TERMS AND CONDITIONS OF USETHESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
1. USER AGREEMENT
BY CHECKING THE "I ACCEPT THE TERMS AND CONDITIONS OF USE" BOX INCLUDED AS PART OF THE REGISTRATION FORM, OR ACCESSING OR USING ANY PART OF ANY SITE, OR PARTICIPATING IN ANY GAME, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE AGREEMENTS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENTS, YOU MAY NOT COMPLETE YOUR REGISTRATION FORM AND YOU MAY NOT ACCESS OR USE ANY SITE OR PARTICIPATE IN ANY GAME. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT.
To be eligible to participate in Games offered on any Site you must be: (i) a legal resident of one of the fifty (50) United States, Washington D.C. or Canada; (ii) at least eighteen (18) years of age or older, or the legal age required to participate in the Games in any country, state or city (collectively, your “Jurisdiction”) in which you reside and/or from which you access the Sites or participate in the Games, and (iii) a Registered User of the applicable Site (as described in Section 3 below). Notwithstanding the foregoing, if you are a resident of Iowa, Louisiana, Maryland, Montana, Vermont or the province of Quebec you are permitted to participate in the Games, but you are NOT ELIGIBLE to win or receive prizes offered in connection with the Games.
Employees, officers, directors, agents, and representatives of PTF and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse, children, siblings, and grandparents) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of PTF are NOT ELIGIBLE to win any prizes offered in connection with the Games.
3. REGISTRATION FOR SERVICES; ENTRY FEE NON-REFUNDABLE
To become a “Registered User” of any Site, you must successfully complete the registration form located at https://www.paythefan.com/signup/step1.asp and pay the applicable entry fee for each Game you intend to participate in, in each case identified on such Site. You may become a Registered User of any Site at any time; provided that your chance of winning any prizes offered (as more fully described on such Site and in the Rules) with respect to any particular Game may be reduced if you fail to become a Registered User prior to the commencement of such Game. Once submitted, your entry fee becomes the sole property of PTF and will not be refunded or returned for any reason. You agree to provide true, accurate, current, and complete information about yourself as prompted during the registration process. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, PTF reserves the right to suspend and/or terminate your use of the Sites and your participation in the Games.
As part of the registration process, you will be asked to select a user name and password. PTF may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by PTF in its sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS REGARDING USE OF THE GAMES
Each time you participate in any Game offered on any Site, you represent and warrant that: (i) you are a legal resident of one of the fifty (50) United States, Washington D.C. or Canada (excluding Quebec); (ii) you are at least eighteen (18) years of age, or the legal age required to participate in the Games in any Jurisdiction to which you are subject, whichever is higher; and (iii) the information provided to PTF in connection with becoming a Registered User is true, accurate, current and complete. All such representations and warranties are relied upon by PTF. By becoming a Registered User, you authorize PTF to make any and all inquiries as PTF in its sole discretion considers necessary to verify the information provided by you. PTF may require you to submit proof of age, identity and place of residence as it may require, at any time. PTF reserves the right to suspend and/or terminate your use of the Sites and your participation in the Games where it has grounds to suspect that any of the information you have provided to PTF is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update your all such information to keep it true, accurate, current and complete. For purposes of this Section 4, “PTF” shall refer to, collectively, PTF and its subsidiaries, members and affiliated companies, agents, representatives, successors or assigns, and/or any other person, company or firm working or affiliated with PTF in any capacity.
5. RULES OF THE GAMES
Each Game shall be conducted pursuant to the Rules established for such Game. By assenting to these Terms, using any Site and participating in any Game, you evidence your agreement with, and understanding of, the Rules, a copy of which is accessible at https://www.paythefan.com/ptf_access/rules.asp.
Notwithstanding anything to the contrary stated in the Rules, in case of a partial or full work stoppage or delay in the professional football league or professional racing league related to any Game, for any reason, including strike or lock-out, such Game will not resume until the regular participants in the related activity (e.g., professional football players or professional drivers) return or the situation is otherwise corrected. If play does not resume in the professional football league or professional racing league, respectively, and less than 7 weeks of the Game were completed, no Prizes for such Game will be awarded and entry fees will not be refunded. If play does not resume in the professional football league or professional racing league, respectively, and 7 or more weeks were completed, Prizes for such Game will be pro-rated and awarded based on the number of weeks completed. PTF has the right to adjust these work stoppage rules for extenuating circumstances. If needed, rulings will be made based on the specific situation and PTF will post a notice on the Site.
6. PRIZES AND WINNER NOTIFICATION
PTF shall award prizes to the winners of such Game (the “Prize Winners”) in accordance with the Rules for such Game. Each Prize Winner will be notified by e-mail (or via U.S. mail, if applicable) at the e-mail or regular mail address supplied by such Prize Winner to PTF, and such Prize Winner will have fifteen (15) days from the date such notification was sent to respond by following the instructions provided in such notification. Each Prize Winner will be required to submit valid identification to PTF and to execute those releases PTF deems necessary, including but not limited to, an affidavit of eligibility, a liability release and a publicity release (where permissible). Failure to comply with these requirements may result in disqualification. PTF is not responsible for and shall not be liable for a prize that is declined or undeliverable, or for any prize or prize notification that is returned as undeliverable or if the Prize Winner fails to timely return the above mentioned documentation. In any of these situations the original Prize Winner will be disqualified.
Any prizes won in connection with any Game are personal to you and are not transferable to any other person.
7. ANTICIPATED NUMBER OF REGISTERED USERS
The number of Registered Users permitted by each Site is unlimited, provided that each Registered User successfully completes the registration form and pays the applicable entry fee for each Game, in each case as described on such Site and in Section 3 above. Although PTF cannot accurately predict the number of Registered Users that may participate in each Game, it is conceivable that as many as 100,000 Registered Users may participate in each Game. Your odds of winning any prize awarded in connection with any Game depend on the number of Registered Users for such Game. Notwithstanding the foregoing, the value and number of prizes awarded for each Game (described in the Rules) shall not vary based upon the number of Registered Users for each such Game.
8. USER PRIVACY
9. CONSENT TO USE OF NAME, PICTURES AND LIKENESS
You hereby consent to the creation and use of photographs, film, video tape, sound recording, and/or other images and representations of you and your likeness, voice and statements (jointly referred to as the “Images”) by PTF. Further, you agree that PTF shall own the Images and all rights in and to the Images, and shall have the sole right to seek any available legal protection in the Images. You agree that PTF shall have the worldwide, perpetual and transferable right, in any form and/or media now known or hereafter created, to: (i) use, copy, distribute, publish, perform, display, edit, modify, alter, adapt, record or prerecord, distort, or prepare derivative works using the Images or any portion thereof, in any manner whatsoever, alone or with any other material(s); (ii) do so with or without your name and/or biographical material as PTF sees fit for any lawful purposes (including but not limited to advertising, trade, or promotional activities); (iii) allow others to do the same; and (iv) sublicense, assign, or otherwise transfer the Images and the rights granted herein as to the Images. For purposes of this Section 9, “PTF” shall refer to, collectively, PTF and its subsidiaries, members and affiliated companies, agents, representatives, successors or assigns, and/or any other person, company or firm working or affiliated with PTF in any capacity.
The Sites may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by PTF or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded (unless as required in order to participate in a Game), sold or otherwise exploited by you in any way, except as agreed to in writing by PTF. PTF is not responsible for the Content's accuracy and reliability.
11. USER CONTENT
PTF promotes and supports active and open debate among its Registered Users through blogs, chat and/or message boards, and other portions of each Site permitting content posted by Registered Users (“User Content”). You are permitted to post User Content so long as all of your postings are done in a lawful and civil manner. Accordingly, you may not: (i) post or transmit any material that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person; (ii) post or transmit any material that you do not have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements); (iii) post, transmit, or link to sexually explicit material; (iv) impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes; (vi) intentionally violate any other applicable law or regulation while accessing and using any Site; or (vii) post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer. PTF may at any time, without prior notice and at our sole discretion, remove any post or terminate your membership for violating the above provisions. As stated in Section 14, you agree to indemnify PTF and the PTF Parties and hold PTF and the PTF Parties harmless from any actions, claims, proceedings, or liabilities arising out of your breach of any of the Agreements.
PTF does not claim ownership of User Content; provided, however, you hereby grant PTF a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.
12. LINKS AND ADVERTISING
From time to time, each Site will contain hyperlinks ("Links") to third party Web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Such Links and Advertising are for your reference only, and PTF neither controls such linked Web sites or Advertising nor is PTF liable or responsible for their content. Display of such Links or Advertising on the Sites does not imply or express any endorsement by PTF or any individuals or entities referred to in the Content on such linked Web sites, or of such Links or Advertising, or any association with their operators. You may direct any comments or concerns that you may have regarding any such Links or Advertising on any Site to PTF, as set forth in Section 18. You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with such Web site operators or Advertisers. Other Web sites may also have a link to any Site posted on their Web site; you hereby acknowledge and agree that PTF is not responsible for the content of any such Web site or the actions of any operator of any such Web site.
13. COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Each Site and all materials on each Site including, without limitation, software, images, text, graphics, illustrations, logos, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under United States and worldwide copyrights trademarks, service marks, patents, trade secrets or other proprietary rights and laws (collectively, “Intellectual Property Rights”) that are owned or licensed, in whole or in part, by PTF or otherwise used with permission of their respective owners. The Intellectual Property may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from any Site or any other Web site owned or operated by PTF without its prior written consent, which may be withheld in PTF’s sole discretion. Any manipulation of any Site or any portion thereof or any of the Intellectual Property, or use of any of the foregoing for any other purpose constitutes an infringement of PTF’s or the respective third party owner’s Intellectual Property Rights. Any use of any portion of any Site or any Intellectual Property on any other Web site or other networked computer environment is prohibited without PTF’s prior written consent, which may be withheld in PTF’s sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to PTF, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
14. USER INDEMNITY
You agree to defend, indemnify and hold harmless (each, a “PTF Party” and, collectively, the “PTF Parties”), (i) PTF and its subsidiaries and each of their officers, managers, agents, directors, members, affiliates, interest holders, stockholders, employees and content providers and (ii) each other person, company or firm (including but not limited to its parent and subsidiaries and each of their respective officers, managers, agents, directors, members, affiliates, interest holders, stockholders, employees and assigns) that has engaged PTF to operate, maintain or host any Game or is otherwise working or affiliated with PTF in any other capacity, from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (1) your breach or failure of your obligations under the Agreements, (2) the placement by you of a link to any Site on any Web site or in any e-mail, or (3) your use of any Site or participation in any activities arising from any Site, including but not limited to, the Games. Such indemnity shall include any costs and expenses incurred by PTF in any actions taken to enforce this indemnity.
15. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF PTF OR ANY OTHER PTF PARTY, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PTF NOR ANY OTHER PTF PARTY IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF EACH SITE IS ENTIRELY AT YOUR OWN RISK. THE SITES, THE CONTENT AND THE GAMES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PTF OR ANY SITE. PTF AND EACH OTHER PTF PARTY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.
NEITHER PTF NOR ANY OTHER PTF PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE ANY SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE SITES OR SUBMITTED TO PTF. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, PTF’S OR A PTF PARTY’S POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION 15 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST PTF OR ANY OTHER PTF PARTY SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR ANY PTF PARTY WITHOUT PTF’S EXPRESS WRITTEN CONSENT.
16. VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.
If you wish to contact PTF for any reason, please send your inquiries via (i) U.S. mail to PTF’s principal place of business: PTF Holdings,LLC Attention: Managing Partner P.O. Box 2265 Hickory, N.C. 28603, or (ii) via e-mail to firstname.lastname@example.org.
19. DISPUTE RESOLUTION
Every controversy or claim arising out of or relating to the Agreements or the breach thereof (a “Dispute”) shall be resolved by final and binding arbitration instituted and conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”), except to the extent such rules are modified or altered by this Section 19. All arbitration hearings shall be conducted in Charlotte, North Carolina. The statute of limitations applicable to any claim shall be determined as if such claim were being asserted in a state court in the State of North Carolina, for all state law claims, and in a federal court in the State of North Carolina, for all federal law claims, and such statute of limitations shall apply to preclude arbitration of any claim hereunder not brought within the applicable limitation period. The arbitrator(s) shall have the authority to award interest on any damages and to award attorneys fees and costs to the prevailing party or parties, if any, or to allocate such fees and costs as the arbitrator(s) shall determine to be equitable. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding anything herein to the contrary, any Dispute concerning whether a matter is subject to arbitration hereunder, including a Dispute caused by the refusal of a party hereto to arbitrate, shall be resolved in a judicial proceeding commenced in a state court in the State of North Carolina. Further notwithstanding anything herein to the contrary, the parties reserve the right to proceed at any time in any court having jurisdiction or by self help to exercise or prosecute the following remedies, as applicable: (i) a preliminary injunction or temporary restraining order to preserve the status quo, and (ii) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of the arbitrator(s) to grant similar remedies that may be requested by a party in a Dispute. The agreement to arbitrate set forth in this Section 19 may only be enforced by the parties to these Terms and their permitted successors and assigns, shall survive the termination or breach of this Agreement, and shall be construed pursuant to and governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq.
The Agreements constitute the entire agreement between you and PTF and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PTF with respect to the Sites and the Games.
Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by PTF, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision.
If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect.
You agree that the Agreements and all incorporated agreements may be assigned by PTF, in its sole discretion, to any third party.
Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.
Use of each Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this Section 20.