THESE TERMS, CONDITIONS AND RULES (“TERMS”) ARE TO ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW EVEN IF YOU ARE A RESIDENT OF CANADA. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION. IN ADDITION, FAILURE TO ABIDE BY ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN WILL RESULT IN DISQUALIFICATION.
OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME, ANY CONTESTANT USING THE VEKTOR SPORTS CHALLENGE (“VSC”) WEBSITE (“SITE”) AND PARTICIPATING IN ANY CONTESTS AGREES TO COMPLY WITH AND BE BOUND BY THESE TERMS.
By using or otherwise accessing VSC’s website, by clicking to accept or agree to these Terms where that option is made available, or by entering or participating in any contests, you (1) accept and agree to these Terms and any additional conditions, (2) consent to the collection, use, disclosure and other handling of information as described in VSC’s Privacy Policy, (3) agree to adhere to and be bound by them, and (4) agree to be bound by VSC’s decisions which are final and binding on all matters relating to all contests. If you do not agree to all these Terms, then you may not access or use the Site or participate in any Contests.
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Contest of Skill.
VSC will conduct a series of Contests, each of which will be based upon one or more college or professional events. Each such contest (“Contest”) is a contest of skill designed to increase consumer awareness of and interest in the sport. Each contestant will compete against all other contestants that are eligible to compete for overall prizes. Strategy Points are accumulated throughout the contest form other eligible contestants during the Contest period. Winners will be determined by the criteria stated in each Contest’s rules. Generally, for each Contest, the winners will be determined by being the individuals (“Contestant” or “you”) who use his or her skill and knowledge of relevant sporting participants, teams, sporting rules, and the objective criteria and rules governing each Contest to accumulate the highest Strategy Point totals.
Each Contest is subject to all applicable federal, state, local and municipal laws and regulations. Each Contest is for personal use and entertainment purposes only and may not be used for any form of gambling. Chances of winning are dependent on the total number of entries received and the skill used by all Contestants. In case of a tie among Contestants at the end of the Contest, the winning Contestant shall be determined by utilizing the following tie breaker:
Tie breaker – The Contestant who submitted His/Her game card first as recorded in the secure VSC database wins the tie breaker.
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Sponsor/Administrator contact information
The Contest is sponsored by Vektor Sports Challenge LLC, (“VSC”) which can be reached at the following address:
Vektor Sports Challenge 9425 Commerce Way
Adelanto, CA 92301
Email: contact@VektorSports.com -
Eligibility
Only legal residents physically located in certain states are eligible to participate in Contests to receive monetary winnings. Except where void or prohibited, and for residents of Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Washington, the Contest is open to legal residents of the 50 United States, Washington D.C. and Canada (excluding Puerto Rico and Quebec, Canada) who are 18 years of age or older at the time of registration. However, if the age of majority in a jurisdiction is over 18 years of age, you must be, at the time of registration, of the age of majority within such jurisdiction to be eligible to receive a prize. VSC reserves the right, in its discretion, to conduct background checks or to demand further evidence as to your age at any time, or to suspend or terminate your Site access and participation if VSC has reason to believe that you are not 18 years of age or older, and to take all action necessary to prevent persons under 18 years of age from accessing the Site or participating. Contestants under 18 years of age will not be entitled to any prizes, will forfeit all entry fees paid, and will be reported to proper authorities.
By Entering, each Contestant represents and warrants that he or she is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these terms, and must further ensure that they have the legal right to participate and must comply with the laws applicable in the Contestant’s jurisdiction. These Terms constitute a legal agreement between you and VSC and shall apply to your use of the Site even after any termination. If a Contestant resides in or is located in a state, province, or country where this Contest is prohibited, the Contestant must not register or attempt to participate. Any Contestants who violate this section will not be entitled to any prizes.
In the event of a dispute about the identity of a Contestant, VSC reserves the right to demand proof of identity satisfactory to VSC in its sole discretion. Entries submitted will be deemed to have been made by the authorized account holder of the email address submitted at the time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization or body (i.e. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. VSC may require the potential winner to prove he or she is the authorized account holder of the email address associated with the winning Contestant. By inputting a payment method to participate in the Contests, the authorized account holder affirms that he or she is the lawful owner of the payment method account used. Any payment using any payment method that is not owned by the authorized account holder is a violation of these Terms.
Residents of Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Washington, Puerto Rico and Quebec, Canada may participate and have their places noted in the standings, but ARE NOT eligible to win monetary prizes and may be limited to participating in Contests that do not offer prizes . If claiming a prize, you hereby represent and warrant that you are not a resident of the aforementioned states or provinces, you are not listed on any U.S. Government list of prohibited or restricted parties, and, that you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding. Void where the laws and regulations of any jurisdiction prohibit participation.
Directors, officers, and employees of VSC and members of such employee’s immediate families (parents, siblings or anyone residing in the same household with an employee) are not eligible to participate nor are competing contestants. Association judges, or any other persons able to influence the outcome of a Contest.
Residents of Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Washington, Puerto Rico and Quebec, Canada may participate and have their places noted in the standings, but ARE NOT eligible to win prizes. If claiming a prize, you hereby represent and warrant that you are not a resident of the aforementioned states or VSC employees may participate in Contests for the purpose of testing the user experience, socializing and competing with customers to build community, and other and fair use as determined by VSC, but may not withdraw money or prizes. VSC consultants or promoters may participate in Contests without such limitation, but only if (i) their arrangement with VSC does not permit them to have any access to non-public data or any other data not made available to all Contestants and (ii) they do not receive any other advantages. VSC reserves the right to move Contestants from one Contest to another if for any reason a Contest cannot be operated as planned.
