Whataburger Breakfast in Bedwars featuring Fortnite Official Rules

Theo Johnson

Theo Johnson

The event features some of the top Fortnite creators in action

The Whataburger 'Breakfast in Budwars' Fortnite tournament is a $25,000 event with a custom map with some unique twists. The event takes place from July 8 and continues till July 22 with some of the biggest names in Fortnite.

Whataburger Breakfast Fortnite Official Rules

Here are the Whataburger Breakfast Fortnite Official Rules. You can find the complete list of rules here.

1.    Introduction and Acceptance

1.1    Introduction

These Whataburger Breakfast in Bedwars featuring Fortnite Official Rules (“Rules”) govern all stages of the Whataburger Breakfast in Bedwars featuring Fortnite Event (“Bedwars”, “Breakfast in Bedwars”, “Whataburger Bedwars”, or “Event”).

These Rules have been designed to ensure the integrity of competitive play of Fortnite (the “Game”) in connection with the Event, and are intended to promote vigorous competition and to help ensure that all competitive play of the Game is fun, fair, and free from Toxic Behavior (as defined below).

1.2    Acceptance

To participate in the Event, each player must agree to follow these Rules at all times, including the Code of Conduct in Section 8 and the waiver to a jury trial in Section 12. By participating in any game or match that is part of the Event, a player is confirming that he or she has accepted these Rules pursuant to this Section 1.2.

1.3    Enforcement

eFuse will have primary responsibility for enforcing these Rules for all players at the Event and may, working with the Event Administrators (as defined below), impose sanctions on players for violations of these Rules, as further described in Section 9.

1.4    Amendments

eFuse may update, revise, change, or modify these Rules from time to time. For each player, his or her participation in the Event after any update, revision, change, or modification to these Rules will be deemed as acceptance of these Rules as updated, revised, changed, or modified.

2.    Event Structure

2.1    Definition of Terms

2.1.1    Elimination

An occurrence where one player depletes the HP and Shield (if any) of another player. Subject to Section 7.1.2, elimination credit is determined by (a) the action feed located at the bottom left corner of the gameplay screen, and (b) the UI illustrating total number of eliminations earned during a single match; provided, that, in no event shall elimination credit be awarded to a player for any portion of a match following such player’s elimination.

2.1.2    Event Administrator

Any eFuse employee or member of the admin team, broadcast team, production team, event staff, or anyone else otherwise employed or contracted for the purpose of running the Event.

2.1.3    Game Mode

A specific ruleset, set of gameplay elements, or win conditions for a given match. Game modes can be very broad and may or may not differ from one match to the next. Event Administrators will explain the specific parameters for each game mode before the beginning of a match.

2.1.4    Match

A single instance of competition within the Game that is played until a player or team either achieves a Victory Royale (as defined below) or certain victory conditions are otherwise met. Victory is achieved when the objective of the mode is reached successfully as defined within the Creative map.

2.1.5    Placement

A player’s or team’s time spent in play in a match, relative to that of other players or teams in such match, prior to being eliminated. Placement rank is illustrated in the UI after being eliminated.

2.1.6    Session

A set of matches that is played until a winner or multiple winners are determined by one of the following methods: (a) completion of a set number of matches or (b) completion of a set time period.

2.2    Schedule

  • 2.2.1 Open Play: July 8th - July 14th
  • 2.2.2 Qualifiers: July 17th
  • 2.2.3 Main Event: July 22nd

2.3    Rescheduling

eFuse may, in its sole discretion, reorder the schedule and/or change the date for any match or session of the Event (or change any game mode to be played in connection therewith). However, if the Event schedule is so modified, eFuse will inform all players at its earliest convenience.

2.4    Event Format and Scoring

2.4.0.1 Open Play

The Open Play period will take place from July 8th until July 14th at 11:59 PM ET. To be eligible to be selected for the Qualifier Round, players should upload their top clips to Twitter, Instagram, or TikTok using the hashtag #breakfastinbedwars. Each day 1-2 “best” clips using the event hashtag, as determined by eFuse, will be selected to captain a team in the Qualifier Round. 16 total players will be selected. 

2.4.0.2 Qualifier Round

The 16 selected captains will select their teammates to participate with them in the Qualifier Round. The first round of the Qualifier Round will consist of 4 matches of 4 teams each. The top 2 teams from each match will advance to the next round. Teams will be reshuffled into 2 matches of 4 teams. The top 2 teams from each of these matches will advance to the final round of the Qualifier Round. These 4 teams will earn a spot in the Main Event. The 4 teams will still complete a final round of the Qualifier Round to determine a Qualifier champion. 

2.4.0.3  Main Event

The Main Event will consist of 16 teams. 4 of these teams are the top teams from the Qualifier Round while the remaining 12 will be captained by invited players. These captains will select their teammates for their team. To start, the Main Event will have group play matches where each team will play 4 total matches. During group play, each team will earn points based on their finishes in each match. Following the group play stage, the top 8 teams will advance to the Main Event semifinals. 

The semifinals will consist of 2 matches of 4 teams. The top 2 teams from each match will advance to the Main Event finals. The Main Event finals will be 1 match of 4 teams to determine the final top 4 teams.

2.4.1    Creative Map

The following Creative map code will be used for the Event:

6619-8313-5969

2.4.2    Scoring System

For Qualifier Round and Main Event semifinals and finals, the in-game placements of a team in a match will determine their result of advancing or not. For group play, teams will accumulate the following points for each placement in a match:

  • 1st - 5 points
  • 2nd - 3 points
  • 3rd - 2 points
  • 4th - 1 point

2.4.3    Tiebreakers

If teams are tied following group play, the following tiebreakers will be used in this order:

  1. Better head-to-head result
  2. Most 1st place results
  3. A coin flip

2.5    Prizes

2.5.1 Distribution

Subject to Section 2.5.3, the following prizes will be awarded to each team based on their placement within the Leaderboard at the conclusion of applicable Sessions. Prizing will be evenly distributed between the 3 players of the team.

2.5.2 Prizes

Main Event Prizes

Rank
Prizes
1$10,000
2$4,500
3$3,000
4$1,800
5$900
6$900
7$750
8$750
9$300
10$300
11$300
12$300
13$300
14$300
15$300
16$300

2.5.3    Prizing Information

In the case of the Main Event Prizes, only the best placing players will be eligible to receive the applicable cash prizes set forth in Sections 2.5.2 and 2.5.3 (“Cash Prize Winning Players”, and  “Winning Players”).  No other player with a lower place than the Winning Players shall be, at any time or under any circumstances, entitled to win any prizes in connection with the Event.

For clarity, prizes are awarded “as is” with no warranty or guarantee, either express or implied.  Prizes are not transferable or assignable and cannot be transferred by Winning Players. Non-cash prizes (if any) cannot be redeemed for cash.  All prize details are at the sole discretion of eFuse. Winning Players are responsible for any costs, income or other taxes, and expenses associated with prize acceptance and use not specified herein as being provided.

Winning Players may not substitute a prize, but eFuse reserves the right, at its sole discretion, in case of justified reasons, to substitute a prize (or portion thereof) with one of comparable or greater value. Additional terms and conditions may apply to acceptance and use of a prize.

Potential Cash Prize Winning Players will be notified by eFuse of their status as potential Cash Prize Winning Players at the email address and/or Discord account associated with their eFuse account within 30 days of completion of the Event, or such other time as reasonably required by eFuse for such notification, and will be subject to verification of eligibility pursuant to Section 3 and compliance with these Rules. 

A potential Cash Prize Winning Player must keep both the eFuse account and the Epic account that he or she used to compete in the Event active throughout the verification of eligibility process and must stay in the Event Discord server for contact purposes. Parental or guardian consent and approval is required for potential winners under the age of majority. If a potential Cash Prize Winner is a minor, then a parent or legal guardian must complete the winner documentation on his or her behalf.

Upon formal notification from eFuse, a potential Cash Prize Winning Player shall have 14 days from the date such notice was emailed or otherwise messaged to respond and provide any information or materials requested by eFuse. Such response from a potential Cash Prize Winning Player must be delivered as a direct response to the email or Discord message from which eFuse’s notification was sent or, at eFuse’s sole option, another location (such as an information collection form) as specified in the notification.  The date of receipt by eFuse shall be decisive for a potential Cash Prize Winning Player’s compliance with the deadlines set forth in this Section 2.5.4.

In the event of (a) the failure by any such player to (a) timely respond to any notification or request for materials or information; or (b) any such player being unable to accept or receive the prize for any reason or for failure to provide the necessary tax and payment information through eFuse’s approved tax and payment processing vendors, then in either case such player shall be disqualified as a potential Cash Prize Winning Player, and such player shall not be entitled to win any cash prizes in connection with the Event. 

In such cases, no alternate Cash Prize Winning Player will be named, and eFuse shall have the right, in its sole and absolute discretion, to (y) award any prize amounts that would have otherwise been awarded to such disqualified player as part of a future Game competitive event or (z) award any such prize amounts to non-profit causes and efforts. 

Cash Prize Winning Players will also be required to provide certain payment information to eFuse, including any required tax information forms, in order to receive the Finals Prizes. eFuse may withhold payment of the Finals Prizes if a Cash Prize Winning Player fails to provide the applicable payment forms to eFuse in a timely manner.  

FINALS PRIZES ARE SUBJECT TO APPLICABLE FEDERAL, STATE, AND LOCAL TAXES (INCLUDING, BUT NOT LIMITED TO, INCOME AND WITHHOLDING TAXES)  AND IT IS THE RESPONSIBILITY OF EACH CASH PRIZE WINNING PLAYER TO (I) CHECK WITH HIS OR HER LOCAL TAX ADVISOR TO DETERMINE WHICH TAXES APPLY TO HIM OR HER AND (II) PAY SUCH TAXES TO THE APPROPRIATE TAX AUTHORITY. eFuse may withhold tax at the backup withholding rates in effect for US and non-US residents. Finals Prize income and tax withholding may be reported on forms (y) 1099-MISC for US residents and 1042-S for non-US residents, and (z) any other relevant tax forms as may be required by applicable law.  

eFuse will determine the payment method for the prizes in its sole discretion and, except as otherwise required by applicable law, all payments will be made directly to the Cash Prize Winning Player in his or her capacity as an individual.  For the avoidance of doubt, no prize payments earned by individuals will be made by eFuse to any organization, company, or other entity. 

3.    Player Eligibility

3.1.1    Player Age

Players must be at least 13 years old to participate. If an individual considered a minor (“Minor”) in their legal jurisdiction of residency is a winner, it will be awarded in the name of the minor winner’s parent or legal guardian, who will be responsible for fulfilling all requirements imposed on the Winner set forth herein.

3.1.2    Residence

Players must be citizens or permanent residents of one of the fifty (50) United States, the District of Columbia, or Puerto Rico.

3.2    Ineligible players who mislead or attempt to mislead Event Administrators by providing false eligibility information will be subject to disciplinary actions as further described in Section 9.2.

3.3    Fortnite EULA

Each player must follow the Fortnite End User License Agreement (“Fortnite EULA”) (https://www.epicgames.com/fortnite/eula). These Rules add to, and do not replace, the Fortnite EULA.

3.4    2FA

Each player must enable (if not already enabled) Two-Factor Authentication (“2FA”) on his or her Epic account.  To enable and verify 2FA, players must visit https://epicgames.com/2FA, log in to their Epic accounts, and follow the onscreen instructions. 

3.5    Event Administrator Affiliation

Employees, officers, directors, agents, and representatives of eFuse or other Event Administrators and their immediate family members (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents, and in-laws, regardless of where they live) and those living in their household (whether or not related), and each person or entity connected with the production or administration of the Event are not eligible to participate or win. 

3.6    Player Names

3.6.1    All team and individual player names must follow the Code of Conduct in Section 8. eFuse and any other Event Administrators each may restrict or change team and individual player tags or screen names for any reason.

3.6.2    The name used by a team or player may not include or make use of the terms Fortnite®, Epic, or any other trademark, trade name, or logo owned by or licensed to Epic.

3.6.3    The name used by a team or player cannot be an impersonation of another team, player, streamer, celebrity, government official, Epic employee, or any other person or entity.

3.7    Good Standing; Account Level

3.7.1    Players must be in good standing with respect to the Epic accounts used by such players in connection with the Event, with no undisclosed violations. This means that, without limitation, a player’s Epic account must be registered in such player’s name, and cannot have been previously purchased, gifted, or otherwise transferred from another player. 

3.7.2.    Players must be free of or served fully any suspensions or other sanctions imposed in connection with a previous violation of any official Epic rules. 

3.8    Additional Restrictions

3.8.1    Players may only have one (1) entry (using one (1) Epic account) into the Event for a given session. Players are expressly prohibited from having additional Event entries using additional or secondary Epic account(s), Discord account(s), etc. Players who violate these Rules may be disqualified at the Event Administrator’s discretion.

3.8.2    The Event is not open to individuals using iOS devices. 

3.8.3    For the duration of each Event session, only a single player may play on a given game machine (i.e., multiple players cannot participate on the same machine at any point during any Event session).

3.8.4 eFuse and any Event Administrators reserve the right to require any further information deemed necessary for verification.

4.    Player/Team Formation Rules

4.1    Player

4.1.1    Each player acknowledges and accepts these Rules by participating in the Event. 

4.1.2 Players may not transfer any qualifications or round advancement to another player.

4.1.3     A player may use any number of coaches during and outside of matches. During a match, a coach may only access information that is also available to the players as they play (e.g. a coach may not be gaining information from an opponent’s live stream). Coaches may be subject to screen sharing requirements if requested by eFuse.

4.2 Team

4.2.1 A team must consist of 3 players.

4.2.2 Players may not be members of multiple teams for the Event.

4.2.3 Each team will have one designated captain (invited player) who the team will be named after. The captain is responsible for selecting their 2 teammates for the Event.

5.    Issues

5.1    Definition of Terms

5.1.1    Bug 

An error, flaw, failure, or fault that produces an incorrect or unexpected result, or otherwise causes the Game and/or a hardware device to behave in unintended ways.

5.1.2    Intentional Disconnection 

A player losing connection to the Game due to the player’s actions. Any actions of a player which lead to a disconnection shall be deemed intentional, regardless of the actual intent of the player. Intentional disconnection is not considered a valid technical issue for the purposes of a remake. 

5.1.3    Server Crash 

All players losing connection to the Game due to an issue with the Game server.

5.1.4    Unintentional Disconnection 

A player losing connection to the Game due to problems or issues with the game client, platform, network, or PC.

5.2    Technical Issues

5.2.1    Due to the nature and scale of online competition, except as otherwise determined by eFuse in its sole discretion, matches will not be restarted or made null due to Bugs, Intentional Disconnections, Server Crashes, or Unintentional Disconnections. Except as otherwise determined by eFuse in its sole discretion, any technical issues or Bug encounters, whether defined in this Section 5 or not, must be played through and will not be cause for a remake. As a rule of thumb, matches will not be remade unless both players experience the same disconnection issues.

5.2.2    In addition, players acknowledge and agree that in participating in a Game competitive event the individual player solely determines which platform to use (i.e., PC, console, or mobile (as applicable)) and understands that he/she may face players competing on a different platform. Additionally, players acknowledge that the different platforms may offer features, such as controllers, player interface, and/or ability to individualize certain game settings/sensitivities, etc., which may arguably provide a competitive advantage to one platform over another. Players acknowledge their sole competitive platform choice and agree and waive any responsibility or liability of eFuse relating to such player’s involvement in a multiplatform competition, including any alleged competitive advantage of any other platform.

6.    Communication

6.1    Event Administrators will be available to answer player-specific questions and provide additional assistance throughout the Event via the support channels in the Event’s Discord server.

7.    Post-Match Process

7.1    Scoring

7.1.1    All scores for Qualifiers and Main Event rounds should be reported in the Event Discord server as directed by Event Admins.

7.1.2    At times, unforeseen issues may arise that result in score reporting delays and/or inaccuracies. For the duration of the Event, the score displayed within the Leaderboard will be the official score, regardless of accuracy, unless otherwise stated by eFuse. 

7.1.3    Without limitation of the foregoing, after a Round has ended, it may be necessary to adjust the Leaderboard standings (typically due to players or teams being DQ’d and removed from the Leaderboard for breaking these Rules, or for scoring errors). For advancement purposes, at the end of the applicable Round, the Leaderboard standings will be snapshotted, and those advancements will be immediately awarded and considered “final” for purposes of player or team advancement only, subject in all cases to final adjustment and confirmation by eFuse.

7.1.4 eFuse, in its sole discretion, reserves the right to disqualify any score and/or players if it determines, in its sole discretion, that a run was falsified, misleading, or otherwise completed in a nature not intended for the Event/Map. 

7.1.4.1 For clarity, players are encouraged to find the fastest methods and routes to complete the Map. Rule 7.1.4 is intended, in part, to prevent players finding routes completely outside of the intended path.

8.    Code of Conduct

8.1    Personal Conduct; No Toxic Behavior

8.1.1    All players must conduct themselves in a way that is at all times consistent with (a) the Code of Conduct in this Section 8 (“Code of Conduct”), (b) the Fortnite Community Rules available here, and (c) the general principles of personal integrity, honesty, and good sportsmanship.

8.1.2    Players must be respectful of other players, Event Administrators, spectators, and sponsors (as applicable), and Players must not reference third-party intellectual property in their clips.

8.1.3    Players shall not behave in a manner (a) which violates these Rules, (b) which is disruptive, unsafe or destructive, or (c) which is otherwise harmful to the enjoyment of the Game by other users as intended by eFuse (as decided by eFuse). In particular, players shall not engage in harassing or disrespectful conduct, use of abusive or offensive language, game sabotage, spamming, social engineering, scamming, or any unlawful activity (“Toxic Behavior”).

8.1.4    Players shall not (a) proclaim to be, or represent themselves as, a banned player or a cheater/rule breaker, or (b) glorify or otherwise endorse the breaking or violation of these Rules.

8.1.5    Any violation of these Rules may expose a player to disciplinary action as further described in Section 9.2, whether or not that violation was committed intentionally.

8.2    Competitive Integrity

8.2.1    Each player is expected to play within the spirit of the Game and these Rules at all times during any Event match.  Any form of unfair play is prohibited by these Rules, and may result in disciplinary action.  Examples of unfair play include the following:

Collusion (as defined below), match fixing or throwing, bribing a referee or match official, or any other unfair or illegal action or agreement to intentionally influence (or attempt to influence) the outcome of any match or Event.

Hacking or otherwise modifying the intended behavior of the Game client.

Playing or allowing another player to play on an Epic account registered in another person’s name (or soliciting, encouraging, or directing someone else to do so).

Using any kind of cheating device, program, or similar cheating method to gain a competitive advantage.

Intentionally exploiting any game function (e.g., an in-game bug or glitch) in a manner not intended by Epic or eFuse in order to gain a competitive advantage.

Using distributed denial of service attacks, swatting, or similar methods to interfere with another player’s connection to the Game’s game client.

Using macro keys or similar methods to automate in-game actions.

Accepting any gift, reward, bribe, or compensation for services promised, rendered, or to be rendered in connection with unfair play of the Game (e.g., services designed to throw or fix a match or session).

Utilizing outside assistance regarding the location or progress of other players, other players’ health or equipment, or any other information not otherwise known to the player by the information on his or her own screen (e.g., looking at or attempting to look at spectator monitors while currently in a match). For clarity, a player’s receipt of coaching or use of the in-game replay tool does not fall within this prohibition.

Intentionally disconnecting from the Game after you or a member of your team takes damage. For clarity, this only applies to players who intentionally disconnect with a member of their team receiving damage within 60 seconds prior to the intentional disconnection.

8.2.2    Players may not work together to deceive or otherwise cheat other players during any match (“Collusion”). Examples of Collusion include the following:

Communication: Sending or receiving signals (both verbal and non-verbal) to communicate with opposing players.

8.3    Wagering 

Players shall not (a) conduct or promote betting, wagering, or gambling on the Event or any portion thereof, or (b) benefit, either directly or indirectly, from betting, wagering, or gambling on the Event or any portion thereof.

8.4    Harassment

8.4.1    Players are prohibited from engaging in any form of harassing, abusive, or discriminatory conduct based on race, color, ethnicity, national origin, religion, political opinion or any other opinion, gender, gender identity, sexual orientation, age, disability, or any other status or characteristic protected under applicable law.

8.4.2    Any player who witnesses or is subjected to harassing, abusive, or discriminatory conduct should notify an Event Administrator. All complaints reported pursuant to this Section 8.4.2 will be promptly investigated and appropriate action will be taken. Retaliation against any player who brings forward a complaint or cooperates in the investigation of a complaint is prohibited.

8.5    Confidentiality

A player may not disclose to any third party any confidential information provided by the Event Administrators, Epic, or its affiliates concerning the Game, the Event, Epic, or its affiliates, by any method of communication, including by posting on social media channels.

8.6    Illegal Conduct

Players are required to comply with all applicable laws at all times.

9.    Rules and Conduct Violations

9.1    Investigation and Compliance

Players agree to fully cooperate with eFuse and/or an Event Administrator (as applicable) in the investigation of any violation of these Rules. If eFuse and/or an Event Administrator contacts a player to discuss the investigation, the player must be truthful in the information that he or she provides to eFuse and/or an Event Administrator. Any player found to have withheld, destroyed, or tampered with any related information, or otherwise found to have misled eFuse and/or an Event Administrator during or in connection to an investigation, or at any time in relation to rule violations, will be subject to disciplinary action as further described in Section 9.2.

9.2    Disciplinary Action

9.2.1    If eFuse decides that a player has violated the Code, eFuse may take the following disciplinary actions (as applicable):

  • Issue a private or public warning (verbal or written) to the player;
  • Loss of session points for the current or future match(es);
  • Loss of all or any part of the prizes previously awarded to the player;
  • Disqualify the player from participating in one or more matches and/or sessions at the Event; or
  • Prevent the player from participating in one or more future competitions hosted by eFuse.

9.2.2    For clarity, the nature and extent of the disciplinary action taken by eFuse pursuant to this Section 9.2 will be in the sole and absolute discretion of eFuse. eFuse reserves the right to seek damages and other remedies from such players to the fullest extent permitted by applicable law. 

The enforcement of any applicable sanction by eFuse shall not provide such player with grounds for claims against eFuse under any theory of law, or otherwise be considered a liability on the part of eFuse to such player.

9.2.3    A final decision by eFuse as to the appropriate disciplinary action will be final and binding on all players.

9.3    Rule Disputes

eFuse has final, binding authority to decide all disputes with respect to any portion of these Rules, including the breach, enforcement, or interpretation thereof.

10.    Conditions

The Event is subject to these Rules. By participating, each player agrees: (a) to be bound by these complete Rules (including the Code of Conduct) and the decisions of Epic which shall be final and binding; and (b) to waive any right to claim ambiguity in the Event or these Rules, except where prohibited by applicable law. By accepting a prize, the Winning Player agrees to release eFuse, Whataburger, and their affiliates from any and all liability, loss, or damage arising from or in connection with awarding, receipt, and/or use or misuse of prize or participation in any prize-related activities.

Neither eFuse nor Whataburger shall not be liable for: (i) telephone system, telephone, or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (ii) data corruption, theft, destruction, and unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses, or damages of any kind, including death caused by the prize or resulting from acceptance, possession, or use of a prize, or from participation in the Event; or (iv) any printing, typographical, administrative, or technological errors in any materials associated with the Event. eFuse reserves the right to cancel or suspend the Event in its sole discretion or due to circumstances beyond its control, including natural disasters. eFuse may disqualify any player from participating in the Event or winning a prize if, in its sole discretion, it determines such player is attempting to undermine the legitimate operation of the Event by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten, undermine, or harass any other players or eFuse’s representatives.

The internal laws of the State of Ohio, without reference to any of its conflicts of laws principles, shall govern disputes regarding these Rules and/or the Event. eFuse may, in its sole discretion, cancel, modify, or suspend the Event should a virus, bug, computer problem, unauthorized intervention, force majeure, or other cause beyond eFuse’s control corrupt the administration, security, or proper play of the Event.

Any attempt to deliberately damage or undermine the legitimate operation of the Event may be in violation of criminal and civil laws and will result in disqualification from participation in the Event.  Should such an attempt be made, eFuse reserves the right to seek remedies and damages (including attorneys’ fees) to the fullest extent of the law, including criminal prosecution. The Event is subject to all applicable federal, state, and local laws.

11.    Publicity; Interview Consent

11.1    By participating in this contest, entrants agree that any entity or person which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Event, the absolute right and permission to copyright and use, publish, reproduce, distribute, or otherwise use their name, tag, likeness, audio, video, game play statistics, and/or Epic account ID of any player, for advertising and promotional purposes in such manner and with such frequency as they shall determine in their discretion in any media, throughout the world, in perpetuity, without any compensation, further notice, or prior review unless specifically prohibited by law.

Entrants also hereby release, discharge, and agree to hold harmless eFuse, Whataburger, and their affiliates from and against any and all liability resulting from their use of an entrant’s likeness.

11.2    eFuse may, from time to time, reach out to players for an opportunity to voluntarily participate in an interview in connection with the Event (each, an “Interview”). Such players recognize that eFuse is not required to distribute, use, or feature such players and their game play or make them famous, but to the extent any such player wants eFuse to have the rights to do so, such player declares and affirms the following:

In connection with your participation in the Interview, you hereby grant to eFuse a royalty-free, worldwide right and license (with the right to grant sublicenses) to copy, display, distribute, edit, host, store and otherwise use and display your name, likeness, image, voice, video, game play statistics, and biographical information (collectively, “Interview Materials”), and create derivative works of the Interview Materials, in any and all present and future media, on or in connection with (i) the streaming of the Interview Materials; and (ii) eFuse’s marketing and promotion of the Event (if any), any other event, or the Game, in each case (items (i) and (ii)), without any compensation or prior review unless specifically prohibited by law. You understand that you can withdraw the aforementioned license at any time by contacting an Event Administrator in the event Discord server; provided, however, that this shall not affect the lawfulness of the use eFuse has made of such license before its withdrawal.

You acknowledge and agree that eFuse is under no obligation to select you to participate in an Interview or to include the Interview Materials in the Event or in any such other production, or to broadcast, exhibit, transmit, distribute or otherwise exploit the Interview Materials in any manner or media.

You represent and warrant the following: (A) you are not under any obligation to any other party which would in any way prohibit or restrict you from participating in the Interview as contemplated hereby or performing any of my obligations herein; (B) you have the right to grant the rights granted to eFuse, and you neither have nor will make any commitments that would conflict or interfere with the rights granted to eFuse; and (C) your participation in the Interview and the use of the Interview Materials by eFuse or anyone else will not violate or infringe upon any rights of any third party and will not cause you to be in breach or violation of any agreements to which you are a party.

12.    Waiver of Jury Trial

EXCEPT AS PROHIBITED BY APPLICABLE LAW AND AS A CONDITION OF PARTICIPATING IN THIS EVENT, EACH PARTICIPANT HEREBY IRREVOCABLY AND PERPETUALLY WAIVES ANY RIGHT S/HE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS EVENT, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH, ANY PRIZE AVAILABLE IN CONNECTION HEREWITH, AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

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