PUBG MOBILE OFFICIAL PUBG ON MOBILE

Thank you for your interest in organizing a tournament or other public event that features play of PlayerUnknown’s Battlegrounds Mobile(“PUBG Mobile”) and for completing our online tournament registration form.  We know that millions of people worldwide love to play the game and we want to encourage them to organize and host tournaments and or other events that feature the game.  However, the End User License Agreement for PUBG Mobile (“EULA”) limits use of the game to an individual end user’s personal, non-commercial use.  If you want to use PUBG Mobile in a tournament or event or in any other context that is not expressly covered by the license in the EULA, then you need a license to do that.

1.This is a Contract.  Here’s How You Accept it. 

1.1.Description of the Agreement.  These PUBG Mobile Third Party Tournaments License Terms (“Terms”) contain the legal terms and conditions under which Proxima Beta Pte. Limited, a Singapore corporation with its registered office at 10 Anson Road #21-07 International Plaza, Singapore (“Proxima”, “we”, “our” and “us”), will grant the applicant who has completed our online tournament registration form (“you” and “your”) a limited license to operate and use PUBG Mobile in connection with those tournaments and events listed and described in the online tournament registration form (“Tournaments”), provided that such Tournaments meet all of the requirements and conditions for a third party event specified in Section 3 below.  A Tournament that meets all of these requirements and conditions is referred to as an “Approved Third Party Tournament”. 
1.2.Acceptance of the Agreement.  You accept these Terms by clicking “ACCEPT” in our online tournament registration form or by using PUBG Mobile at any tournament or event.  These Terms, together with the information and materials that you provided in our online tournament registration form (“Registration Information”), create a legally binding agreement between you and us (the “Agreement”).  By accepting these Terms, you agree that the Agreement is legally enforceable just like any written contract that is signed by you.

2. How Much Does it Cost? 

If your Tournament meets all of the requirements and conditions for an Approved Third Party Tournament set forth in Section 3.1 below, then you do not have to pay us a license fee or royalty for use of PUBG Mobile, but you do have to comply with this Agreement and the EULA. 

3. Requirements for an Approved Third Party Tournament.

3.1.Requirements and Conditions.  Your Tournament is licensed under this Agreement as an Approved Third Party Tournament only if it meets each of the following requirements and conditions: (a)The Tournament does not last for more than 30 consecutive calendar days; (b)You have not organized, produced or hosted more than 2 tournaments or events that feature play of PUBG Mobile in the twelve-month period before the start of the Tournament;  (c)You do not receive more than US $10,000 in payments, advertising inventory or any other in-kind contributions from any streaming platform (e.g., Twitch, Mixer, Facebook or YouTube) in connection with the streaming of your Tournament; (d)You do not broadcast your Tournament on television; (e)You do not (i) sell title or presenting sponsorships for your Tournament or otherwise include or make use of the name of a sponsor in the name used for your Tournament, or (ii) use any name for your Tournament, other than the name you provided in the online tournament registration form; (f)You pay all costs and expenses associated with the organization, production and hosting of the Tournament; (g)The prize pool (including cash and the fair market value of non-cash prizes) for the Tournament, if any, does not exceed (i) US $50,000 for a single Tournament organized, produced or hosted by you; and (ii) US $100,000 for all of the Tournaments organized, produced or hosted by you during any twelve-month period;  (h)The in-person or LAN portions of the Tournament, if any, are held only at the venues or locations   specified in by you in the online tournament registration form; (i)At the Tournament, you ensure that use of PUBG Mobile complies with the EULA (as modified by this Agreement); (j)All of the Registration Information provided by you is true, correct and complete as of the date it was provided and as of the date that the Tournament takes place; and (k)We accept your online application and provide notice to you of acceptance by email; and (l)The Tournament, and your organization, production and hosting of the Tournament, complies with all applicable law.
3.2.Failure to Meet Requirements and Conditions.  If your Tournament does not meet all of the criteria for a third party event set forth in Section 3.1, then you must obtain a Major Tournaments License.  Your failure to obtain such a license is a breach of the EULA and a violation of our intellectual property rights.  If you are interested in obtaining a Major Tournaments License, please describe the proposed tournament or event in the online tournament registration form.  A Major Tournaments License involves the payment of royalties for the use of PUBG Mobile and other terms that are individually negotiated.  We are under no obligation to accept any proposal for a Major Tournaments License or negotiate or enter into any agreement for a major tournament or event. 
3.3. Disputes Relating to Requirements and Conditions. In the event of a dispute as to whether (a) any of the requirements or conditions in Section 3.1 have been satisfied, or (b) a particular Tournament qualifies as an Approved Third Party Tournament, our decision shall be final and binding.