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Registration
Contestants must register and can do so on-line at the VSC Site. Contestants must provide accurate, current, and complete data, and must keep such data current. All entries must be submitted from a valid email account, which may be identified by a reverse domain name search. To participate, Contestants must provide at a minimum, their name, the address of their legal residence including the city, state, zip code, and country, their phone number, their email address, and their date of birth. Additional information may be required for any Contest entry. Entries will be accepted for a limited time prior to each Contest. The entry deadline for each Contest will be posted along with the details of each Contest. Registration is not complete until all required registration information has been supplied. VSC reserves the right to deny access to the Site or disqualify any entry for any lawful non-discriminatory reason whatsoever including but not limited to those that have been incorrectly completed or which contain invalid or incorrect information. VSC also reserves the right to refuse registration to anyone previously disqualified, whose eligibility is in question, or who is otherwise ineligible. Entries not in compliance with these Terms will be disqualified and entry fees refunded.
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Lost entries
VSC is not responsible for entries or transactions, that are corrupted in web transmission, late, misdirected, mutilated, lost, incomplete, incorrect, invalid, inaccurate, tampered with, damaged, altered, illegible, stolen, inaccurate, or garbled, whether caused by a Contestant, postal delays, omissions, equipment, technical malfunction, human error, telephone, computer, online or technical errors, interruptions, or malfunctions (including busy lines or disconnections), utility or telephone outages or defects, inaccurate data entry, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit a Contestant to participate in a Contest), including without limitation any injury or damage to any Contestant’s or any other person’s computer or video equipment relating to or resulting from participation in a Contest; inability to access the Site, or any web pages that are part of or related to the Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
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Contest Entry and Charges
You must enter each contest with the use of either Vektor Coins or “VCoins” or Sweepstakes Promotion Cash “Vcash”.
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How to Collect Sweepstakes Promotion Cash (Vcash)
You first must be a member of Vektor Sports. If you are not a member you can become one for free at www.VektorSports.com. To collect Sweepstakes Promotion Cash, you first must access Vektor Sports at www.vektorsports.com, and sign in. Once you access the site there are two ways to collect Sweepstakes Promotion Cash:
Receive Sweepstakes Promotion Cash free when you Purchase Vcoins. You will automatically receive Sweepstakes Promotion Cash free when you purchase Vcoins. The amount of Sweepstakes Promotion Cash you receive for each purchase will be stated in the purchase window.
Receive Sweepstakes Promotion Cash when you Send a Mailed Request as stated in section 37 of this document.
The amount of Vcoins and Sweepstakes Promotion Cash a participant has will be displayed in their account on the website. Sweepstakes Promotion Cash expires after 90 days from the date of initial issue of the Sweepstakes Promotion Cash. You agree that all purchases of Vcoins including Free Sweepstakes Promotion Cash are final. No refunds will be given, except in our sole and absolute discretion. All Vcoins including Free Sweepstakes Promotion Cash will be forfeited if your account is deactivated for any reason at the company’s discretion.
Contestants agree to pay all applicable charges and fees arising out of use of the Site and participation in the Contest such as data charges, phone line charges, internet hosting fees or any other charges of any kind that relate to a Contestant’s internet usage or email account. Contestants agree to be solely responsible and liable for all such charges.
Using Sweepstakes Promotion Cash to Play Games:
Participants who have Sweepstakes Promotion Cash will be able to play games within the Site for a chance to win cash prizes. Within the Site there are different games. The amount of Sweepstakes Promotion Cash to play each game will be detailed next to the game. Only games played with Sweepstakes Promotion Cash will be eligible to win cash prizes. Games played with Vcoins will not be eligible to cash prizes but rather more Vcoins. The prize that can be won while playing a contest will be stated in the contest as indicated by the payout table that is dynamically updated until the close of the contest, denominated as "Sweepstakes Promotion Cash", for which each Credit has a value of $1 USD Sweepstakes Promotion Cash must be played a minimum of 1 times in any combination of Sweepstakes Promotion Cash contests to be eligible to receive a prize. VSC reserves the right to change the payout rates of any of the Sweepstakes/Prize Promotion Games at any time. You can see the actual and any amended details by clicking on the Payout Table in the Game Lobby. It is your responsibility to check the payouts on each occasion before you participate. -
Results
Following completion of each game or day of competition in a Contest, the pertinent results will be posted on the VSC website. Occasionally changes or corrections will be made following an event where, for example, they are necessary due to errors in initial postings or by changes to the results. However, VSC reserves the right to refuse to make any changes to the posted results and to maintain all posted results even if errors are found.
To the extent VSC offers some form of “live” statistics or results during a Contest, all such “live” statistics and other information is unofficial, offered for informational and/or entertainment purposes only, and are not to be used to determine the results of any Contest.
VSC reserves the right to cancel Contests at any time. If a Contest is canceled, all entry will be refunded except as provided in these Terms.
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Canceled Games/Tie Games in a Contest A Tie or Canceled games in a Contest will
result in no Strategy Points being exchanged for that game. If before a contest begins, a game in the contest is canceled for any reason, that game in the Contest will result in no Strategy Points being exchanged. -
Prizes/Winner Notifications
Prizes shall be awarded only for each Contest actually completed and as set forth in the detailed Rules for each Contest. Prizes will be awarded to the winning Contestants regardless of the number of Contestants participating in the Contest. The total estimated value of all prizes will be disclosed in the Rules governing each Contest.
The Contestants with the most Strategy Points who are in compliance with eligibility requirements and Contest Rules will win the prizes as set forth in the Contest details. After the end of the last game in each Contest, the preliminary winners will be announced (generally within 1 hour) but all such preliminary winner and prize determinations remain subject to final verification and requirements for Contestants to claim their prizes. Initial prize calculations are based on the results as of the time the final scoring for the Contest is tabulated by VSC. Once winners are preliminarily announced, the results will not be changed in light of official adjustments later made by the other bodies, except in VSC’s sole discretion. Monetary prizes will be posted to the winning Contestant generally by the end of the first business day after a Contest winner is determined, except in cases of technical failures or events of force majeure. VSC reserves the right to make adjustments to the Strategy Points and winners based on errors or irregularities in the transmission of information to VSC, in VSC’s calculation of results, or in the event of a Contestant’s noncompliance with the Terms. VSC has no obligation to delay the award of a prize in anticipation of any adjustments, and VSC reserves the right to reverse payments in the event of adjustments. You agree such reversed payments are authorized.
Winners names will be posted on the Site after the end of each Contest and may be notified via the e-mail address provided by them at the time of registration. Payments of the prizes will also be made available to the wining Contestants per the details of each Contest.
Checks will be sent via U.S. Mail. For checks over $250.00, VSC requires a valid mailing address and social security number in order to file the appropriate tax forms at year end and VSC may request additional information before permitting a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms in any manner
Winners will have ten (10) days from the date notification is first sent to claim prizes and, unless prohibited by law, may, within that time, be required to prove eligibility by submitting one or more forms of valid identification, execute an affidavit of eligibility, provide a liability/publicity release (unless prohibited by law), and appropriate tax forms and forms of identification including but not limited to a Driver’s License, proof of residence, and/or any information relating to payment as reasonably requested by VSC. VSC will use information collected by VSC in the registration process to assist in verifying the identity and eligibility of winners. VSC reserves the right to conduct a security review and to require that winners provide such additional identification or other information or documentation as VSC, in its sole discretion, deems necessary in order to ensure that VSC is not, by virtue of awarding any prize, subject to civil claims or criminal charges, embarrassment, public ridicule, public disrepute, contempt, scandal, or anything that will otherwise reflect unfavorably upon VSC or any prize supplier. If any prize notification is returned as undeliverable, a winner cannot be contacted, is ineligible, or fails to claim a prize or return a completed and executed affidavit and release or any other information required by VSC or any prize provider within this time period, such winner will be disqualified and the prize awarded to the next highest scoring Contestant. Forfeiture or return of a prize shall not prevent VSC from also pursuing criminal or civil charges or claims against any Contestant who violates law or the Contest Rules.
Non-monetary prizes shall be delivered to contestants as per the details posted for each Contest. Generally, items capable of being shipped by ground transportation shall be shipped free of charge to the respective winner’s legal addresses.
Prizes are nonassignable and nontransferable and are awarded “as is” without warranty of any kind express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All prize awards to Contestants are final and may not be substituted by a winning Contestant. However, VSC reserves the right to substitute prizes of equal or greater value. In any dispute arising out of the determination of the winner of a Contest, VSC is the sole judge and its actions are final and binding.
Promotional Release / Publicity
Unless prohibited by law, and without further compensation, by entering, Contestants and winners grant VSC and all prize suppliers and their parents, subsidiaries, affiliates, divisions, sponsors, advertising, promotion and fulfillment agencies and promotional partners, the right to use and publish your name, image, photograph, likeness, voice, prize information, city and state of residence, and/or biographical information for advertising, publicity and promotional purposes online or otherwise, in connection with VSC’s Site and its ongoing development, production, distribution, marketing and promotion of the Contests and VSC generally. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, winning contestants will make themselves available to VSC for up to 40 hours (or a higher quantity if specified by the rules of a particular Contest) of publicity, advertising and promotional activities relating to the Contest or other VSC Contests, products, services or events, without additional compensation. Contestants also agree that VSC and its employees, affiliates, promotional and business partners reserve the right to make public statements about the Contestants and their winnings on the Site, on-air, on the Internet, or otherwise, prior to, during, or following a Contest at any time for the marketing and promotional purposes. By entering a Contest, you agree that your participation in and (where applicable) the winning of a prize in connection with a Contest constitutes the complete compensation for the obligations under this paragraph, and that you are not entitled to, and will not seek to charge a fee or impose other conditions on, these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver. -
Taxes Winners are solely responsible for reporting and paying all applicable taxes
and fees associated with the receipt or use of prizes. All winners of prizes valued $600 or above (net of all entry fees) will receive a Federal 1099-MISC form showing the value of the prize awarded. In early January, all such winners must provide updated address and social security details to VSC as these details will be used to file a 1099-MISC with the Internal Revenue Service. Canadian winners are subject to withholding of a portion of their prizes as required by law. -
Currency
All dollar amounts specified herein are in U.S. dollars.
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Disputes Concerning Results
In case of a dispute including but not limited to selections, violations or infractions of the rules, scoring, selection of winners, disputes among Contestants, and all other aspects of the Contest, or if a Contestant believes that an error has been made with respect to that Contestant’s points, you must email a complete explanation of the dispute to our customer service department at contact@VektorSports.com or :
Vektor Sports Challenge
9425 Commerce Way
Adelanto, CA 92301You must include complete contact information, a written description of the dispute to allow VSC to review and research the dispute, whether the dispute is with the points awarded or the Contest and any additional information to help VSC resolve the dispute. No phone calls will be accepted. VSC will review and settle all disputes and upon receipt of clear and convincing evidence of a reversible error, scores may be adjusted in VSC’s sole discretion. Contestants agree that VSC and its records shall be the final authority in resolving disputes. All final dispute resolution decisions shall be final and binding.
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Rules/Winners Information
A list of prize winners will be posted on the VSC website for a reasonable period of time after determination of the winners, starting approximately 1 days after the winner notification is made. A complete list of winners receiving prizes and additional copies of these Terms may be obtained by sending a letter-size, self-addressed, stamped (U.S. postage only) envelope to:
Vektor Sports Challenge
9425 Commerce Way
Adelanto, CA 92301One request per household. One request per envelope. All requests must be received within 2 months after completion of the contest.
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Privacy
Upon submission, all registration information and Contest entries, along with all copyright, trademark, publicity, and other proprietary rights and goodwill associated therewith, become the property of VSC. Entries will not be acknowledged or returned to any Contestant and shall be electronically archived as VSC’s property. In addition, all personal information collected during the Contest will be the property of VSC. VSC will hold Contestant’s information submitted electronically on a server with reasonable precautions against loss of such data through unauthorized means and will use it for administration, running the contest, selecting prize winner(s), verifying winner information and eligibility, tendering prizes and promotional purposes. VSC reserves the right to share this information with other carefully selected third parties who may wish to contact Contestants about their products and services. Contestants who do not want to be contacted can “opt out” in the registration process. In the event that VSC enters into a partnership, merger, or acquisition with another company (or companies), Contestants agree to allow VSC and the other company (or companies) to use the registration information provided in any manner consistent with these Terms.
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Changes to Terms/Contest
Except for provisions regarding binding arbitration and waiver of class action rights, VSC reserves the right, at its sole discretion, at any time, to add to, delete from, change, modify or replace all or any part of these Terms impose new terms and conditions, including, but not limited to, adding fees and charges for use, which additions, deletions, changes, or modifications, shall be effective immediately upon posting on the Site, or by other means by which Contestants may obtain notice. The most current version of these Terms will be posted on the VSC Site. Each Contestant is solely responsible for reviewing and becoming familiar with any such modifications. All use of the Site thereafter shall constitute Contestant’s acceptance of such changes, modifications or additions.
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Force Majeure
VSC reserves the right in its sole discretion, to change, suspend, cancel, discontinue, terminate, or modify any aspect of the Site or Contest, interpose limits on features and services, change content, hours of availability, and equipment needed for access or use, and may prevent or restrict access to the Site or Contest and stop processing of entries, at any time without notice and without any liability, if the Site is not running as intended and at any time or if fraud, technical failure, technical corruption, a virus, software bugs, tampering, unauthorized human intervention, acts of God, team player participants lockout or work stoppage, or other causes or events beyond VSC’s control compromise the Contest’s administration, security, fairness or integrity or does not allow the Contest to be run as planned. The Contest may not resume until any such events of force majeure have ended and VSC resumes normal operations, if ever. Any such changes, suspensions, cancellations, etc., shall be posted on the Site to the extent the Site is operable. VSC’s failure to comply with the provisions of these Terms due to an act of force majeure will not be considered a breach of these Terms by VSC and VSC reserves the right in its sole discretion to disqualify any Contestant or person related to or implicated in the cause of any such act of force majeure and to seek damages and remedies, civil or criminal, from any Contestant or person who attempts or causes damage to the Site or who undermines the legitimate operation of any Contest. Under certain conditions, VSC reserves the right to move Contestants from Contests they have entered to similar Contests.
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Regulatory Challenge In the event this Contest or the award of prizes to winners is
challenged by any police, legal or regulatory authority, or VSC believes operation is in violation of any applicable law, VSC reserves the right in its sole discretion, to modify or discontinue the Contest, terminate or suspend service or access to all or any part of the Site, refund entry fees, determine whether or not to award prizes, or to disqualify Contestants residing in the geographic areas under challenge, all without notice or liability to any Contestants. -
Contestant Cancellation/ VSC Refund Policy
Before any Contest starts, any Contestant is entitled to cancel his or her registration and request a refund of entry by sending a written request to contact@vektorsports.com. Any request for cancellation must include the Contestant’s name, and email address which was used at the time of registration. Should this email address no longer be available, additional cancellation verification may be required in VSC’s sole discretion. Cancellation is final. Cancellation terminates any chance of winning (even if you are determined to be the winner before the cancellation notice is received by VSC). If you have any questions about this cancellation policy, contact VSC before entering.
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Suspension/Disqualification of Contestant
VSC reserves the right in its sole discretion, immediately and without prior notice to the Contestant or liability, to disqualify any Contestant, suspend or terminate a Contestant’s ability to access the Site or participate in the Contest, or refuse to award prizes, and require the return of any prizes (upon notice), if such Contestant, by way of example and not limitation, engages in conduct VSC deems to be improper, unfair or adverse to the operation of a Contest, or detrimental to other Contestants or VSC, is not 18 years old at the time of registration, provides incorrect or misleading registration information, resides in a jurisdiction where participation is prohibited by law, is suspected of conduct deemed to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other Contestants, is suspected of cheating or violating these Terms or any Contest rules, falsifies personal information during registration or when claiming a prize, is found tampering with or attempting to tamper with the entry process or operation of the Site or any Site security measures, reverse engineers, disassembles, decompiles or otherwise tampers with the computer programs on this Site or if VSC determines that a Contestant has employed or made use of a system (including machines, computers, software or other automated systems such as automated computer scripts, robots, bots, harvesting bots, parsers, spiders, screen scrapers, sniping software, or other automated means or other programming techniques) to access the Site (except for RSS feed access) or which are designed specifically to secure an unwarranted and unfair result, prize, or advantage, to obtain, collect, or access any information on the Site for any purpose, to obtain other contestants’ information or for spamming other contestants, or engaging in any type of financial fraud including unauthorized use of a credit instrument to enter a contest.
A Contestant will also violate these Terms by using the Site for any purpose that is unlawful or for any other purpose not reasonably intended to be a part of the Contests and therefore you agree not to take any action that imposes, or may impose in VSC’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; bypass any measures used to prevent or restrict access to the Site or parts of the Site; post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; use the Site for any unauthorized purpose, or in violation of any applicable law; infringe upon the intellectual property rights of VSC, its users, or any third party; post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any VSC user; attempt to influence the outcome or results of any game that is the subject of a Contest in which you are involved or in which you have a direct or indirect interest; post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; abuse, harass, impersonate, intimidate or threaten other VSC users; submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; sell or otherwise transfer your profile.
This Site and the Contests may not be used for any form of gambling or collusion with other contestants that could be deemed a type of syndicate play.
You acknowledge that VSC’s forfeiture and/or return of any prize, suspension or termination of your ability to access the Site or participate in a Contest, shall in no way prevent VSC from also pursuing criminal or civil proceedings in connection with such conduct.
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Intellectual property rights
As used herein “Site Content” means any and all audio and visual elements of the Site, including without limitation, any text, scripts, sound, music, graphics, images, illustrations, photographs, animation, interactive features, video/audio or audiovisual works, designs or logos, statements, facts, articles, information, and all other content on or otherwise made available through the Site or the Contest whether created by VSC or by third parties. “Site Code” means any and all underlying elements constituting the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site and the Contest. “Software” means the Site Content and the Site Code.
VSC exclusively owns all Site Content, Site Code, and Software as they exist from time to time and, pursuant to these Terms, only licenses such Site Content, Site Code, and Software to you for your personal use and enjoyment. All products, creations, characters, output, designs, functions, processes whether virtual, digital or tangible and all intellectual property whatsoever, created with the Software, Site Code or any other software program created or licensed by VSC shall remain the sole property of VSC. The Site Content and Site Code contain trade secrets. The Site Content, Site Code, and the Software may not be copied, duplicated, distributed, downloaded (unless as required in order to participate in the Contest), reverse-engineered, disassembled, reproduced, redistributed, sold or otherwise exploited in any way. VSC reserves all rights not expressly granted in and to the Site Content, Site Code, and Software, and all other Intellectual Property. If you download or print a copy for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site.
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Copyrights
The Site and all materials on the Site including, without limitation, software, images, photos, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music and sound (“Intellectual Property”) is the copyrighted material or proprietary information, of VSC or third parties who have authorized VSC to display such third party’s Intellectual Property. The entire content of the VSC Site is copyrighted as a collective work under the United States copyright laws and is or may be protected under United States and worldwide copyrights which are licensed or owned, in whole or in part, by VSC or which are otherwise used with the express permission of their respective owners. VSC possesses copyrights in all original content and the selection, coordination, arrangement and enhancement of all such Site content.
Except for downloading copyrighted material for Contestant’s personal use and except as may otherwise expressly be permitted under copyright law and by VSC, the content and any third party trademarks, service marks, or copyrighted portions may not be copied, rented, leased, loaned, manipulated, edited, reproduced, distributed, redistributed, transmitted, retransmitted, duplicated, performed, modified, published, republished, uploaded to or downloaded from, stored in a retrieval system, translated into any form, posted, licensed, sold, transferred, publicly displayed, framed, linked or otherwise commercially exploited in any manner whatsoever, electronic or otherwise, nor may it be used as the basis for the creation of derivative works. Any manipulation of the content or any portion thereof, or use of the content for any other purpose constitutes an infringement of VSC’s copyrights, trademark rights or property and proprietary rights, or of such rights of the respective owners of such Intellectual Property. Any use of any portion of this content on any other web site or other networked computer environment is prohibited. Contestant acknowledges that it does not acquire any ownership rights by downloading such copyrighted material for use in a Contest.
VSC respects the intellectual property of others. VSC may, under certain circumstances disable or terminate a Contestant’s ability to access the Site or participate in Contests if that Contestant infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 et seq., you must identify the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identify the purportedly infringing material that is to be removed or to which access is to be disabled, provide information reasonably sufficient to permit VSC to locate such material; provide information reasonably sufficient to permit contact with you as the complaining party (address, telephone number, email address); provide 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, provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed. This written notice to VSC must contain a physical or electronic signature of the person authorized to act on behalf of the copyright owner. The foregoing provisions are for the benefit of VSC and third party content providers and licensors each of which shall have the right to assert and enforce such provisions directly or on its own behalf.
If VSC grants, in writing, any authority to copy, redistribute, or publish any of the copyrighted material, such authority shall require no changes in or deletion of author attribution, trademark legend or copyright notices. Contact VSC for web posting, reprint, transcript or licensing requests.
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User Submissions
Some areas of the Site may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Site. Any User Submissions of any material, information or ideas to any public area of the Site is deemed to automatically and expressly grant to VSC its parents, subsidiaries, affiliates, business and marketing partners a worldwide, royalty-free, assignable, sub-licensable, perpetual, irrevocable, non-exclusive right and license to use, edit, publicly display, archive, reproduce, modify, adapt, publish, translate, sublicense, publicly perform, reproduce, make available, transmit, broadcast, sell, translate, frame, brand, co-brand, distribute, and create derivative works of the User Submission, information, ideas, and your name, voice, likeness and other identifying information where part of a User Submission, (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, software, or technology of any kind now known or hereafter developed in the future, for developing, manufacturing, and marketing products or services, for the full term of any copyright that may exist in such material. You hereby grant VSC the right to edit, copy, publish and distribute any material submitted and waive any moral rights you may have in your User Submissions. You also permit any other contestants to access, view, store or reproduce the material for that contestant’s personal use.
If you submit any User Submission material, information or ideas to VSC, you represent you are the sole author and proprietor of the User Submission and that no material, information or ideas submitted to VSC have been registered for copyright protection in any jurisdiction or previously published in any form. You represent and warrant that you have all rights necessary to grant this license and that none of the User Submissions will be defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. If you owned a User Submission before providing it to VSC, you will continue owning it after providing it, subject to any rights granted in the Terms and any access granted to others. The burden of ascertaining that any material is not protected by copyright rests with the Contestant who is solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
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Contestant Conduct/chat rooms
Contestants shall only use the Site for lawful purposes and shall not post or transmit through the Site any material which is abusive, defamatory, constitutes an invasion of privacy or publicity rights, is obscene, profane threatening, unlawful, vulgar, violates or infringes in any way upon the rights of others, is otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Without VSC’s express written authorization, Contestant shall not use the Site to advertise or perform any commercial solicitation for products or services, including, but not limited to, solicitation of users to become Contestants of other on-line information services competitive with VSC.
VSC reserves the right, but has no obligation, to monitor or pre-screen the content of the VektorSports.com Site, including chat rooms and forums, to ensure compliance with these Terms and any operating rules and to satisfy any law, regulation or authorized government request. VSC reserves the right in its sole discretion (but not the obligation), at any time and without notice, to pre-screen, edit, refuse to post, edit, delete, undelete, modify, or remove any material submitted to or posted on the Site that VSC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. You acknowledge that neither VSC nor any of its parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submission.
You understand that all User Submissions, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which the User Submission originated. This means that you are entirely responsible for all content you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will VSC be liable in any way for any User Submissions by any Contestant.
Except as provided in the Privacy Policy, VSC does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
If you delete a User Submission, VSC’s license will end after a reasonable period of time required for the deletion to take full effect. However, if VSC has made use of the User Submission before its deletion, VSC’s license will remain intact to that portion of the User Submission and VSC will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Further, User Submission may continue exist in VSC’s archived copies, which may or may not be publicly available. If your User Submission has been shared with third parties, those third parties may have retained copies.
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Trademarks
VSC is not affiliated with or endorsed by the NCAA, NFL, or other third parties identified in the Site. Any names, logos, designs, trademarks displayed in this Site, whether displaying the ® or not, that identify a third party as the source thereof, even if not so indicated, are the service mark, trademark, or registered trademark of that respective entity or individual. Vektor Sports Challenge, VektorSports.com, and its logo are trademarks and service marks of Vektor Sports Challenge LLC. Any unauthorized use of the trademarks and service marks is strictly prohibited.
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Third Party Content
VSC may distribute (but not be the publisher of) content supplied by third parties and other Contestants. VSC does not exercise editorial control over such content. All advice, content, judgments, offers, opinions, services, statements, or other information from third parties, including information providers, Contestants, or any other user, are those of the respective author(s) or distributor(s) and not of VSC. VSC does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. VSC does not endorse nor is it responsible for the accuracy or reliability of any third party content and VSC is not liable for any loss or damage caused by a Contestant’s reliance on such information. VSC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTESTANTS OR THIRD-PARTIES. By using the site, you expressly relieve VSC from any and all liability arising from your use of any third-party website. Accordingly, please be aware when you leave the Site and read the terms and conditions and privacy policy of each other website you visit.
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Links and Advertising
VSC’s Site may contain hyperlinks (“links”) to third party web sites which are provided as a convenience. Unless otherwise noted, such links do not imply an endorsement by VSC of any other site or the goods or services promoted at such site. Any access to linked third party web sites is undertaken at a Contestant’s sole risk and is subject to the terms and conditions of use as posted for such web sites by the owners thereof. VSC does not control such linked web sites and is not liable or responsible for content therein or that the external sites will be available. Additionally, VSC’s Site may contain advertisements or banner ads by third parties. These advertisements may contain links to other web sites. Unless otherwise noted, the display of such links or advertising does not imply or express any endorsement of any individuals, entities, products, or services referred to in linked web sites, or of such links or advertising, or any association therewith. VSC does not make any representation regarding the content or practices of these third party web sites. VSC does not control advertising on linked sites. Neither VSC nor its officers, directors or employees shall be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused with respect to any advertisements or third party web sites or Contestant’s reliance on third party content or purchase of goods or services from third parties through such site. Contestants are solely responsible for any charges or obligations incurred as a result of any dealings with such web site operators or advertisers.
VSC welcomes certain third party links to its Site and will authorize such links under certain conditions. Third parties authorized to link to this Site are granted a limited, non-exclusive, non-transferable license to use the VSC name and logo solely for the purpose of linking to the VSC Site. This license may be terminated at any time in VSC’s sole discretion, at which time all links must be removed and all use of service mark or other intellectual property must cease immediately. Anyone linking to VSC’s Site agrees not to misrepresent their relationship with VSC or present false or misleading impressions about VSC’s activities, publications, programs or services. Nothing herein shall be construed as creating a joint venture or partnership and no Contestant or third party linking to this Site shall be deemed to be an employee, agent, partner or legal representative of VSC for any purpose nor shall any Contestant or third party linking to this Site have any right, power or authority to create any obligation or responsibility on behalf of VSC.
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Site/Software Errors
No software is complete or error free. VSC does not guarantee the accuracy, completeness, correct sequencing or timeliness of any information on the Site. VSC reserves the right to make corrections to any and all material and information to correct errors or omissions and to modify prize awards accordingly. If you become aware that the Site or content contains any error or is incomplete, please promptly notify VSC by e-mail at contact@VektorSports.com. Contestants who become aware of errors or incompleteness are prohibited from taking any advantage whatsoever of that error or incompleteness. VSC reserve the right to recover from any Contestant any advantage gained from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.
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Typographical errors
VSC is not responsible for typographical, statistical, printing, transaction, electronic, posting, communication or other inadvertent, human or technical errors or malfunctions in the offer or administration of this Contest, including but not limited to errors in advertising or administrating this promotion, these Official Rules, sports results data, other sponsoring body, or other materials relating to the promotion, the selection and announcement of winners or distribution of prizes.
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Internet/Technology Problems
Neither VSC nor any Released Parties (as defined below) are responsible to you if, without limitation, the Site or any portion of the Contest is not capable of running as planned due to fraud, infection by one or more computer viruses, software bugs, tampering, unauthorized intervention, technical failures, or any other cause beyond VSC’s control which corrupts or affects the administration, fairness, integrity, security or proper conduct of the contest. VSC is not responsible for any problem or technical malfunction of any telephone networks or lines, satellites, cable networks or lines, computer on-line systems, servers, equipment, providers or software, lost or unavailable network connections, nor is VSC responsible for the failure of any e-mail entry or transaction to be received due to technical problems or traffic congestion on the Internet or at any web site, phone or fax or cable lines, or failed, incomplete, garbled, or delayed computer transmissions which my limit or interfere with a Contestant’s ability to participate.
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Limitation of Liability
YOU UNDERSTAND AND AGREE THAT VSC LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW:
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR CONTENT.
VSC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT RESPONSIBLE NOR LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO THE SITE, ITS CONTENT, OR YOUR UPLOAD OF INFORMATION; USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; ANY DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, FAULTY TRANSMISSION OR COMMUNICATION, COMMUNICATION LINE FAILURE, SATELLITE UPLINKING OR DOWNLINKING, THEFT, DESTRUCTION, OR UNAUTHORIZED ALTERATION OF ENTRIES OR ACCESS TO CONTEST ACTIVITIES CONDUCTED OR INFORMATION TRANSMITTED VIA THE INTERNET, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, ANY ACTIONS VSC TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS SENT TO VSC, DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST, TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY VSC OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR ANY ERRORS OR OMISSIONS IN THE SITE’S OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, OR A TELECOMMUNICATIONS FAILURE, OR ANY COMBINATION THEREOF, OR ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, TANGIBLE OR INTANGIBLE PROPERTY OR LOSSES, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VSC IS NOT LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. VSC IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO A CONTESTANT’S OR OTHER PERSON’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION RELATED TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST OR DOWNLOADING ANY MATERIALS IN THIS CONTEST.
BY USING THE SITE OR ENTERING A CONTEST, AND AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00). YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE RELEASED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND RELATING TO THE SITE OR OTHER PROPERTY OWNED OR CONTROLLED BY VSC AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF VSC’S SITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY ALTER OR DAMAGE THIS ONLINE SERVICE, SITE, SITE CONTENT OR SOFTWARE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CIVIL AND CRIMINAL LAWS. IF ANY SUCH ATTEMPT IS MADE, VSC RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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Warranty Disclaimer
CONTESTANTS EXPRESSLY AGREE THAT USE OF THE SITE IS AT CONTESTANT’S SOLE RISK. VSC DOES NOT GUARANTEE OR WARRANT THAT ANY OF THE SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THE FILES OR SOFTWARE AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE FROM VIRUSES, OTHER CODE THAT CAUSE DESTRUCTIVE PROPERTIES, OR SECURITY BREACHES. YOU ACKNOWLEDGE AND AGREE THAT INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. CONTESTANTS ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE SITE OR DATA ACCESSIBLE VIA THE SITE.
THE SITE, THE SITE CONTENT, THE SITE CODE/SOFTWARE, ANY CONTESTANT’S USER SUBMISSIONS, ALL FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, AND ANY GOODS SOLD OR SERVICES PROVIDED THROUGH THE SITE, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR AGAINST INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY VSC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES. VSC is not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VSC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE, ANY MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS, ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT
VSC MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE HEREOF, THAT THE SITE WILL MEET YOUR REQUIREMENTS, AS TO THE ACCURACY, SEQUENCE, TIMELINESS, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED HEREBY, THAT ANY RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF THE CONTEST OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IDENTIFIED IN THE SITE CODE OR THE SOFTWARE WILL BE CORRECTED.
You acknowledge that VSC has no control over, and no duty to take any action regarding which users gain access to or use the Site, what effects the site Content may have on you, how you may interpret or use the site Content, or what actions you may take as a result of having been exposed to the site Content. You release VSC from all liability for having acquired or not acquired Content through the Site. The Site may contain, or direct you to other websites containing information that you or others may find offensive or inappropriate. VSC makes no representations concerning any Content viewed, downloaded, contained in or accessed through the Site.
VSC DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK AND REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT.
VSC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
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Account Passwords and Security
If VSC requires Contestants to establish an account with VSC, at the time of registration, you must provide a valid email address and create a Username and Password to be used in conjunction with your account. You are solely responsible for maintaining the confidentiality of your Username and Password, and are solely responsible for all uses of your Username and Password, whether by you or by others. You agree to use only your own Username and Password to access the Site, use a unique Password that you have not used outside of the Site, keep your Username and Password confidential and not share them with anyone else, not use a Username that promotes a commercial venture or one that VSC, in its sole discretion, deems unacceptable or offensive. VSC may require you to change your Username or may unilaterally change your Username.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in VSC’s opinion sufficiently uncertain, the name of the Contestant in which the email address on file was registered with the email service provider shall be deemed the winning Contestant. VSC reserves the right to not award a prize to an individual it believes in its sole discretion did not submit the winning entry regardless of the Username or Password used to submit the winning entry.
It is a violation of these Terms to allow any other person to use your account to participate in any Contest. VSC may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if VSC believes your Username and Password are being used by someone other than you, or for any impermissible reason.
You accept responsibility for all activities, charges, and damages that occur through your account. You acknowledge and agree that VSC is authorized to act on instructions received through the use of your Username and Password and that VSC is not liable for any loss or damage arising from access to the Site through the use of your Username and Password or your failure to comply with these requirements or to notify VSC of unauthorized use. You agree to immediately notify VSC of any unauthorized use of your Username and Password or account but VSC is not liable for any loss or damage resulting from your failure to do so.
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Notices
All notices given by VSC, including notices of winning, shall be sent to a Contestant’s e-mail or physical address. Contestants may give notice to VSC as stated in the above paragraphs or by sending an e-mail to contact@VektorSports.com or by writing to:
Vektor Sports Challenge
9425 Commerce Way
Adelanto, CA 92301 -
Customer Service
Customer Service representatives can be reached by email at contact@VektorSports.com
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Dispute Resolution / Governing Law / Arbitration / Class Action Waiver
If a Contestant believes there is any dispute, claim, question, or disagreement concerning the use of the Site, and any dispute, controversy or claim related thereto, (including all commercial transactions conducted through the Website) the Contestant shall contact VSC by mail, telephone, or email to attempt to resolve such dispute in good faith negotiations. Over the next 30 days, the parties shall use their best efforts to settle any dispute, claim, question, or disagreement in these good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. This is a condition precedent to either party initiating a lawsuit or arbitration.
The Contests, the use of the Site, and any dispute, controversy or claim related thereto, (including all commercial transactions conducted through the Website) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, are governed by the laws of the State of California, USA without regard to any choice of law or conflict of law rules or provisions that would cause the laws of any other jurisdiction to apply. All Claims, regardless of the grounds upon which such Claim 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, including the Supplementary Procedures for Consumer-Related Disputes, where applicable, but excluding any rules or procedures governing or permitting class actions. The cost of the arbitration shall be divided equally among the parties. By agreeing to arbitrate all Claims, you and VSC waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall take place in Rancho Cucamonga, California. By registering, you agree to submit to the personal jurisdiction of any federal or state court in San Bernardino County, California, 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 waive any argument that such forum does not have personal jurisdiction, is not appropriate, or is inconvenient. By registering you agree that all Claims and causes of action arising out of or in connection with the Contest, 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 Claim of any other party – the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis); Claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney or legal fees for a Contestant; and under no circumstances will any Contestant be permitted to obtain any award for, and Contestant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
In the event a Contestant initiates a proceeding involving any claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a claim under this Section other than in San Bernardino County, California, VSC shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate in the forum to which the Contestant has agreed.
Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration agreement is made pursuant to and in connection with a transaction involving interstate Commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq., and pertinent California law. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth above, the arbitrator shall have authority to award legal and equitable relief as is available in the courts of San Bernardino County or the State of California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, any Contest, or the Terms must be filed within one (1) year after such claim or cause of action first arises or it is forever barred.
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No Purchase Necessary
No purchase or payment of any kind is necessary to enter or win Contests. To participate for free, register a free account at VektorSports.com and send a hand written stamped self-addressed #10 envelope with your User name and email address used to register your free account:
Vektor Sports Challenge
9425 Commerce Way
Adelanto, CA 92301Once VSC receives you request the participant will receive $10USD (10 Sweepstakes Promotion Cash). The Sweepstakes Promotion Cash will be automatically added to the participant's account starting within 7 business days of receipt.
One request per person, per household, per envelope.
General Release/Indemnification By participating in any Contest you understand that the Site and Site Content may contain inaccuracies or typographical errors and you release, hold harmless and waive any rights to recovery against VSC, participating sponsors, content providers, officers, directors, principals, employees, affiliates, suppliers, contractors, shareholders, agents, advertising and promotional agencies, and promotional partners (“Released Parties”) from any liability whatsoever for any claims, costs, expenses, injuries, losses, suits, proceedings, judgments, liabilities or damages of any kind and actions of any kind including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, “Claims”) arising out of, related to, or in connection with your participation or use of VSC’s Site, , any electronic or other payment methods used, , participation in any Contest, injuries, damages, or losses to persons and property which may be sustained in connection with participation in the receipt, ownership, use or misuse of any prize or while preparing for, participating in or travelling to or from any prize related activity, your breach or violation of these Terms, your receipt, participation or acceptance, possession, use or misuse, of any prize awarded including, without limitation, any of the foregoing related to damage to or destruction of property, personal injury, death, violation of rights of publicity or privacy, defamation or portrayal in a false light, intentional or unintentional, whether arising under theories of contract, tort (including negligence), warranty or otherwise. VSC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with VSC in the defense of such matter.
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General Terms
The section headings used herein are for convenience only and shall not be given any legal import. No waiver of any breach or default or failure to exercise or enforce any right shall be deemed to be a waiver of any preceding or subsequent breach, default, right, or provision. Waiver on one occasion shall not be construed as a continuing waiver. All rights and obligations under this agreement are personal in nature and no third party beneficiaries are created by your entry or participation in a Contest. You do not have the right to assign or transfer any rights or obligations under this agreement. Use of the Site does not create a joint venture, agency, partnership, trust or fiduciary relationship with VSC. If any provision of these Terms and Conditions or the Contest Rules is found to be invalid or unenforceable, or interpreted to materially affect the intent of the parties, such provision may be modified by VSC, but in no event will such provision affect the validity or enforceability of any other provision. In any case, whether a provision is modified or not, all remaining provisions of these rules shall remain in effect and shall be construed in accordance with their terms.
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Use and Consent
The use of this Site and/or participation in the Contest constitutes your acknowledgement and agreement that you have read, understood, and agree to be bound by all of the Contest rules, Terms, and decisions of VSC, which shall be final and binding in all respects. If you do not so agree, you should immediately discontinue using the Site and participating in the Contest. As a result of your registration, you may receive certain commercial communications from VSC or its affiliates and promotional or business partners. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving communications at any time using the unsubscribe functionality or sending an email to VSC. Following such opt-out, VSC may still communicate with you via email to the extent permitted by applicable law for Contest purposes.
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Entire Agreement
These Terms (and any additional terms, rules and conditions of participation in particular Contests VSC will post on the Site) constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral between the parties with respect to such subject matter. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in a particular Contest, the latter will prevail.
Survival The terms and provisions of these Terms shall survive any Contests, awards of prizes, termination of Contests, or termination of these Terms.
VektorSports.com is the on-line interactive service operated by Vektor Sports Challenge LLC, on the World Wide Web of the Internet consisting of information and Site content.
This Site is owned and operated by VSC and the content and code of this Site are ©Copyright 2016 – 2017 VSC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Violators of the copyright laws will be prosecuted to the maximum extent possible which may result in severe civil and criminal penalties.
Copyright 2016-2017 Vektor Sports Challenge LLC