Definitions

Definitions

Administration (or Attempted Administration): Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by a Participant subject to this Policy of a Prohibited Substance or Prohibited Method. However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification, not intended to enhance sport performance.

Admission/s: Verbal or written acknowledgement or ownership of an anti-doping rule violation or breach of any Code.

Adverse Analytical Finding: A report from an ESIC appointed laboratory that identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of Use of a Prohibited Method

Agreed Sanction: As defined in Article 5.1.13. or Anti-Doping Policy Article 7.4 as appropriate

Anti-Corruption Code: This Anti-Corruption Code promulgated by ESIC on the Effective Date.

Anti-Corruption Tribunal: A panel of three persons (subject to Article 5.1.6 of the Anti-Corruption Code) appointed by the Integrity Commissioner, to perform the functions assigned to the Anti-Corruption Tribunal under the Anti-Corruption Code. Each member of the Anti-Corruption Tribunal shall be a member of the ESIC Panel and ESIC may provide reasonable compensation and reimbursement of expenses to such members.

Anti-Doping Policy: The Anti-Doping Policy of ESIC as set out in the Programme as amended from time to time.

Anti-doping Rule Violation: a breach of the Anti-Doping Policy as set out in Article 2 of the ADP

Appeal Panel: A panel of three persons appointed by ESIC from the members of the ESIC Panel to perform the functions assigned to the Appeal Panel under the Disciplinary Procedure.

Articles of Association: The Articles of Association of ESIC.

Bet or Betting: Any wager, bet or other form of financial speculation (including with or involving virtual items), including, but not limited to, participation in daily or short term fantasy competitions for prize money where such competition is considered gambling by a competent state, federal or national regulator or other authority with jurisdiction over gaming or gambling.

Chairman of ESIC: the person appointed to chair the meetings of the Executive Board under the Constitution.

Chairman of the ESIC Panel: the person appointed to chair meetings of the ESIC Panel as well as to chair panels when they sit to hear charges brought under the Anti-Corruption Code.

Code of Conduct: The ESIC Code of Conduct for Players and Player Support Personnel, as amended from time to time.

Code of Ethics: The ESIC Code of Ethics, as amended from time to time.

Code/s: Any code or the collective of codes within the Programme.

Conditions of Membership of ESIC: the document that must be signed by an authorised representative of a Member setting out the terms and conditions that govern the Member’s membership of ESIC.

Constitution: The articles of association of ESIC setting out the structure and rules under which the organisation will operate.

Corrupt Conduct: Any act or omission that would amount to an offence under Article 2 of the Anti-Corruption Code.

Demand: As defined in Article 4.3 of the Anti-Corruption Code.

Directors: Individual members of the Executive Board appointed from time to time in accordance with the Constitution and, in the context of the Code of Ethics, as defined in clause 1.1 of that Code.

Disciplinary Panel: the group of three members of the ESIC Panel appointed by the Chairman of the ESIC Panel to hear matters referred to them in terms of the Disciplinary Procedure.

Disciplinary Procedures: the disciplinary procedures set out in the Programme to deal with any alleged breach of any part of the Programme.

Doping Control: All steps of the process involved in organisation, execution of testing and delivery of Samples for analysis, laboratory analysis, TUE, results management and hearings.

Effective Date: As defined in Article 10.2 of the Code of Conduct and 11.3 of the Anti-Corruption Code.

End Date: As defined in Article 1.6 of the Anti-Corruption Code.

ESIC: The “Esport Integrity Commission”, a not-for- profit association supported by its Members and mandated, amongst other things, to assist Members to implement the Programme and to monitor compliance with and investigate potential breaches of the Codes or Policies.

ESIC Official: Any individual who is bound by the Code of Ethics.

ESIC Panel: A group of respected experts with Esports and, ideally, legal experience appointed by the ESIC Executive Board to provide independent enquiries, investigations and rulings, including appeals, in relation to matters brought to its attention. Each member of the ESIC Panel shall be independent of ESIC, which may provide reasonable compensation and reimbursement of expenses to such members.

ESIC’s Minimum Standards for Players and Match Officials Area: ESIC’s Minimum Standards for Players and Match Officials Area as set out in the Anti-Corruption Code, as amended from time to time.

Esports: the collective for the competitive playing of Games/Matches between Players and Teams.

Event/s: Live Esports events/tournaments attended or watched by members of the public where Games/Matches are contested in real time by Players and Teams or any other event organised and/or sanctioned and/or promoted by a Member or Members acting together.

Executive Board/ESIC Executive Board: The group of directors of ESIC appointed in accordance with the Constitution of ESIC and responsible for determining the strategy, budget and priorities of ESIC and overseeing and assisting the Integrity Commissioner and the staff of ESIC in the implementation of the Programme.

Game: A software title played electronically by Players in an Esports context.

Ineligibility: The Participant being barred for a specified period of time from participation in Esports or a Game, as set out more specifically in Article 6.5.

Inside Information: Any information relating to any Match or Event that a Participant possesses by virtue of his/her position within esports. Such information includes, but is not limited to, factual information regarding the competitors in the Match, tactical considerations or any other aspect of the Match or Event, but does not include any such information that is already published or a matter of public record, that may be readily acquired by an interested member of the public, or that has been disclosed according to the rules and regulations governing the relevant Match or Event.

Integrity Commissioner: An appointee of the ESIC Executive Board with supervisory responsibilities in relation to the Programme and the Codes (or his/her designee) whose powers are more fully set out in the Articles of Association of ESIC and the Programme.

Match: A match of any Game in which two or more Players or Teams compete against each other.

Match Referee: The person independent of the Participant/s (a) who is appointed (or who has beenappointed in the preceding twenty-four (24) months) by ESIC or the relevant Member as the official administrator/match referee for a designated Match or Event (sometimes referred to as the “admin”), whether such Match Referee carries out his/her functions remotely or otherwise, and/or (b) who is subject to an unexpired period of Ineligibility imposed on him/her pursuant to the Anti- Corruption Code.

Member: Any organisation/corporate entity that becomes a member of ESIC by fulfilling the Conditions of Membership of ESIC or, in the Code of Ethics, as defined in paragraph 1.1 of that Code. Metabolites or Markers: Any substance produced by a biotransformation process.

Mobile Device: Any portable device (including a personal digital assistant (PDA), blackberry, mobile phone, tablet or laptop) which is capable of connecting to or using any mobile telecommunication or wifi technology to enable or facilitate transmission of textual material, data, voice, video or multimedia services over the internet or otherwise.

Monitoring List: A list of substances identified by ESIC as relevant for additional observation with regard to Use or potential Use by a Player.

Notice of Charge: A notice provided in writing (including email) to any Participant setting out the details of the alleged breach of the relevant Code as well as a suggested sanction, the date, time and venue for a hearing and a summary of the rights of the Participant under the relevant Code and Disciplinary Procedure.

Official: Any person acting with the implicit or explicit authority of the relevant Member/s at an Event or during a Match, including the Integrity Commissioner or his/her delegate, Match Referee/s, any doping control personnel, officially designated player/team handlers, official Event spokespersons or any other Member management exercising some form of control over people at an Event or during a Match.

Participant: As defined in Article 1.4 of the Anti-Corruption Code.

Player: Any player of a Game/s who:

  • is a registered user or account holder of any Game published by or offered for play or streamed by an ESIC Member and who plays or has played or attempts to play against another Player in a Match; and/or
  • is subject to an unexpired period of Ineligibility imposed on him/her pursuant to the Anti-Corruption Code.

Player Agent: Any individual who acts in any way (or who has acted in any way in the preceding twenty-four (24) months) in the capacity of agent, representative, adviser or otherwise in relation to the negotiation, arrangement, registration of execution of any employment or commercial agreement for a Player, irrespective of whether such individual is registered or licensed to perform such activity with ESIC or not.

Player Support Personnel: Any coach, trainer, manager, team owner or official, doctor, physiotherapist, nutritionist, masseur, Player Agent or team agent or any other person who:

  • is employed by, represents or is otherwise affiliated to (or who has been employed by, has represented or has been otherwise affiliated to in the preceding twenty-four (24) months) a Team or Player that participates in Matches; and/or
  • is subject to an unexpired period of Ineligibility imposed on him/her pursuant to the Anti-Corruption Code.

Plea Bargain: an arrangement between ESIC and the Participant whereby the Participant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges.

Principles: The Principles of ESIC as set out in this Programme.

Programme: The whole integrity effort of ESIC as set out in this document and incorporating the Principles, these Definitions, the Code of Ethics, the Code of Conduct, the Anti-Corruption Code, the Anti-Doping Policy and the Disciplinary Procedure.

Prohibited Association: Association, by a Player or other Person, in a professional or sport related capacity with any Person currently disqualified from involvement in Esports activities.

Prohibited List: The ESIC List identifying the Prohibited Substances as published on the ESIC website from time to time.

Prohibited Substance: Any substance, or class of substances, so described on the ESIC Prohibited List

Provisional Hearing: For purposes of Article 4.7, an expedited abbreviated hearing before the Integrity Commissioner (sitting alone) that provides the Participant with notice and an opportunity to be heard in either written or oral form on whether or not the Provisional Suspension imposed on him/her should be lifted.

Provisional Suspension: The Participant being temporarily barred from participating in the Game in which he or she principally or predominantly competes or, in particularly serious cases or, in the case of Player Support Personnel, all Esports pending determination of a charge that he/she has committed an offence under the Anti-Corruption Code as set out more specifically in Article 4.7 or the Anti-Doping Policy as set out more specifically in Article 6.4.

Rejected Participants: Any individual who is the subject of a Rejection Order.

Rejection Order: A Rejection Order is an order issued by ESIC to an ESIC Member which strongly recommends that the member refuses to accept Rejected Participants into ESIC sanctioned tournaments.

Report: A report of an alleged Offence under the Code of Conduct.

Reward: A person acts “for Reward” if he/she arranges or agrees that he/she or some other third party will receive any direct or indirect financial or other benefit for that act (other than official prize money and/or contracted payments under playing, service, endorsement, sponsorship or other such similar contracts), and the term “Reward” shall be construed accordingly.

Rules and Regulations: The rules and regulations subject to which a Game is played as determined by the Game’s publisher as incorporated into the standard software running that Game and/or the rules and regulations under which a Player or Team agrees to and must play in an Event and/or rules and regulations of participation as set out in a Member’s Terms and Conditions (whether explicitly agreed to by the Player and/or Team or not).

Sample: Any biological material collected for the purposes of Doping Control

Suspension Points: The weighting points used to determine the period of suspension imposed against any Player or Player Support Personnel pursuant to Article 7 of the Code of Conduct.

Tampering or attempting to Tamper: Altering (or attempting to alter), obstructing or otherwise preventing normal Doping Control procedures to occur.

Target Testing: Selection of specific Players for testing based on criteria which relate to risk, or other similar factors.

Team: A group of Players participating together in a Match or Event and including, for the purposes of Team sanctions under the Programme, their team manager.

Terms and Conditions: The terms and conditions that a Participant agrees to when joining any service provided by a Member that allows that Participant to play in a Game or Match and/or the terms and conditions of employment or engagement of a Participant with a Member.

Trafficking: Selling, giving, transporting, sending, distributing (or possessing) a Prohibited Substance or Prohibited Method, either physically or by electronic means to a Player or Player Support Personnel.

Use: Utilisation, application, ingestion injection or consumption by any means of any Prohibited Substance or Method