liabilities, penalties, judgments, costs (including reasonable attorney’s fees), losses, expenses, settlements, and
claims (“Claims”) arising out of (i) your breach of the Official Rules or violation of any law, (ii) your gross
negligence or willful misconduct, (iii) your participation in the Tournament (or related activities) which directly
or indirectly, and in whole or in part, causes any liability, injury, death, loss or damages to entrant or any person
or entity, including without limitation damage to personal or real property, or (iv) your acceptance, possession
or use/misuse of a prize. For the avoidance of doubt, nothing in these Rules shall exclude or limit liability for
losses which may not be lawfully excluded or limited by applicable law, including liability for death or personal
injury caused by the negligence of the Administration or its employees, agents or subcontractors. The Released
Party seeking indemnification shall give reasonable notice of a Claim to you, provided that any failure to notify
shall not relieve you from any liability or obligation to indemnify. You may defend and settle the Claim with
counsel of your choice, provided that you keep the Released Party reasonably informed of all material
developments related to the Claim and provide the Released Party and its advisors, at your sole expense, with
copies of all documents and other information relevant to the material developments, and the Released Party
may participate in the defense and settlement with counsel of its own choice at its own expense. If you choose
not to defend or settle the Claim, the Released Party may defend or settle with counsel of its own choice and
may pay, compromise, or settle such Claim and seek indemnification for any Claim from you, including costs of
collection. You may not compromise or settle an indemnified Claim without the Released Party’s prior written
consent, which shall not be unreasonably withheld, conditioned, or delayed.
28. LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED
PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST,(A) ANY
LIABILITY FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PLAYERS ERRORS OR BY
ANY EQUIPMENT, HARDWARE, SOFTWARE OR PROGRAMMING ASSOCIATED WITH THE TOURNAMENT or by any
other reason, (b) INJURIES, LOSSES OR DAMAGES OF ANY KIND TO you or any other PERSONS, INCLUDING
PERSONAL INJURY OR DEATH, OR to PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY,
FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, REGISTRATION OR PARTICIPATION IN THIS
TOURNAMENT OR IN ANY TOURNAMENT RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT
RESPONSIBLE IF THE TOURNAMENT CANNOT OPERATE AS PLANNED, OR IF ANY PRIZE CANNOT BE AWARDED,
DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS, including those cancellations, delays, or interruptions
cause by ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, THREATENED OR ACTUAL PUBLIC HEALTH CRISES
(INCLUDING WITHOUT LIMITATION EPIDEMICS AND PANDEMICS, AND ANY SHUTDOWNS OR STAY-AT-HOME
ORDERS RELATED THERETO), WEATHER, OR TERRORISM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY OF OR INTERRUPTIONS TO ANY
SERVICE OR EQUIPMENT USED IN CONNECTION WITH THE TOURNAMENT, INCLUDING WITHOUT LIMITATION (1)
INTERRUPTIONS TO ANY NETWORK, SERVER, INTERNET, WEBSITE, TELEPHONE, SATELLITE, COMPUTER OR
OTHER CONNECTIONS (2) FAILURES OF ANY TELEPHONE, SATELLITE, HARDWARE, SOFTWARE OR OTHER
EQUIPMENT, (3) GARBLED, MISDIRECTED OR JUMBLED TRANSMISSIONS, OR TRAFFIC CONGESTION, OR (4)
OTHER ERRORS OF ANY KIND, WHETHER HUMAN, TECHNICAL, MECHANICAL OR ELECTRONIC, OR (5) THE
INCORRECT OR INACCURATE CAPTURE OF ENTRY OR OTHER INFORMATION OR THE FAILURE TO CAPTURE ANY
SUCH INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY PARTICIPATING IN THIS
TOURNAMENT, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY
INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES TO you or any other PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF
ACCESS TO AND USE OF ANY WEBSITE OR SOFTWARE PLATFORM ASSOCIATED WITH THIS TOURNAMENT OR THE
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH WEBSITE OR SOFTWARE
PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE OFFICIAL RULES OR
THE TOURNAMENT SHALL BE LIMITED TO YOUR REMEDIES AT LAW FOR MONETARY DAMAGES, THE AMOUNT
OF WHICH SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL YOU BE ENTITLED TO ENJOIN
OR RESTRAIN ANY RELEASED PARTIES FROM OPERATING THE TOURNAMENT, THE PROGRAM, OR THE Pokémon
UNITE GAME, OR FROM EXERCISING ANY RIGHTS OR LICENSES GRANTED TO THE RELEASED PARTIES HEREIN. FOR
THE AVOIDANCE OF DOUBT, NOTHING IN THESE RULES SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR