AMERICA’S CUP E-SERIES
GENERAL TERMS AND CONDITIONS

AC37 Event Limited, a company incorporated under the Laws of New Zealand with its office at Auckland – 56 Brigham Street Wynyard Quarter, 1010, is organising the America’s Cup e-Series championship in accordance with the following terms and conditions.

1- INTRODUCTION

  1. The America’s Cup e-Series is an esports championship that offers Participants worldwide the chance to race against the world’s best virtual sailors to compete for the America’s Cup e-Series Champion title.
  2. The America’s Cup e-Series provides Participants with the opportunity to compete for a designated prize pool of €50,000, as well as a chance experience the unparalleled thrill of racing a real AC40 yacht against a Youth America's Cup team.
  3. The America’s Cup e-Series is based on AC Sailing, the official simulation videogame of the Louis Vuitton 37th America’s Cup. The America’s Cup e-Series is the exclusive esport championship for the game.
  4. The America’s Cup e-Series is part of the official Louis Vuitton 37th America’s Cup regatta calendar, providing Participants with the opportunity to be part of the competition associated with the world’s oldest international sporting trophy.

2- TERMS OF ENTRY

By entering the America’s Cup e-Series, you (a “Participant”) agree to abide by the following terms and conditions (“Terms and Conditions”):

  1. These terms and conditions, which set out the rules of the America’s Cup e-Series (the “Competition Rules”)
  2. The terms of use and the privacy policy of https://www.americascup.com/ (the “Website”) as updated from time to time, are available at https://www.americascup.com/legal/advice  and https://www.americascup.com/legal/terms.

3- ELIGIBILITY

All the Participants must be duly registered and shall comply with the following:

  1. Must be a natural person.
  2. Must be at least 18 years old at the moment of registration; or be able to present the Underaged Liability Waiver provided by ACE, duly signed by his/her Parents or Legal Guardian
  3. Own or have access to the official AC Sailing videogame
  4. Own a personal Steam® or Epic Games® Store account (PC Platform)
  5. Have an internet connection.
  6. The Championship prohibits participation from individuals who meet any of the following criteria:
    1. Members of the Sailing Team, as defined in the Protocol Governing the 37th America’s Cup (the “Protocol”), of any participating team in the Louis Vuitton 37th America's Cup (“AC Team”).
    2. Individuals directly involved in the design, engineering, performance analysis, strategy development, or performance analysis of any AC Team’s yacht.
    3. Individuals employed, contracted or otherwise engaged by an AC Team in any management, coaching, operational, or technical capacity
    4. Any other Team Members (as defined in the Protocol) of an AC Team or Team Members of any participating team in the 2024 Youth and Women’s America’s Cup Regattas (both AC Teams and other invited yacht club teams).
    5. Individuals employed, contracted or otherwise engaged by an organising entity of the Louis Vuitton 37th America’s Cup.

ACE reserves the right to refuse to accept any particular Participant name or Participant usernames that are considered by ACE, at its sole discretion, to be inappropriate, unlawful or offensive. Unsuitable names will be deleted, and the application will either be displayed under a default name chosen by ACE, previously communicated by ACE.or if this isn’t practical the participant may be excluded from competing

Participants can register for the America’s Cup e-Series through an in-game form/browser form. This process will record basic information such as the Participant's name, contact details, and gaming platform (Epic or Steam). This information will be used to contact Participants regarding the final 8 playoffs

  1. Once registration is completed, Participants are automatically added to the leaderboard and are eligible to participate in races throughout the competition weeks. There is no limit to the number of races a Participant can compete in.
  2. To ensure that all participants meet the age criteria of 18 years and above, age verification will be required with the entry forms. Participants may be required to provide proof of age to compete in the weekly playoffs
  3. The registration process remains the same for both Epic and Steam Participants.

ACE and its employees, agents and/or representatives shall not be responsible for:

  1. . Any actions taken using a Participant’s password (and the Participant is responsible for the safety and security of his/her password).
  2. Any entries which are delayed in transit, regardless of cause, including, for example, because of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
  3. Lost, late, incomplete, damaged, stolen, invalid, unintelligible, or misdirected entries, will be disqualified.

4- CHAMPIONSHIP FORMAT

The America’s Cup e-Series championship consists of two stages: 

  1. Public online qualification rounds (the “Online Qualifiers”)
  2. A grand final event in Barcelona (the “Grand Final”)

4.1 Online Qualifiers

  1. The Qualifier stage consists of six rounds of weekly challenges, that will be held weekly in 2024 in accordance with the following schedule:
    • Round 1: July 31st to August 6th, with the Playoff Final on August 10th
    • Round 2: August 7th to August 13th, with the Playoff Final on August 17th.
    • Round 3: August 14th to August 20th, with the Playoff Final on August 24th.
    • Round 4: August 21st to August 27th, with the Playoff Final on August 31st
    • Round 5: August 28th to September 3rd, with the Playoff Final on September 7th
    • Round 6: September 4th to September 10th, with the Playoff Final on September 14th.
  2. Within each Round:
    1. Participants can race anytime to accumulate points
    2. For each qualifying round, every competing Participant will start with a tally of 1500 points on the Round’s leaderboard. Points are awarded for doing well in races and may be lost by performing badly in races. The exact number of points that can be won or lost in a race depends on the number of participants in a race, and the relative rankings of the competing Participants.
    3. These weekly Rounds are ongoing events where Participants can race at any time to accumulate (or lose) points.
    4. There will be 9 preset courses available, randomly picked.
    5. The top eight ranked Participants each week will advance to a Playoff Final, taking place the following Saturday.
  3. For each Playoff Final:
    1. Each Playoff Final will be scheduled for a time to be advised on the Saturday following the end of the relevant Round.
    2. Each Playoff Final will be run according to the format detailed in section 4.3, Race Finals Format.
    3. Joining: ACE will host the Playoff Final races and will create an invite code that the Participants can use to join the lobby. This invite code will be communicated by ACE to the eight qualifying Participants. The host will then control when races start.
    4. If a qualified Participant is unable to attend the Playoff Final, backup participants (likely those who ranked next in the weekly challenges) may be invited at the sole discretion of ACE to compete.
    5. Each Playoff Final may be live streamed on the official America's Cup Twitch channel. Participants in a Playoff Final are required, if requested, to stream themselves playing in the Playoff Final using a webcam with any software required by ACE.

4.2 Grand Final

  1. The first season concludes with a Grand Final event in Barcelona on Saturday, September 28th. The tournament features a prize pool of €50,000, with prizes being awarded to the top scoring Participants of the season. Also, after the completion of racing in the e-Series the top two e-Series finalists will be offered the opportunity to race an AC40 yacht against the Unicredit Youth America’s Cup winners. If such an invitation is declined then the opportunity will be offered to the next highest scoring e-Series participant(s). 
  2. The ultimate victor of the e-Series will receive a grand prize of €25’000.
  3. A total of 8 Participants will compete in the Grand Final to determine the America's Cup e-Series Champion, unless reduced to less than 8 due to unforeseen circumstances.
  4. Participants can qualify for the Grand Final through:
    • Online Qualifiers (6 spots): Each winner of the 6 Playoff Finals will earn a spot in the Grand Final.
    • Wildcards (2 spots): ACE will also offer 2 Wildcards to participants to compete in the Grand Final. These individuals will be chosen based on online qualifiers (art. 4.1) and their performance in previous esports or sailing competitions, or other relevant factors considered relevant at the sole discretion of ACE.
  5. Participants who qualify will be offered travel and accommodation expenses. Other expenses are at Participants’ charge.
  6. A Participant who has not responded to communication from ACE or who fails to demonstrate that they are willing and able to attend the Grand Final within a reasonable time ahead of the Grand Final may be excluded at the sole discretion of ACE.
  7. If a qualified Participant declines their invitation to participate in the Grand Final in Barcelona, or is unable to attend for any reason, ACE reserves the right to decide on the reallocation process (either a “reserve” race or additional Wildcard allocation)
  8. . Equipment: The Grand Finals will be played on equipment provided by ACE and allocated by ACE to each Participant. Participants will have the option of using Keyboard + mouse / steering wheel / controller depending on what they have been using during the competition. This allows Participants to compete under conditions they are familiar with. Participants are not permitted to bring their own equipment.
  9. The Grand Final will be run according to the format detailed in Section 4.3, Race Finals Format.

4.3 Race Finals Format

  1. Each Playoff Final, and the Grand Final, will follow the format detailed in this section.
  2. Each Final will comprise five fleet races, each taking about 10 minutes.
  3. Points will be awarded in each of the five fleet races, according to the finishing positions of each Participant:
    1. 1 st place is awarded 8 points
    2. 2nd place is awarded 7 points
    3. 3rd place is awarded 6 points
    4. 4th place is awarded 5 point
    5. 5th place is awarded 4 points
    6. 6th place is awarded 3 points
    7. 7th place is awarded 2 points
    8. 8th place is awarded 1 point
    9. No points will be awarded to a Participant that does not finish a race
  4. Points awarded for each race will be multiplied as follows, then accumulated over the five races:
    1. . In Race 1, points have a multiplier of x1
    2. In Race 2, points have a multiplier of x2
    3. In Race 3, points have a multiplier of x3
    4. In Race 4, points have a multiplier of x4
    5. . In Race 5, points have a multiplier of x5
  5. The winner of each Final will be the Participant that has accumulated the most points (after the multipliers are applied) over the five races of that Final
  6. In the event of a tie between the highest scoring Participants:
    1. If time allows, a final race will be started by the host, which is only eligible for those Participants that are tied. If only two Participants are tied, this race will be in the format of a match race. If more than two Participants are tied, it will be a fleet race. The winner of the Final will be the winner of this final race.
    2. i. If time doesn’t allow a final race, the Participant who was awarded more points in Race 1 will be declared the winner.
    3. The decision of ACE as to whether or not a final race is run, or whether the winner is decided based on Race 1 points, will be final.

4.4 General Rules

  1.  Any in-game penalties (e.g. due to a port-starboard infringement) will be final and not subject to any appeal. Participants acknowledge that AC Sailing is a game, and whilst penalties are designed to closely match America’s Cup sailing rules, they may differ in some respects, and there shall be no redress.
  2. Race scoring will be determined by the game, except that in exceptional circumstances ACE may declare a race void if in their judgement technical issues have made it unfair. However, no redress will be given as a result of internet connection, software or hardware issues suffered by Participants.
  3. Dismissal from Competition: Participants may be dismissed from the competition for reasons such as cheating or toxic behaviour. This ensures a fair and respectful gaming environment for all participants.
  4. Compliance with Rules: Participants are expected to comply with all rules and regulations of the game and the competition. This includes respecting other Participants, avoiding cheating, and adhering to the competition's schedule and format.

5- PRIZES

5.1 Prize Pool

  1. The America’s Cup e-Series features a prize pool of € 50,000, which will be distributed to the top eight participants in the following way:
    1. 1st position: € 25,000
    2. 2nd position: € 10,000
    3. 3rd position: € 5,000
    4. 4th position: € 3,000
    5. 5th position: € 2,500
    6. 6th position: € 2,000
    7. 7th position: € 1,500
    8. 8th position: € 1,000

5.2 Prize Distribution

  1. The prizes shall be provided and delivered directly to the winners.
  2. Prizes will only be awarded complying with all applicable laws, to Participants with legal residence/domicile in any given territory where the prize can be legally delivered. Tax regulation of the prizes will be according to the applicable law and any applicable taxes will be deducted from the prize money.
  3. In the event a minor under the age of 18 wins a prize; the prize shall be accepted by his/her parent or Legal guardian

