUSE OF, OR INABILITY TO ACCESS OR USE ACTIVATE FACILITIES, 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.

9. Indemnity

EACH PLAYER EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS  the Releasees 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 AGL. 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.

10. Intellectual Property

Participant acknowledges and agrees that Activate owns all right, title and interest in and to the AGL, 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.

11. General Conditions    

By participating in AGL, each participant: (i) acknowledges they have read and understood these Terms, 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 AGL and the awarding of prizes; (ii) represents and warrants they comply with these Terms and are eligible to enter AGL; and (iii) represents and warrants that there is no legal or contractual restriction barring participation, including, without limitation, any restriction from participant’s employer or company.

AGL is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. AGL is void in whole or in part where prohibited by law. IF , FOR ANY REASON, AGL IS NOT CAPABLE OF RUNNING AS PLANNED, ACTIVATE RESERVES THE RIGHT AT ITS SOLE AND ABSOLUTE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND AGL, INCLUDING ANY GAME, OR ANY ROUND, SEASON OR PLAYOFF, AT ANY TIME WITHOUT NOTICE OR OBLIGATION. ACTIVATE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO AMEND OR MODIFY THESE TERMS. 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 AGL AND OR AWARDING OF A PRIZE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AGL 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, AGL or any prize awarded shall be resolved individually, without resort to any form of class-action , and exclusively by the appropriate court located in the province of the ACTIVATE facility the participant attended at the material time or the Federal Courts of Canada, as determined by ACTIVATE in its reasonable discretion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of ACTIVATE in connection with AGL, shall be governed by, and construed in accordance with the laws of the province of the ACTIVATE facility the participant attended at the material time and the Federal laws of Canada, whichever are applicable, without giving effect to any choice of law or conflict of law rules (whether of Canada, the relevant province, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than those specified herein.

I confirm that I have read and have had sufficient opportunity to read this entire Agreement, understand it, and IRREVOCABLY AGREE TO BE BOUND BY IT AND ITS TERMS. I confirm that no oral representations, statements or inducements apart from the above written agreement have been made, and I would not rely on any such representations etc. in any event. I understand that these Terms are read with other ACTIVATE Terms and Policies, which are incorporated here by reference, and in the event that any term is held to be invalid or unenforceable by any court of competent jurisdiction, all remaining terms shall continue in full force and effect, and any such invalid or unenforceable term(s) shall be substituted by a term of similar intent and scope to the maximum extent permitted by law.

I understand that my participation in the AGL is for my entertainment purposes only and entirely at my risk, without any expectations, including regarding receiving any ranking, reward or prize, and ACTIVATE and the other Releasees’ responsibility for anything that happens during the AGL at ACTIVATE facilities is limited as much as the law will allow.

I FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS (FOR ME AND ANY MINORS) BY CONSENTING TO THIS AGREEMENT AND INTEND MY CONSENT TO BE A COMPLETE, IRREVOCABLE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY ON BEHALF OF MYSELF, AND ANY MINOR ATTENDING AN ACTIVATE FACILITY WITH ME OR FOR WHOM I OTHERWISE AM SIGNING, AND OUR RESPECTIVE HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, TO THE GREATEST EXTENT PERMITTED BY LAW.

REMINDER! ONLY PARENTS AND LEGAL GUARDIANS OF MINORS ARE AUTHORIZED TO CONSENT ON A MINOR’S BEHALF. You may consent only for minors for whom you are a parent or legal guardian. By consenting on behalf of a minor, you are representing and warranting you are the parent or legal guardian of that minor, are assuming all responsibility for that minor’s use of our facility, and agree to indemnify, defend and hold ACTIVATE harmless, including against claims from that minor and any other parent or legal guardian for that minor.