4.Production Obligations.

4.1.Production Expenses.  You are solely responsible for, and shall pay, all costs and expenses incurred by you or on your behalf in connection with the organization, production or hosting of your Tournament, including all sales, use, value-added, and similar taxes.  You understand and agree with that you are not entitled to reimbursement from us or our affiliates of any fees or expenses incurred by you in the organization, production or hosting of your Tournament.
4.2.Merchandise.  You may not sell any merchandise that is branded with, or makes use of, the PUBG Mobile name, logo or trademarks (“PUBG Marks”).  A separate license is required if you want to sell merchandise. 
4.3.Life Rights of Players.  If you stream coverage of all or any part of your Tournaments online, you are responsible for obtaining, and shall obtain and maintain in effect, license rights to use and display the name, nickname, tags, likeness, image, photograph, voice, and video or film portrayal (“Life Rights”) for each player and coach who participates in a Tournament.  You hereby grant a sublicense (with the right to further sublicense) to all such Life Rights to us and our affiliates.
4.4.Sponsorships and Advertising.  You may sell brand sponsorships for your Approved Third Party Tournaments in the jurisdiction listed in by you in the online registration form.  You may also sell advertisements if you stream coverage of your Approved Third Party Tournaments.  However, your right to sell sponsorship or advertisements of any kind is expressly conditioned on your agreement not to sell any sponsorship or advertisement: (a) in any of the prohibited advertising and sponsorship categories listed in Exhibit A, which we may update from time to time; (b) outside of the jurisdiction listed in your online registration application; or (c) to any developer or operator of any other video game or esports business.
4.5.Conduct.  You shall ensure that each of the players, coaches, teams, fans and other participants at your Tournaments do not behave in a manner which is detrimental to the enjoyment of PUBG Mobile by other players, teams or fans (as determined by us).  In particular and without limitation of the foregoing, you agree that you will not, and will ensure that each of the players, coaches, teams, fans and other participants at your Tournaments do not, engage in any conduct that (in our opinion): (a) creates a risk of loss or damage to any person or property; (b) is fraudulent, false, misleading or deceptive; (c) harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence; (d) is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable; (e) promotes or encourages self-harming; (f) infringes our rights or any third party’s rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights; (g) is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature; (h) is unlawful under applicable law or that violates the EULA; or (i) encourages or is likely to encourage any of the foregoing (“Toxic Conduct”).  If you stream coverage of all or any part of your Tournaments online, you are responsible for ensuring that any accompanied chat function (voice or text) is adequately moderated to prevent any Toxic Conduct.
4.6.Reporting.  You agree to maintain books of account and records covering all prize money payments and other financial transactions covered by this Agreement. Within thirty (30) days of the end of each Tournament you agree to submit a written report to us that contains the information specified in Exhibit A and provides such other written information relating to the Tournament as we may request.
4.7.Compliance with Law.  You must comply with all laws applicable to the organization, production and hosting of your Tournament and the streaming of content from your Tournament.  You are solely responsible for determining if the law in the jurisdiction where the Tournaments will be held permits the organizer of a tournament to (a) pay or award cash and/or non-cash prizes to players, teams, or team owners, and (b) charge players, teams, or team owners an entry fee to compete in a tournament.  If you decide to award a prize to one or more players, teams, or team owners who participate in your Tournament, you shall pay or deliver the prize(s) to the winner(s) no later than sixty days after the end of the Tournament. 

5.License Grant. 

