This user agreement (“User Agreement”) is a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and World Champions Rodeo Alliance, LLC (together with its affiliates, “WCRA,” “we,” “our,” or “us”) for the access to and use of the virtual rodeo qualifier platform (the “VRQ”) that allows users to nominate their performances in designated events (“Events”) to apply toward qualification for Series Events (as defined below) that are part of the Series (as defined below), and pay nomination fees and related charges, in each case via a website provided by WCRA (“Website”) or mobile application provided by WCRA (“Mobile App”). We may periodically make changes to this User Agreement and will notify you by posting a revised version on a Website. The revised User Agreement will become effective immediately upon such notice, and your continued use of the Websites and Mobile Apps will constitute acceptance of the revised User Agreement.
In order to use the VRQ or our related services, you must register for an account (your “Account”) with us. You must be at least 18 years old to have an Account, and by registering for one, you represent to us that you are at least 18 years old. If you are a minor at least 13 years old that wishes to use the VRQ in connection with Events in which you are permitted to participate, you may only do so only if your parent or legal guardian expressly consents to your use of the VRQ, signs up for and administers an Account on your behalf, and agrees that they and you will be bound by the terms and conditions of this User Agreement. Minors under the age of 13 may not use the VRQ.
When opening an Account, you (or if you are a minor, your parent or legal guardian) must provide complete and accurate information and you (or if you are a minor, your parent or legal guardian) must provide a valid credit card or debit card (“Payment Method”) to be maintained with our designated third-party payment processor. If your registration or Payment Method changes at any time, you must promptly update such information in your Account. We reserve the right to temporarily or permanently suspend your Account if we determine, in our sole discretion, that it contains incomplete or inaccurate information.
You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.
THE EVENTS; OTHER RODEOS
WCRA, jointly with certain rodeo-industry collaborators, organizes and produces an annual professional rodeo series, which will consist of a number of championship rodeos with aggregate prize payouts of at least $1,000,000 each (each, a “Major”) and semifinals with aggregate prize payouts of at least $500,000 each (each, a “Semifinal,” and together with the Majors, the “Series Events”) per calendar year (collectively, the “Series”). Except for certain Series Events, WCRA does not organize, produce or operate, and is not in any way responsible for or affiliated with, any other Events. While we may provide information about such Events through the VRQ, such details are for informational purposes only and we make no representation and give no warranty regarding their accuracy. WCRA has no control over such Events and is not responsible for the conduct, quality, safety, or legality of any such Event or your participation in them.
THIS USER AGREEMENT DOES NOT GOVERN YOUR PARTICIPATION IN AN EVENT. IN ORDER TO PARTICIPATE IN AN EVENT FOR WHICH YOU MAY QUALIFY, YOU MUST EXECUTE A SEPARATE PARTICIPATION AGREEMENT WITH WCRA (OR THE APPLICABLE ORGANIZER OF SUCH EVENT), AND YOUR PARTICIPATION WILL BE GOVERNED EXCLUSIVELY BY THAT AGREEMENT. IN ORDER TO PARTICIPATE IN AN EVENT, YOU MUST COMPLY WITH ANY REQUIREMENTS AND ENTER INTO ANY SEPARATE AGREEMENTS THAT MAY BE REQUIRED BY THE ORGANIZER OF SUCH EVENT.
WCRA EXPRESSLY DISCLAIMS, AND YOU AGREE TO RELEASE WCRA FROM, ANY LIABILITY UNDER THIS USER AGREEMENT WITH RESPECT TO YOUR PARTICIPATION IN AN EVENT. FOR AVOIDANCE OF DOUBT, THE DISCLAIMER AND RELEASE IN THE PRECEDING SENTENCE WILL NOT WAIVE OR RELEASE OUR OR YOUR RIGHTS OR OBLIGATIONS UNDER ANY OTHER AGREEMENT BETWEEN US.
In order to promote the growth of rodeo and related Western sports and to encourage the widest use of the VRQ in support of the Series, WCRA may from time to time establish relationships with other rodeo and related Western sports event organizers or sanctioning bodies (an “Alliance Partner”). In connection with those relationships, WCRA may agree to provide competitors in Alliance Partners’ Events with auto-qualification opportunities, championship exemption opportunities, and consolation points. A list of Alliance Partners and all Eligible Events (as defined below) at which auto-qualification opportunities, championship exemption opportunities, and consolation points may be available will be posted on a Website or the VRQ and updated regularly.
QUALIFICATION FOR EVENTS
You can obtain entry to Events in the Series in one of three ways:
- You can accumulate WCRA points for your performances in eligible Events by “nominating” those performances in advance through the VRQ, as described below. Points will be awarded in accordance with the WCRA point system described below;
- You can earn invitations directly to Series Events by placing first in your discipline(s) in certain designated Events if, and only if, you “nominate” your performances at such Events in advance through the VRQ (each, a “Win-and-You’re-In Nomination”); or
- WCRA may, by agreement with certain Alliance Partners, issue exemptions from qualification requirements to such Alliance Partners’ annual champions in one or more disciplines for the next succeeding Series Event (each, a “Championship Exemption”).
The field of competitors for each discipline in each Semifinal will be filled with a combination of the registered competitors (i) with the most WCRA points in that discipline, (ii) that have won a Win-and-You’re-In Nomination for such Event (if any), and (iii) that have been granted a Championship Exemption for such Series Event (if any).
Events eligible for Series points will be identified in the VRQ (each, an “Eligible Event”), along with the competitive division (the “Division”) to which they have been assigned. Eligible Events that are Win-and-You’re-In Nomination events will be designated as such.
You may nominate your performance in any Eligible Event by selecting it in the VRQ, together with your competition date, designated discipline, and paying the applicable fee (each, a “Nomination Fee”) (which payments will be handled by our designated third-party payment processor). Nominations must be complete (a) prior to the scheduled start time of the nominating athlete’s first competition/performance of an applicable Eligible Event or (b) solely with respect to a discipline for which “slack” has been announced at an applicable Eligible Event, the scheduled start time of the first performance of the slack. After such cut-off, no nominations for such Eligible Event will be accepted.
The Nomination Fee for each Eligible Event will be identified in the VRQ prior to your confirming your nomination and will be based on the Division to which the Eligible Event is assigned. For avoidance of doubt, the Nomination Fee for an Eligible Event is in addition to, and independent from, any registration fee or other cost of participating in the Eligible Event. You are responsible for paying any such other amounts required to participate in the Eligible Event.
If an Eligible Event permits multiple entries in a particular discipline (whether with different animals, as a member of different teams, or otherwise), you may separately nominate as many of your performances in such discipline as you desire. The applicable Nomination Fee must be paid for each such nomination. If you only nominate one performance but make multiple entries in such discipline, you will earn WCRA points (as described below) only for your best eligible result (if any). If you nominate multiple performances, you will earn WCRA points for each eligible result (if any), up to the number of nominations you make (and pay a Nomination Fee for).
WCRA POINTS; PERFORMANCE RESULTS; POINT DISPUTES
You will be awarded WCRA points for any Eligible Event that you nominate to the extent that your performance qualifies under the WCRA point system. The proprietary WCRA point system awards a raw score for each round of competition at an Eligible Event, with up to the top ten money winners (as determined by the organizer of the applicable Event) in each discipline receiving fixed point totals for each round, and then the raw scores are adjusted based on (a) the round within the individual Eligible Event (in the case of a multi-round Event), (b) the Division to which the Eligible Event is assigned, and (c) the type of event within such Division (e.g., a Division qualifier, semifinal, major, championship, etc.).
WCRA may also award “consolation points” to competitors that nominate performances, but do not otherwise place high enough to earn points from such performances, at designated Eligible Events organized or sanctioned by Alliance Partners. The number of consolation points issued with respect to any discipline at any Eligible Event will be one-half of the lowest point total awarded to any competitor in such discipline at such Eligible Event.
WCRA may also award “nomination points” to competitors that nominate performances, but do not otherwise place high enough to earn points from such performances, at Events organized or sanctioned by an organization that is not an Alliance Partner. The number of nomination points issued with respect to any discipline at any such Event will be determined by WCRA from time to time in its sole discretion.
WCRA will maintain a running tally of the WCRA points leaders in each discipline and the qualification standings for each upcoming Series Event on a Website or the VRQ. Points will be awarded based solely on official results from each Eligible Event that are either communicated directly to WCRA by the organizer(s) of such Eligible Event (or their authorized designees, such as event judges or other officials) or are publicly published in an independently verifiable source. You acknowledge and agree that WCRA shall have no responsibility for (a) the failure of any of the foregoing sources to timely provide official results or (b) the accuracy of the results we obtain from any of the foregoing sources and that it may use results from the foregoing sources without any obligation for further inquiry or investigation. If you believe that any results from the foregoing sources are inaccurate, it is your responsibility to contact the organizers of the Eligible Event to seek any adjustment to those results. Once points are initially awarded, we will only adjust those awards based on changes to results that are communicated directly to us by the organizers of the applicable Eligible Event and only if such changes are communicated to us prior to the qualification cut-off for a particular Series Event.
WCRA will update the WCRA point leaderboard each week (typically, though not always, on Wednesday afternoons) with WCRA points awarded for results of Eligible Event from the preceding week. It is your responsibility to monitor the WCRA point leaderboard for updates. In the event you dispute the WCRA points awarded for any nominated performance, you must notify WCRA of the dispute within 48 hours of the applicable WCRA point leaderboard update. Disputes not raised within such 48-hour period are waived and the posted point awards are final. If a timely dispute is resolved in your favor (i.e., different performance results are verified by the organizer of the applicable Eligible Event, or the point calculation for the applicable results is determined to be incorrect and is updated), the change to your WCRA points will be reflected in the next WCRA point leaderboard update.
Notwithstanding the foregoing, you must notify WCRA of any disputes regarding WCRA points awarded for results of Eligible Events taking place during the week preceding the qualification deadline for a Series Event (e.g. a Semifinal or a Major) within 24 hours of the WCRA points leaderboard update, and any such dispute must be resolved within 24 hours of notification. The qualification deadline for each Series Event will be prominently posted on a Website and in the VRQ. Notwithstanding the preceding paragraph, any dispute not raised or resolved within the foregoing time during the periods stated in the preceding sentence are waived and the posted point awards are final.
WCRA agrees to use commercially reasonable efforts to try to resolve any WCRA point dispute within the specified time limits, but WCRA has no control over and shall not be responsible for the availability, responsiveness, or willingness to cooperate of any organizer of any Eligible Events. WCRA cannot guaranty its or your ability to timely resolve any WCRA points dispute relating to disputed performance results, and we hereby disclaim to the greatest extent possible under applicable law any liability or other obligation that may arise from or relate to the inability to timely resolve any WCRA points dispute.
FAIR COMPETITION AND CONDUCT
You agree to use the VRQ and to compete in all Events fairly and in good faith, in accordance with applicable laws and all rules, guidelines, or codes of conduct applicable to such Events.
You acknowledge that WCRA’s forfeiture of WCRA points or suspension or termination of your ability to use the VRQ shall in no way prevent WCRA from also pursuing criminal or civil proceedings in connection with such conduct.
WCRA may charge you fees (including the Nomination Fee) for nominating your performances in Eligible Events through the VRQ. Service fees may vary depending on the type and location of the Eligible Event, among other factors. WCRA may in our sole and absolute discretion change our service fees at any time. All applicable service fees will be disclosed to you prior to you taking any action that would incur such service fees (such as prior to you completing a nomination). Payment of all service fees will be handled by our third-party payment processor. The fees charged by WCRA for use of the VRQ are not refundable or creditable under any circumstances, even if you do not participate in the applicable Event for any reason.
CHANGES AND AVAILABILITY
We reserve the right at any time to modify or discontinue, temporarily or permanently, the VRQ, or any portion of any of them for any reason and with or without notice. We perform regularly scheduled maintenance on the VRQ, and while we do our best to avoid impact to you, the VRQ may be temporarily unavailable during the periods of such maintenance. WCRA shall have no responsibility or liability for any consequences resulting from your inability to use the VRQ during any period of unavailability.
ACKNOWLEDGEMENT OF RISK
In consideration for being allowed to use the VRQ, any websites linked to it, any content on the VRQ or other such websites, or obtain items through the VRQ or other such websites, or attend any Events, including present and future rodeo or similar events, through or that directly or indirectly result from your use of the VRQ, you acknowledge the risks associated with use of the VRQ and that rodeo and similar activities are inherently dangerous and exposes event participants to serious and significant risks, including risks of personal injury, death and damage to property.
WAIVER, RELEASE AND ASSUMPTION OF RISK
BEING FULLY AWARE OF ALL SUCH RISKS, IN CONSIDERATION OF BEING PERMITTED TO USE THE VRQ, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, KNOWINGLY ASSUME THE RISK OF SUCH USE AND DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS, OBLIGATIONS, DEMANDS, CAUSES OF ACTION OR LIABILITY OF ANY KIND WHATSOEVER – WHETHER KNOWN OR UNKNOWN; SUSPECTED OR CLAIMED; REAL, POTENTIAL OR HYPOTHETICAL; DISCLOSED OR UNDISCLOSED; EXISTING OR CONTINGENT; SOUNDING IN LAW, EQUITY OR OTHERWISE IN TORT, CONTRACT OR OTHERWISE – AGAINST WCRA AND EACH OF ITS PARENTS, AFFILIATES, PREDECESSORS AND SUCCESSORS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OFFICIALS, AGENTS, MEMBERS, VOLUNTEERS AND/OR EMPLOYEES, AND ALL OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, INSURERS, OWNERS AND, IF APPLICABLE, LESSORS OF PREMISES USED TO CONDUCT EVENTS AND ANY RELATED ACTIVITIES WHEREVER CONDUCTED (COLLECTIVELY, THE “RELEASEES”) UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE VRQ, ANY WEBSITES OR MOBILE APPS LINKED TO IT, ANY CONTENT ON THE VRQ OR SUCH OTHER WEBSITES OR MOBILE APPS, ANY ITEMS OBTAINED THROUGH THE VRQ OR SUCH OTHER WEBSITES OR MOBILE APPS, OR ANY EVENTS, INCLUDING PRESENT AND FUTURE EVENTS, ENTERED OR ACCESSED THROUGH OR AS A DIRECT OR INDIRECT RESULT OF THE VRQ, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS WITH RESPECT TO (A) GROSS NEGLIGENCE, NEGLIGENCE OR NEGLIGENCE PER SE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY RELEASEE, STRICT LIABILITY OR PREMISES LIABILITY; (B) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE; (C) ACTS OF OTHER PARTICIPANTS IN OR ATTENDEES OR GUESTS AT ANY EVENT ENTERED OR ACCESSED THROUGH THE VRQ OR ANY PERSONNEL AT THE EVENT VENUES; AND (D) ANY OTHER RISKS OR HAZARDS ASSOCIATED WITH YOUR ATTENDANCE AT OR PARTICIPATION IN EVENTS ACCESSED THROUGH THE VRQ, INCLUDING WITHOUT LIMITATION THE GENERAL CONDITIONS OF THE VENUES OF THE EVENTS, EXPOSURE TO WILD OR DOMESTIC ANIMALS, EXPOSURE TO ANY ILLNESS OR DISEASE AND DRIVING OR RIDING IN ANY VEHICLE, WHETHER BELONGING TO A RELEASEE OR ANOTHER PERSON (COLLECTIVELY, THE “RELEASED CLAIMS”). WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NO RELEASEE WILL BE LIABLE TO YOU, YOUR FAMILY OR YOUR GUESTS FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, MONETARY DAMAGE OR ANY OTHER CLAIM DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO YOUR USE OF THE VRQ OR PARTICIPATION IN, OR SUCH OTHER PERSON’S ATTENDANCE AT, EVENTS ENTERED OR ACCESSED THROUGH THE VRQ.
YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), OBLIGATIONS, LIENS, LIABILITIES, ACTIONS AND CAUSES OF ACTION, THREATENED OR ACTUAL, THAT ANY ONE OF THE RELEASEES MAY SUFFER OR INCUR ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS OR USE OF THE VRQ; (B) YOUR BREACH OF THIS USER AGREEMENT; (C) YOUR SUBMISSION OR TRANSMISSION OF ANY CONTENT TO OR THROUGH THE VRQ; (D) YOUR OR OUR ACCESS OR USE OF ANY CONTENT; (E) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS OR RIGHTS TO PRIVACY); (F) YOUR PARTICIPATION IN ANY EVENT ACCESSED OR ENTERED THROUGH THE VRQ; OR (G) LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND, INCLUDING ATTORNEYS’ FEES, IN EACH CASE IN ANY WAY CONNECTED WITH OR ARISING OUT OF A RELEASED CLAIM. THE FOREGOING INDEMNIFICATION SHALL SURVIVE ANY TERMINATION OR THE EXPIRATION OF THE TERM OF THIS AGREEMENT.
This agreement shall in all respects be interpreted, enforced and governed under the laws of the State of Texas, without regard to any rules of conflict of laws that would require the application of the laws of a state other than Texas.
If there is any dispute, claim, question or disagreement concerning or relating to this Agreement or your use of the VRQ (a “Dispute”), you (and your parent or legal guardian if you are a minor) shall notify WCRA in writing to attempt to resolve such Dispute in good faith negotiations. For a period of 30 days following such notification, the parties shall use their best efforts to settle any such Dispute in these good faith negotiations, which shall be a condition precedent to either party initiating arbitration. You (and your parent or legal guardian if you are a minor) agree that any Dispute must be filed within one year after such Dispute first arises or it is forever barred. All Disputes, regardless of the grounds upon which such Dispute is brought, shall be settled by binding arbitration conducted by a single, independent arbitrator and administered by the American Arbitration Association Commercial Arbitration Rules and procedures then in effect, but excluding any rules or procedures governing or permitting class actions. By agreeing to arbitrate all Disputes, each party waives all rights to a trial by jury in any action or proceeding involving any Disputes. The arbitration shall take place in Travis County, Texas. You (and your parent or legal guardian if you are a minor) agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and you (and your parent or legal guardian if you are a minor) waive any argument that such forum does not have personal jurisdiction, is not appropriate or is inconvenient. You (and your parent or legal guardian if you are a minor) further agree that all Disputes and causes of action arising out of or in connection with the Event, or any prizes awarded, shall be resolved individually without resort to any form of class action and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Dispute of any other party – the arbitrator shall have no authority to arbitrate any Dispute as a class action or in any other form other than on an individual basis. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
Nothing in this User Agreement shall create a partnership, agency, joint venture, employment, or other legal relationship of any kind between us and you.