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RotoHog Fantasy Game Rules & General Terms of Service (TOS)
Revised December 20, 2008
Welcome to RotoHog's "GoDaddy Pro Football Playoff Challenge" ("Game") accessible through www.facebook.com that allows you to play fantasy football against others with the chance to win prizes. The Game is hosted and managed by Sports Composite DE, Inc. ("RotoHog").
The following Rules and General Terms of Service for the Game is a legal contract between you, an individual customer, member, or user ("You" or, collectively, "Users"), and RotoHog regarding your use of the Game.
PLEASE READ CAREFULLY THE FOLLOWING RULES AND TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING RULES, TERMS OF SERVICE AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GAME.
Eligibility
To be eligible to win prizes in the Game, you must be an individual who resides in one of the fifty United States of America or Canada and must be at least the age of majority in your jurisdiction of residence for the duration of the Game. You are subject to all applicable state and federal laws with regard to prize eligibility. Void where prohibited and where any registration, bonding or translation required. RotoHog or its subsidiaries and affiliates, in its sole discretion, will determine the eligibility of Entrants and the time of entry. Employees, independent contractors, investors, advisors, officers, and directors of RotoHog, its subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of all such persons, and their affiliates, are not eligible to participate in the Game.
THE GAME IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE GAME BY ROTOHOG. By accessing, downloading, installing, or using the Game, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Game.
Entrants who do not comply with any of the requirements of these Rules or any other applicable Terms are not eligible to participate or win a prize.
Entry
Users are automatically entered to participate in the Game once the game is accessed on Facebook and a team is created. ONLY ONE GAME ENTRY PER PERSON IS PERMITTED.
By submitting accessing and entering the Game, you agree to abide by and be bound by these Rules and Terms and any decision RotoHog or its designees make regarding any matters relating to the Game. RotoHog reserves the right to disqualify from the Game, and any future contest or other promotion conducted by RotoHog, and to prosecute to the fullest extent permitted by law, any entrant who, in RotoHog's reasonable suspicion, tampers with the Game or entry process, violates these Rules or Terms, engages in any cheating or collusion, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification or ineligibility of any winner, RotoHog may replace such winner with the next runner-up at the sole discretion of RotoHog. Where awarding prizes is applicable by law, Canadian winners will be required to take a skills test before collecting prizes.
By entering the Game, you consent to RotoHog's use of your name, photograph and/or likeness, address, voice, fantasy football selections, and statements made by or attributed to you, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
Start and End of Game
The Game begins on January 3, 2009 (the "Start Date") and ends immediately upon completion of the last game of the 2009 playoffs, scheduled for February 1 (the "End Date").
Fees and Prizes
Season-Long Game: Enrollment in the Game is free and automatic for qualified users who access and play the Game on Facebook. Prizes in the Game will be awarded to those 3 eligible entrants who comprise the 3 highest points earners among all eligible entrants as of the End Date according the following "Prize" schedule:
Fees and Prizes
Season-Long Game: Enrollment in the Game is free and automatic for qualified users who access and play the Game on Facebook. Prizes in the Game will be awarded to those 3 eligible entrants who comprise the 3 highest points earners among all eligible entrants as of the End Date according the following "Prize" schedule:
Judging
Judging to determine the winners will be conducted by RotoHog or its designee(s). Winners will be determined by the points earned by each entrant through play in the Game. A tie will be broken at random in the sole discretion of RotoHog or its designee(s). RotoHog will be the sole inspector and final arbiter of all Game determinants, including, but not limited to number of entrants and number of points earned, and will use internal software and internal analysis to determine the number of points earned by each entrant.
Odds of Winning
The odds of winning the Game depend on your skill in drafting and managing a fantasy football team and in predicting the relative performance of athletes and on the number of participants. In addition, the odds of winning depend on how late you enter any contest, since later entrants have less total time in which to accumulate points relative to entrants who entered earlier.
Finality of Decisions
All decisions of RotoHog are final and binding in all matters relating to any RotoHog contest.
RotoHog will cover costs of shipping and handling of prizes to any destination within the contiguous United Sates. All other shipping and handling, including customs costs, shall be the sole responsibility of prize winner.
RotoHog will cover costs of shipping and handling of prizes to any destination within the contiguous United Sates. All other shipping and handling, including customs costs, shall be the sole responsibility of prize winner.
Taxes
ALL TAXES AND CURRENCY EXCHANGE FEES OR CHARGES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
RotoHog reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than any portion withheld for tax purposes or as otherwise required by applicable law) to the winners only and are not transferable. The winner may be required to supply a Social Security number (or, in Canada, a Social Insurance Number) or Taxpayer ID prior to the award of any prize.
Notification of Winner
The winners will be notified by e-mail and/or regular mail and must sign and return an affidavit (or, in Canada, a declaration) of eligibility and compliance with these Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an individual, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The winners may be required to provide RotoHog with proof that the potential winner is the Authorized Account Holder of the e-mail address associated with the winner. The names of the winners may be obtained by mailing a self-addressed, stamped envelope to Rotohog.com, 9800 La Cienega Ave., #904, Inglewood, CA 90301. Vermont residents do not need to provide return postage.
Disclaimer and Limit of Liability
ROTOHOG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR AN ENTRANT'S PARTICIPATION IN THE GAME. ROTOHOG SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE GAME, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, SERVER, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS GAME; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE GAME TO BE DISRUPTED OR CORRUPTED. ROTOHOG RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE GAME OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, SUSPENSION OR TERMINATION OF THE FOOTBALL SEASON OR OTHER UNFORESEEABLE EVENT ALTERS, CORRUPTS OR MAKES IMPOSSIBLE THE ADMINISTRATION OF ANY GAME.
Release
BY ENTERING INTO ANY GAME(S), EACH ENTRANT AND EACH OF ITS HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS AND AGENTS RELEASES AND AGREES TO HOLD HARMLESS ROTOHOG, AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING AND PARTICIPATING IN THE GAME; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) THE GAME(S).
Third-Party Sites, Products and Services. The Game may include links or references to other web sites or services ("Third-Party Sites"). RotoHog does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Game, are solely between you and such third party. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD-PARTY SITES IS SOLELY AT YOUR OWN RISK AND ROTOHOG SHALL NOT HAVE ANY LIABILITY IN CONNECTION THEREWITH.
Facebook Terms
All Facebook terms and conditions apply to users playing the Game, including all terms relating to user generated content.
Termination; Violation of These Terms
RotoHog. You agree that RotoHog, in its sole discretion, for any or no reason, and without penalty, may terminate any user's use of the Game at any time. RotoHog may also in its sole discretion and at any time discontinue providing access to the Game, or any part thereof, with or without notice. You agree that any termination of your access to the Game or any account you may have or portion thereof may be effected without prior notice, and you agree that RotoHog will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RotoHog may have at law or in equity.
Remedy. Your only remedy with respect to any dissatisfaction with (i) the Game, (ii) any Term, (iii) any policy or practice of RotoHog in operating the Game, or (iv) any content or information transmitted through the Game, is to terminate these Terms by discontinuing use of any and all parts of the Game.
Ownership; Proprietary Rights. The Game is owned and operated by RotoHog. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Game provided by RotoHog (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that is provided and owned by Users, all Materials contained on the Game are the property of RotoHog or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to RotoHog or its affiliates and/or third-party licensors. Except as expressly authorized by RotoHog, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials, including content. RotoHog reserves all rights not expressly granted in these Terms.
Indemnification. You agree to indemnify, save, and hold RotoHog, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Game, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. RotoHog reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RotoHog, and you agree to cooperate with RotoHog's defense of these claims. RotoHog will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROTOHOG, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROTOHOG OR THROUGH THE GAME WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS PARAGRAPH, THE TERM "ROTOHOG" INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS, AND IT'S SPONSOR, GODADDY.COM.
"As Is" and "As Available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, REFERENCE GAMES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. ROTOHOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME, CONTENT, OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Game Operation and Content. ROTOHOG AND GODADDY DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE GAME OR ANY REFERENCE GAMES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE GAME (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ROTOHOG, GODADDY OR ANY OF THEIR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, LOST WINNINGS, OR LOSS OF ANTICIPATED PROFITS OR WINNINGS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE GAME OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ROTOHOG, EVEN IF ROTOHOG OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ROTOHOG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL ROTOHOG'S, GODADDY'S OR ANY OF THEIR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GAME OR YOUR INTERACTION WITH OTHER GAME USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ROTOHOG AND RECEIVED THROUGH OR ADVERTISED ON THE GAME OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
Limitations by Applicable Law. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Miscellaneous
No Affiliation. You acknowledge that RotoHog is not in any way affiliated with or endorsed by the National Football League or any other professional sports organization.
Certain Features and Services. When using the Game, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Changes to these Terms. RotoHog reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Game after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Game.
Notice. RotoHog may provide you with notices, including those regarding changes to RotoHog's terms and conditions, by email, regular mail or postings on the Game. Notice will be deemed given twenty-four hours after email is sent, unless RotoHog is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Game. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Game is deemed given 30 days following the initial posting.
Waiver. The failure of RotoHog to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by RotoHog.
Governing Law. These Terms, along with any Game and the rights and obligations of RotoHog and entrants will be exclusively governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of any Game.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms, the Game, or any contest against RotoHog will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RotoHog without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Entire Agreement. This is the entire agreement between you and RotoHog relating to the subject matter herein and will not be modified except in writing, signed by all affected parties, or by a change to these Terms or Guidelines made as set forth herein.
Contact Information. The services hereunder are offered by Sports Composite DE Inc., located at: 9800 La Cienega Blvd., Suite 904, Inglewood, CA 90301 and email: customerservice@rotohog.com. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
All questions regarding rules should be directed by e-mail to Customer Service.
Customer service hours are from 9am - 5pm Pacific Time, any emergency issues will be handled as soon as possible.