5.1.Limited License to Use the Game.   Subject to your compliance with this Agreement and to Section 7.1, we grant to you, and you accept, a non-exclusive, non-transferable, limited license (with no right to sublicense) to: (a) use and publicly display PUBG Mobile at your Approved Third Party Tournaments; (b) market and promote PUBG Mobile in connection with your Approved Third Party Tournaments, subject to the advertising and sponsorship restrictions in Section 4.4 and your compliance with the PUBG Mobile brand guidelines referenced in Section 5.5; and (c) stream coverage (live or time delayed) of your Approved Third Party Tournaments through the online streaming platforms listed by you in our online tournament registration form. 
5.2.Ownership of the Game and Related Assets.  You acknowledge and agree that we exclusively own all right, title, and interest in and to (a) PUBG Mobile and all characters, story lines, graphics, sound effects, music and related content used or displayed in PUBG Mobile; (b) all player and team data and statistics that are collected using functionality provided by PUBG Mobile, including all data generated from PUBG Mobile game play and all user profile and account information; (c) PUBG Marks; (d) any audio or video recording, or any photograph or digital image, of PUBG Mobile or any play of PUBG Mobile; and (e) all goodwill, copyrights, trademark rights, and other intellectual property and proprietary rights to all of the foregoing (collectively, the “PUBG Assets”). 
5.3.Game-Related Media.  If you embed, incorporate, reference, or otherwise make use of any PUBG Asset in (a) any streams or recordings of your Tournament, or (b) any advertising or promotional materials for any Tournament (each of the foregoing, the “Game-Related Media”), then such Game-Related Media shall be deemed to be owned exclusively by us as a “work made for hire” specially ordered or commissioned by us.  In addition, you hereby assign to us throughout the world in perpetuity, free and clear of any and all claims, liens, or encumbrances by you or any other person or entity, any and all rights, title, and interest in and to the Game-Related Media.  For the avoidance of doubt, we have the right to capture, copy, use, distribute, and authorize or license, or transfer to third parties to use, the Game-Related Media in any and all manner and media, and in all channels of distribution (whether now known or hereafter devised) throughout the world in perpetuity without obligation of any kind to you.
5.4.Recordings of Your Tournament.  You agree to upload a video of your Approved Third Party Tournament to the cloud storage drive identified by us.  We will provide instructions to you by email for how to complete this upload.  For the avoidance of doubt and without limitation of the foregoing, we have the right to copy, use, distribute, and authorize or license, or transfer to third parties to use, the video you upload (or any part thereof) in any and all manner and media, and in all channels of distribution (whether now known or hereafter devised) throughout the world in perpetuity without obligation of any kind to you.
5.5.Non-Confirming Use.  All use of PUBG Mobile, and the PUBG Marks included in the game, is subject to the PUBG Mobile brand guidelines.  The brand guidelines will be provided to you via email after your application is approved by us.  You agree to correct any non-conforming use of the PUBG Mobile and/or Game-Related Media identified by us in writing as soon as reasonably practicable, but in any event not later than three (3) days after receipt of notification by us.
5.6.Restrictions.  You acknowledge and agree that you may not, directly or indirectly: (a) create, use, register, or otherwise exploit any trademark or service mark that is confusingly similar to any of the PUBG Marks; (b) create, use, register or otherwise exploit any domain name that includes all or any part of any PUBG Mark; (c) join any name, trademark, logo, social media identifier, or domain name with all or any part of a PUBG Mark so as to form a composite or combined trade name, trademark, logo, or domain name; or (d) engage in any acts that might jeopardize, challenge, or contest or attempt to acquire, any of our rights or the rights of our licensors in the PUBG Marks or any part thereof.  All use of the PUBG Marks, and all goodwill generated thereby, shall inure to and for our benefit and the benefit of our licensors.
5.7.No Implied Rights.  Nothing in this Agreement shall be interpreted as granting to you or any other person or entity any rights in or to the Game-Related Media or PUBG Assets, other than the limited license rights set forth in Section 5.1.

6.Allocation of Risk of Loss.

6.1.Disclaimers.  All PUBG Assets are provided on an “AS IS” and “AS AVAILABLE” basis, “WITH ALL FAULTS” and without warranty of any kind.  Proxima, its licensors, and its and their affiliates, disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the PUBG Assets, including all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with enjoyment, authority, non-infringement, merchantability, fitness, or suitability for any purpose (whether or not Proxima knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under applicable law, by reason of custom or usage in the trade, or by course of dealing.
6.2.Indemnification.  You agree to indemnify and defend us and our affiliates, successors and assignees from and against any and all damages, costs, liability, penalties, fines and expenses whatsoever (including outside attorneys' reasonable fees and actual, out-of-pocket legal costs) arising out of any demand, claim, action, investigation or proceeding to the extent arising from or relating to: (a) your breach of this Agreement; (b) your violation of applicable law; (c) bodily injury or death of any person or damage to real or tangible personal property caused by your acts or omissions; (d) your organization, production, hosting, marketing and promotion of any of your Tournaments and the streaming of any content from any of your Tournaments; and/or (e) your negligent acts or omissions.
6.3.Limitations of Liability.  To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Proxima and its affiliates arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed US $1,000. The foregoing limitations shall apply even if your remedies under this Agreement fail of their essential purpose.  The existence of multiple claims under or related to this Agreement will not enlarge or extend the limitation of money damages in this Section.  To the maximum extent permitted by applicable law, in no event shall Proxima or its affiliates be liable under this Agreement to you for any consequential, incidental, indirect, exemplary, special or punitive damages.
6.4.Rights that Cannot be Waived.  Nothing in this Agreement (a) is intended to replace or supersede your rights under any mandatory applicable law, and such mandatory rights of yours will apply to the extent they are inconsistent with any terms in this Agreement; or (b) limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws: (i) any liability for death or personal injury; (ii) any liability for gross negligence or willful misconduct; or (iii) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable law.

7.Term and Termination. 

7.1.Term.  The Agreement becomes effective on the date you accept the Terms by clicking ACCEPT in our online tournament registration form.  The license in Section 5.1 only become effective on the date we send you an email notice of approval of the Tournaments proposed in your online application and Registration Information.
7.2.Termination.  We may suspend any of your Tournaments or terminate this Agreement if: (a) we reasonably believe that you have breached any term or condition of this Agreement; (b) your organization, production or hosting of any Tournament creates risk for us, our affiliates or licensors or for any player, coach, fan or other participant at a Tournament; (c) your organization, production or hosting of any Tournament gives rise to a threat of a third party claim against us or our affiliates or licensors, or is potentially damaging to our reputation or the reputation of any of our affiliates or licensors; or (d) any of your Registration Information is or becomes inaccurate, untrue or incorrect.  In addition, we may at any time without cause discontinue the entire third party tournaments license program by posting a notice on this website.

8.Dispute Resolution; Remedies.

8.1.Governing Law.  Except to the extent that the applicable law of your jurisdiction mandates otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this Agreement and any dispute or claim arising out of or in connection with this Agreement shall be governed by the law of the Hong Kong Special Administrative Region.
8.2.Forum.  Except as provided in Section 3.3, any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this Agreement, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
8.3.No Liability of Affiliates.  You acknowledge and agree that in no event will our partners, licensors or affiliate companies have any liability of any kind under or relating to this Agreement.

9.General Provisions. 

9.1.No Third Party Beneficiaries.  No person other than you and us will (subject to any applicable law) have any right to enforce this Agreement against any person, and you may not delegate, assign or transfer this Agreement or any rights or obligations under this Agreement, without our prior consent. We may freely assign, transfer or sub-contract this Agreement or our rights and obligations under this Agreement, in whole or in part, without your prior consent or notice. 
9.2.Notices.  You agree that we may send notices, instructions and information to you using the email address that you provided in your Registration Information.  In addition, we may provide notice to you by posting communications on this website. You are responsible for checking your email address and this website regularly for any communications from us.
9.3.Privacy.  Our Privacy Policy (as amended from time to time) sets out how we collect, store and use the Registration Information and any of your personal information which you provide to us in the online registration form.  Please review the Privacy Policy as well as the EULA. 
9.4.Amendment; Waiver.  We may update or change these Terms from time to time.  You are responsible for checking this website regularly for any updates or changes.  Your continued use of PUBG Mobile at any Tournament after the posting of revised Terms on this website means that you accept and agree to the updates and changes.  You may not amend this Agreement.  No delay in enforcing any provision of this Agreement will be construed to be a waiver of any rights under that provision.
9.5.Severability; Survival.  You agree that you will have no claim against us for any statement which is not explicitly set out in this Agreement.  The invalidity of any provision of this Agreement (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of this Agreement as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of this Agreement. Any rights and obligations under this Agreement which by their nature should survive (including any obligations in relation to the ownership of the PUBG Assets and Game-Related Media and the liability of, or indemnities (if any) given by, the respective parties), will remain in effect after termination or expiration of this Agreement.
9.6.Entire Agreement.  This Agreement, together with the Registration Information, EULA and the Privacy Policy, is the entire agreement between you and us in relation to the Tournaments and the subject matter of this Agreement. Exhibit A

Business Terms

Advertising and Sponsorship Restrictions

1.Video games or video game developers or publishers or their affiliates
2.Financial and insurance products
3.Prescription medicines
4.Merchants or markets of fake products or illegal virtual products or any third party that violates the EULA
5.Websites that publish sexual content or products
6.Other professional esports teams or their owners or affiliates
7.Cigarettes and tobacco products

Within thirty (30) days of the end of each Tournament, you shall submit a report to us that includes the following information:

Event Name:
Event Dates:
Venue Name (if any):
Local attendance numbers at venue (broken down by days):
Participating Teams:
Tournament Revenue:
Prize Pool:
Prize Recipients:
Streaming platforms (name, territory):
Online viewership (viewers, unique viewers, peak concurrent viewers, average concurrent viewers, total hours viewed):
Total payments, advertising inventory or any other in-kind contributions from any streaming platform:
Total number of other PUBG Mobile events or tournaments produced or hosted by you in the prior twelve-month period: