Effective Date: 10/24/2025

Welcome to WV Toughman and West Virginia Sports Promotions, Inc. (the “Site”, “we”, “us”, “our”) By accessing or using the Site and/or by entering any events via our Site, you agree to these Terms & Conditions (“Terms”). If you do not agree to these Terms, do not use the Site or submit a registration.

1. Eligibility

• 1.1 You must be at least 18 years old (or the age of majority in your jurisdiction) to register or participate in events.
• 1.2 By registering, you represent and warrant that you meet all requirements (age, health, legal eligibility, etc.) to participate.
• 1.3 You agree to provide true, accurate, current, and complete information during registration, and to update it as needed.

2. Registration, Participation & Entry

• 2.1 To participate in an event, you must complete the registration entry process, providing required personal information.
• 2.2 Submission of your registration constitutes your agreement to receive communications from us (see Section 4).
• 2.3 We reserve the right to accept or reject your entry for any reason (e.g., failure to meet eligibility, health concerns, or for cause) in our sole discretion.
• 2.4 You understand that participation in a contest or fight event may involve risk. You agree to comply with all rules, safety instructions, and event policies, and you accept all liability and risk associated with your participation.

3. Communications: Email, Text Messaging & Notices

• 3.1 By registering, you expressly consent to receive communications from us by email and SMS (text messages) at the contact information you provide.
• 3.2 These communications may include confirmations, updates, promotional offers, event details, or other notices.
• 3.3 Message frequency may vary. Standard messaging and data rates imposed by your carrier may apply.
• 3.4 You may opt out of promotional texts or emails at any time, by following the unsubscribe instructions included in each message, or by contacting us directly. However, transactional or administrative messages (e.g. regarding your registration or event changes) may still be sent.
• 3.5 You agree that electronic communications satisfy any legal requirement that notices be in writing.

4. Data Use, Privacy & Sharing

• 4.1 We collect, store, and use personal data as described in our Privacy Policy (which can be seen Here).
• 4.2 We will not sell your personal information to third parties, except under the limited circumstance if you sign up for a contest or promotional sweepstakes that explicitly states your data may be shared as part of the contest’s rules or to administer the contest.
• 4.3 Even in a contest scenario, your data will be shared only as necessary (for notifying winners, prize fulfillment, etc.), and consistent with applicable laws and the contest rules.
• 4.4 We may share personal data with service providers, affiliates, event partners, or contractors solely to the extent necessary to operate the Site or host events. These parties are required to protect your data and may use it only for permitted purposes.
• 4.5 We may aggregate and anonymize data for analysis, statistical reporting, or improving our services; such anonymized data does not identify you personally.

5. Intellectual Property

• 5.1 All content on the Site, including text, graphics, logos, images, videos, software, and trademarks, is the property of West Virginia Sports Promotions, Inc and WV Toughman or its licensors and is protected by copyright, trademark, and other laws.
• 5.2 You may not copy, modify, distribute, reproduce, publicly display, or create derivative works of the content without our express written permission.
• 5.3 If you submit photographs, videos, or other content (e.g. during or about an event), by submitting you grant us a royalty-free, worldwide, nonexclusive, perpetual license to use, reproduce, display, distribute, adapt, and otherwise exploit that content for promotional and business purposes

6. Disclaimers & Limitation of Liability

• 6.1 No warranty. The Site, its content, and event services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including fitness for a particular purpose, noninfringement, or uninterrupted availability.
• 5.2 You may not copy, modify, distribute, reproduce, publicly display, or create derivative works of the content without our express written permission.
• 6.2 Limitation of liability. To the extent permitted by law, in no event shall we, our officers, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with:
  • your use or inability to use the Site or participate in events
  • any errors, omissions, or interruptions in operation
  • your reliance upon content or communications from us
• 6.3 Cap on liability. Our aggregate liability under these Terms shall not exceed the amount you paid (if any) to us for the affected event or service.
• 6.4 Some jurisdictions do not allow disclaimers or limitations of liability; in those jurisdictions, the limitations may not fully apply.

7. Indemnification

• You agree to indemnify, defend, and hold harmless WV Toughman (and its officers, directors, employees, agents, contractors, and affiliates) from any claim, demand, loss, liability, damage, or expense (including attorneys’ fees) arising out of or related to:
  • your breach of these Terms
  • your registration, participation, or misuse of the Site or event
  • your submission of false, inaccurate, or unlawful information
  • claims by third parties relating to your conduct

8. Termination

• 8.1 We may suspend or terminate your access to the Site, your registration, or your participation at any time and for any reason (e.g. violation of these Terms or event rules) without notice.
• 8.2 Sections that by their nature should survive termination (e.g. Intellectual Property, Disclaimers, Indemnification) will survive.

9. Modifications

• We may revise these Terms at any time. Updated Terms will take effect when posted on the Site (with a new effective date). By continuing to use the Site or participate in events after revisions, you agree to the new Terms.

10. Governing Law & Dispute Resolution

• 10.1 These Terms are governed by the laws of the state of West Virginia (or your chosen jurisdiction) without regard to conflict of laws principles.
• 10.2 Any dispute arising under or relating to these Terms or your participation shall be resolved exclusively in the state or federal courts located in Harrison County, West Virginia. You consent to personal jurisdiction in those courts.

11. Miscellaneous

• 11.1 Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force.
• 11.2 Waiver: Our failure to enforce any right or provision under these Terms does not constitute a waiver of such right or term.
• 11.3 Entire agreement: These Terms (together with any linked policies, like Privacy Policy) constitute the entire agreement between you and us concerning the Site and event registration.
• 11.4 Assignment: We may assign or transfer our rights under these Terms (e.g. during a merger or acquisition). You may not assign your rights without our prior written consent.