5.3 Real-World Racing Opportunity

  1. Without limiting the generality of the foregoing, in addition to the prizes outlined in Section 5, the top two (2) highest-scoring Participants in the Grand Final will be awarded a unique opportunity to participate in a real-world sailing experience in an AC40 yacht
  2. This experience will take place in Barcelona, Spain, alongside professional sailors, and will involve racing against the winners of the Unicredit Youth America's Cup
  3. This opportunity will include a three (3) day training program, consisting of two (2) days utilizing a sailing simulator and one (1) day training on the AC40 yacht.
  4. All costs associated with travel, accommodation, and other expenses related to this experience will be covered by ACE, as per ACE's discretion.
  5. Eligibility and Participation:
    1. Participants must be at least 18 years old to be eligible for the AC40 experience.
    2. Participants may be required to meet certain health and fitness standards and may be required to provide medical documentation as determined by ACE, in its sole discretion
    3. Participants must sign a liability waiver and release form specific to the AC40 experience, acknowledging and assuming all inherent risks associated with sailing
  6. Logistical Considerations:
    1. ACE will be responsible for booking and managing travel arrangements (flights and accommodation) for the AC40 experience.
    2. Participants are solely responsible for obtaining any necessary visas or travel authorizations.
    3. ACE will provide insurance coverage for Participants during the AC40 experience, as determined by ACE in its sole discretion. Details of the insurance coverage will be provided to the Participants prior to the AC40 experience.
  7. ACE reserves the right to cancel, postpone, or modify the AC40 experience due to weather conditions, unforeseen circumstances, or events beyond its reasonable control (force majeure). In the event of such cancellation, postponement, or modification, ACE shall not be liable for any costs, expenses, or damages incurred by Participants
  8. Participants grant ACE the right to use their name, image, likeness, and biographical information for publicity and media purposes related to the AC40 experience
  9. Participants acknowledge and agree that this real-world racing opportunity is subject to availability, may be subject to change at ACE's sole discretion, and may be subject to additional terms and conditions as determined by ACE.

6. ACCEPTANCE OF RULES

Participant acknowledges and accepts the following:

6.1 Image Rights and Publicity

  1. The Participant acknowledges and agrees that by participating in the America’s Cup e-Series, the Participant grants in exclusivity to ACE their image rights arising out of their participation in the America’s Cup e-Series events (in perpetuity and worldwide) by signing the corresponding document that will be signed by the Participant, before their participation in the America’s Cup e-Series.
  2. The Participant agrees to stream themselves participating in the Playoff Finals using a webcam, and for that video and audio stream to be used by ACE for live-streaming to Twitch, or any other purpose.
  3. The Participant might be required to participate in publicity and media activity related to the America’s Cup e-Series and agree to do so
  4. The Participant will avoid any activity or public information which could damage or negatively affect it as well as doing or permitting any act which might adversely affect any of America’s Cup or America’s Cup e-Series’ commercial rights or the value of its commercial rights. Therefore its breach entitles ACE to automatically disqualify the Participant.

6.2 Behavioural Standards

  1. Participants are expected to conduct themselves in a professional and sportsmanlike manner at all times during the America's Cup e-Series competition. This includes but is not limited to refraining from any form of cheating, harassment, discrimination, or other inappropriate behaviour. Participants who violate these standards may be subject to disciplinary action, up to and including exclusion from the competition.
  2. Participants are prohibited from using drugs or alcohol during the America's Cup eSeries competition. Any Participant found to be under the influence of drugs or alcohol may be subject to disciplinary action, up to and including exclusion from the competition.

6.3 Dress code

  1. . Participants are expected to dress appropriately for the Grand Final event. ACE reserves the right to establish a dress code for the Grand Final, which will be communicated to Participants prior to the start of the competition. Participants who fail to comply with the dress code may be subject to disciplinary action, up to and including exclusion from the competition.

7-  COMMERCIAL

7.1 Ownership and Management of Commercial Rights

  1. ACE retains exclusive ownership of all commercial rights related to the event. This includes, but is not limited to, media rights, sponsorship rights, merchandising rights, and any other form of commercial exploitation.
  2. ACE has the sole authority to allocate, manage, and impose commercial rights that have been assigned to our commercial partners. This includes, but is not limited to, the right to display logos, advertisements, and other promotional materials during the event.

7.2 Participant Obligations

  1. All participants agree to adhere to the guidelines and regulations set forth by ACE regarding the use of commercial rights. This includes compliance with any branding, sponsorship, and media requirements as specified by ACE.
  2. By participating in the event, participants grant ACE and their commercial partners the right to use their name, image, and likeness for promotional and commercial purposes related to the event. This includes, but is not limited to, broadcasts, social media posts, advertisements, and merchandise

7.3 Restrictions on Unauthorized Commercial Activity

  1. Participants are prohibited from engaging in any unauthorized commercial activities during the event. This includes, but is not limited to, the display of unauthorized logos, advertisements, or any form of promotion not sanctioned by ACE
  2. ACE reservesthe right to enforce this clause by any means necessary, including the removal of unauthorized materials, disqualification of participants, and legal action if deemed appropriate.

