Licenses.
There is no fee payable by You for the privilege of using the Website and no purchase is necessary to participate in the Promotion. Your access to the Site is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. By submitting any content to the Site, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in other works in any form, media or technology now known or hereafter developed to the full extent and duration of any rights that you may have in that content. You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us. If You are a prize winner in the Promotion, You are also required to grant to Us certain publicity rights as well. Please see Section 9 of this Agreement and the Official Rules for more information.
Accessibility.
You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
Eligibility.
To use this Site, You must be a natural person, who is a legal resident of the United States, is assigned to the email address submitted with your registration, and is otherwise eligible under the Official Rules. In the event of any conflict between these Terms of Use and the Official Rules, the Official Rules will control. See the Official Rules for details and additional information.
Equipment.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of this Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use this Site.
Use of Personal Information.
Any information concerning You or your participation in the Promotion may be used by Us in accordance with and as set forth in the Privacy Policy and the Official Rules. See the Privacy Policy and Official Rules for details and additional information.
Proprietary Rights.
All or portions of this Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of this Site, or other aspect of the Promotion, for any purpose unless We give You express written permission to do so.
Rules for the Promotion.
Any Promotion made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the Terms of Use set forth herein. We urge you to review any applicable rules, which appear in connection with the particular Promotion in the Official Rules, Sweepstakes Facts and Privacy Policy, which are incorporated by reference herein. See the Official Rules, Sweepstakes Facts, and Privacy Policy for details and additional information.
Privacy Policy.
We consider your personal identifying information to be private, however the operation of this Site requires the submission, use, and dissemination of various items of personal identifying information. Your use of this Site constitutes acceptance of Our policies and practices for the collection and use of personal identifying information. Please see Our Privacy Policy for a summary of Our personal identifying information collection and use policies and practices.
Publicity.
You agree that Your acceptance of any prize from the Site shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, Your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and without additional consent. In particular, in the event that you are a winner of a prize or award, We reserve the right to publish Your first name, first initial of last name, location (city and state), the prize amount won, and the game name.
By participating in the Promotion, You hereby give Us the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print, and/or distribute Your first name, first letter of the last name, location (city and state), or any quotation, statement, image, or other content that You are willing to provide about the Promotion that We, in Our sole discretion, deem to be acceptable.
The views expressed by users of Our Site do not necessarily reflect Our views.
Password Policy.
Access to a Promotion on the Site requires both log-in information and a password. The log-in information is your e-mail address ("User Name"). During the registration process for this Site, you choose a unique sign-on password (“Password”) to become a User of this Site and gain access to restricted areas of this Site. Only one User can use each User Name and corresponding Password. Anyone with knowledge of both your User Name and Password can gain access to the restricted portions of this Site. By using this Site, you agree to keep your Password secret. In particular, you agree to be solely responsible for the confidentiality and use of your Password as well as for any communication or interaction entered through the Site when using your Password. You will immediately notify Us if you become aware of any loss or theft of your Password or any unauthorized use of your Password. We reserve the right to delete or change a Password at any time and for any reason.
Enforcing Security on the Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will also comply with all court orders involving requests for such information.
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Digital Millennium Copyright Act Compliance
The Digital Millennium Copyright Act of 1998 ("DCMA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Our Site which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof and believe that any content on this Site infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notification of claimed infringement is: Alex Romeo. Postal Address: 382 Channel Drive, Port Washington, New York, 11050. Email: copyright@pch.com. Phone: (516) 883-5432. Facsimile: (516) 883-5769.
You acknowledge that if you fail to comply with all the requirements of this Section 12, Your DMCA notice may not be valid.
No Redistribution or Resale.
You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of this Site for commercial purposes.
No Interference or Circumvention.
You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, spider, spyware, adware, etc.) that is designed to or does in fact: (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on this Site; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to Users (e.g. pop-up advertisements) without Our express written permission; or (c) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of this Site.
Linking and Framing.
You agree not to bypass or attempt to bypass the home page of this Site and “deep link” to any other page in this Site, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.
Third Party Products/Services.
You acknowledge and agree that this Site may feature materials, products, and services provided by third parties. We make no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products, and services may access. We expressly disclaim responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.
Advertisers on the Site.
In Our sole discretion, We may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site.
Links to Other Sites.
We may provide links, in Our sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Events Beyond Our Control.
You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
Representations and Warranties.
By using this Site, You represent and warrant the following: (a) You have the right, power and authority to enter into and perform this Agreement; (b) any information that You provide when registering to use this Site is accurate, truthful, reliable and current; and (c) You will not use Our Services or this Site to violate any federal, state and/or local law.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES PROVIDED BY US, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, OR THE SERVICE PROVIDED BY US; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Reliance upon Limitations.
The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
Indemnification.
You agree to indemnify, hold harmless, and defend Us, Our directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or threatened breach by You; (b) Your use of the Website, including any data, Content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website by You; (d) any negligent or willful misconduct by You; and (e) as otherwise provided in this Agreement.
Integration and Conflicting Terms.
This Agreement, including the Official Rules, the Sweepstakes Facts and the Privacy Policy as referenced herein, constitute the complete and exclusive agreement between You and Us with respect to use of this Site and supersede any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between You and Us concerning the use of this Site and the Promotion. These Terms of Use, Official Rules, Sweepstakes Facts, and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control. These Terms of Use and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall control. The Privacy Policy and the Official Rules shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control.
Modification and Amendment.
We have the right at any time to modify or amend the terms of this Agreement. As stated above, should this Agreement be modified or amended, this Site will display these modifications or amendments. Any use of the Website by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
Force Majeure.
If the performance of any part of this Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered or delayed by such causes. In the event of such circumstances which hinder or delay Our performance, We will, if possible, attempt to post this information on this Site.
Severability.
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
Waiver.
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
Governing Law, Forum, and Arbitration.
This Agreement is made in, and shall be governed by, the laws of the State of New York, excluding its conflicts-of-law principles. You agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Said dispute shall be submitted individually by You, and shall not be subject to any class action status. You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys’ fees and costs and/or the right to have any damages multiplied or increased. You agree that the only damages to which You will be entitled shall be Your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of New York. All lawsuits, causes-of-action, disputes or other proceedings not subject to Arbitration shall be brought exclusively in the state or federal courts located in the city and county of New York and You irrevocably submit and consent to the exercise of personal jurisdiction over You as a result thereof.
Remedies.
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
No Third Party Beneficiaries.
No provision of this Agreement is intended to create, and does not create, any rights in or benefits to any third party.
Notice.
All notices relating to the Site, the Promotion or Your use of any thereof shall be deemed to be delivered when displayed on this Site. Except as may be provided elsewhere in the Terms of Use or in the Official Rules, all notices to Us shall be sent via first class mail or other nationally recognized courier to: Publishers Clearing House, 382 Channel Drive, Port Washington, NY 11050.
Survivability.
The respective rights and obligations of the parties, if any, pursuant to Sections 20 through 24, inclusive, Sections 30 and 31, and as otherwise provided elsewhere in this Agreement, shall survive any termination or expiration of this Agreement.
Neutral document.
No provision of the Terms of Use, the Official Rules, the Sweepstakes Facts, or the Privacy Policy shall be interpreted or construed against Us because We were the drafter thereof and shall be interpreted in a neutral manner.
Headings and Order.
The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.