7.4 Modification and Interpretation

  1.  ACE reserves the right to amend this clause at any time. Participants will be notified of any changes in a timely manner
  2. ACE holds the final authority in the interpretation and implementation of this clause. Any disputes arising from the commercial rights provisions will be resolved at the sole discretion of ACE.

8- PERSONAL DATA

ACE is committed to protecting Participants’ privacy and ensuring the security of their personal information. This Section explains how we collect, use, disclose, and protect Participants’ information when you use our website and engage with our game

8.1 Information we collect about Participants

The types of information we may hold about Participants will depend on how Participants have interacted with us. We collect most information directly from Participants; however, some information is collected automatically when you visit play AC Sailing, and some information is collected by Steam and Epic Games (our platform providers).

8.2 Information collected

Information we hold about Participants could include:

  1. Information that they share with us through our website forms or when they contact us directly. This can include things like their full name, phone number and email address.
  2. Epic Games and Steam (if linked) Username and User ID, as well as information about their performance when playing game (e.g. their score and position on leaderboards).
  3. Information about their use of our website including IP address, browser type, device information, and pages viewed.
  4. We may ask for additional information from Participants when signing up for the e-Series. This could involve details such as physical address, phone number, and date of birth, in addition to the information mentioned earlier.

8.3 Use of information

We use Participants’ information to:

  1. Contact them by email, phone, or text. For example, this may be in relation to a support message they have sent us.
  2. Facilitate their participation in the e-Series.
  3. Improve the user experience. This may include analysing usage data to improve our website and game, enhance the user experience, and optimising performance.
  4. To inform qualifiers of finals dates and times, and to get prizes to the winners.
  5. Provide them with relevant marketing and advertising. With their permission, we may send them promotional emails or updates about the AC Sailing game. They can opt-out at any time

8.4 Information sharing

  1. . We share Participants’ information with trusted third parties to help us run our business and assist us in delivering our website and the AC Sailing game, esport events or providing customer support. Sometimes these relationships mean that we need to transfer your information outside of Spain or New Zealand. When we do this, we take steps to ensure that Participants’ information and rights are protected.
  2. We may also disclose information to comply with legal obligations or respond to lawful requests from authorities.

8.5 Data protection

We only keep Participants’ information for as long as we think it is necessary. We regularly check what we have, and if we do not need it for legal or business reasons anymore, we either delete it or make it anonymous. We also make sure to take reasonable steps to keep personal information safe from unauthorised access.

8.6 Participants’ rights

  1. Participants have several rights over their personal information, including the right to access, correct, and delete their personal information.
  2. If Participants want to exercise their rights, have a complaint, or just have questions, please contact us. Our contact details are at the end of this Section

8.7 Contact

If Participants have any questions or concerns about this Privacy Policy, please contact us at assist@acsailing.com.

Or if you would like to, you can write to us at:

Privacy Officer 56
Brigham Street,
Auckland 1010,
New Zealand

8.8 Changes to this privacy policy

We may change this statement from time to time, to reflect how we collect, use, or store Participants’ information. If we make significant changes to our processes, then we will take appropriate steps to bring this to Participants’ attention.

9- LIABILITY

ACE does not accept responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the America’s Cup eSeries or accepting any prize. ACE further disclaims any liability for any injury or damage to your or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with the America’s Cup e-Series save to the extent that (i) death or personal injury is caused by ACE’s negligence; (ii) such liability arises from fraud or fraudulent misrepresentation; or (iii) for any other reason or by any cause which cannot be excluded by law.

10- MISCELLANEOUS

  1. ACE reserves the right to cancel, modify, or suspend the America's Cup e-Series championship at any time and for any reason. In the event of cancellation, modification, or suspension, ACE will make reasonable efforts to notify Participants in advance.
  2. ACE may modify these Terms and Conditions at any time without prior notice. Participants are responsible for regularly reviewing the Terms and Conditions to ensure compliance.
  3. These Terms and Conditions constitute the entire agreement between ACE and Participants with respect to the America's Cup e-Series championship and supersede all prior agreements and understandings, whether written or oral.
  4. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  5. Failure by ACE to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or of the right to enforce such provision.
  6. Participants may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of ACE.
  7. These Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship between ACE and Participants.
  8. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
  9. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns
  10. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, fires, floods, or other natural disasters.

11- GOVERNING LAW AND LOCATION

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain