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TERMS AND CONDITIONS/OFFICIAL RULES THE FOLLOWING PROMOTION IS INTENDED ONLY TO BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. 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 ("TERMS") FOR THE FIRST TIME, ANY CONTESTANT USING THE PRO FANTASY RODEO WEB SITE ("SITE") AND PARTICIPATING IN THIS CONTEST AGREES TO COMPLY WITH THESE TERMS.
1. Contest of Skill This 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.
2. Sponsor/Administrator contact information
Pro Fantasy Rodeo
3. Eligibility To participate, Contestants must provide name, address, city, state, zip code, country, phone number, e-mail address, and date of birth. All entries submitted by email must be submitted from a valid email account, which may be identified by a reverse domain name search. In addition each Contestant must provide either credit card billing information (VISA¬, MasterCard¬) Entries will be accepted for a limited time prior to each game (See individual game rules for exact dates). PFR reserves the right to disqualify any entry for any reason whatsoever including but not limited to those that have been incorrectly completed or which contain invalid or incorrect information. Each Contestant must ensure that they have the legal right to participate and must comply with the laws applicable in the Contestant's jurisdiction. If a Contestant resides 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 an Contestant, PFR reserves the right to demand proof of identity satisfactory to PFR in its sole discretion. Entries submitted by email 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, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. PFR may require the potential winner to prove he or she is the authorized account holder of the email address associated with the winning Contestant. Residents of Arizona, Florida, Iowa, Louisiana, Maryland, Minnesota, Montana, North Dakota, Vermont 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 provinces. Void where the laws and regulations of any jurisdiction prohibit participation. Directors, officers, and employees of PFR 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 riders or employees of or immediate family members of PFR parent companies, Professional Rodeo Cowboys Association judges for the National Finals Rodeo, developers, subsidiary companies, affiliates, any hotel or venue participating in this Contest, promotional partners, advertising agencies, promotion agencies, or prize suppliers. By entering or participating, all Contestants acknowledge acceptance of these Terms, agree to adhere to and be bound by them, and to and be bound by the decisions of the sponsors which are final and binding on all matters relating to this contest.
4. Registration
5. Lost entries
6. Fees and Charges Contestants agree to pay all applicable fees arising out of use of the Site and participation in the Contest. All fees charged to your account by any person who activates your account and/or participates in the Contest through the use of your credit card account shall be deemed to have been legitimately incurred by you. You agree to be solely responsible and liable for all such charges.
7. Minimum entries
8. Results 9. Injuries/No Shows/Re-Rides After the rodeo event has begun, if a rodeo participant is injured during the event, does not participate, is disqualified, or cannot continue in the event or any part of it for any reason whatsoever, Contestants will not be allowed to choose a replacement rodeo participant and so no Contestant will be able to receive any points in this Contest as the now non-participating rodeo participant will receive no winnings. If before a rodeo event begins a rodeo participant is injured, does not participate, is disqualified, or cannot make the event for any reason whatsoever, Contestants will have until PFR entries close for that event to chose a new rodeo participant and can attempt to change the Contestant’s team composition by contacting PFR via email, telephone, or facsimile transmission. If Contestant’s proposed changes are received by PFR before entries close and in sufficient time before the rodeo event begins, PFR will use reasonable efforts to modify the Contestant’s team composition. PFR cannot guarantee the changes will be made prior to the time entries close. If the Contestant’s proposed changes are made, points will then be awarded to Contestants based upon the new team composition. If the Contestant’s proposed changes are not received or made for any reason whatsoever, the team composition will not change, the Contestant will receive points based upon the originally submitted team composition and will therefore not receive any points in the event for the now non-participating rodeo participant. Special rules apply for team roping events. If one of the team roping participants is injured during the event, does not participate, is disqualified, or cannot continue in the event for any reason whatsoever, and the PRCA allows the remaining team member to select a replacement team member from rodeo participants already entered in that rodeo, Contestants will receive points for the remaining team member’s winnings but will not receive points for the replacement team member’s winnings. All winnings of the remaining team member will be counted as points for the Contestant’s team, but the winnings of the replacement team member will not be counted. If the PRCA doesn’t allow a team member replacement or if for any other reason the remaining participant is unable to continue to participate in the rodeo event without a replacement team member, the Contestant will not receive any points for that team and will not be permitted to choose a wholly new team. Special rules apply for ground money in all events. If in any event there are only two qualified scores, the rodeo participants will win first and second go-round winnings and only those amounts will be counted towards a Contestant’s point total. Even though the two rodeo participants may also receive the third through sixth place winnings, the third through sixth place winnings will not be counted towards a Contestant’s point total. PFR will not notify Contestants of injuries or other reasons for a rodeo participant’s non-participation in a rodeo event, but will, if reasonably possible, post information received by PFR concerning these issues on the PFR website. Contestants are responsible for keeping track of any reasons for non-participation from all sources and not rely on PFR or its website. In certain cases to be determined by PFR in its sole discretion, replacement participants or team changes may also be allowed before or after any rodeo event begins. If special allowances are made, such allowances and any pertinent Contest Rule modifications, will be posted on the PFR website within a reasonable time. Contestants are responsible for keeping track of any allowances and pertinent Contest Rule modifications and will not be notified of such allowances and modifications. PFR does not assume any responsibility for making any special allowances or Rules modifications nor any liability for refusing to do so. In no case will the sixteenth place rodeo participant be eligible to be added to any team even if that sixteenth place rodeo participant is entered into a rodeo event for any reason. In the case of a re-ride in any event, you will receive a score for that re-ride. All terms set forth in other provisions of these Rules, especially those rules concerning entries, apply equally to attempted Contestant changes or modifications to entries. 10. Winner Notifications Prizes are paid by check and will be mailed within 30 days after PFR's verification of all data and scores, receipt of the claim, proof of identification, and affidavit of eligibility. 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). PFR reserves the right to substitute prizes of equal or greater value. Any refusal to comply with security or information requests may void any prizes. Canadian winners may be required to answer additional time-limited skill-testing questions as a condition to being awarded a prize.
11. Promotional Release
12. Taxes
13. Currency
14. Disputes Concerning Results
Pro Fantasy Rodeo You must include complete contact information, a written description of the dispute to allow PFR to review and research the dispute, whether the dispute is with the points awarded or the Contest and any additional information to help PFR resolve the dispute. No phone calls will be accepted. PFR will review and settle all disputes and upon, receipt of clear and convincing evidence of a reversible error, scores may be adjusted in PFR's sole discretion. Contestants agree that PFR and its records shall be the final authority in resolving disputes. All decisions shall be final and binding.
15. Rules/Winners Information
Pro Fantasy Rodeo WA and VT residents may omit return postage. Please specify "Rules" or "Winners List." One request per household. One request per envelope. All requests must be received within 2 months after completion of the contest.
16. Privacy
17. Equipment
18. Changes to Terms/Contest PFR reserves the right in its sole discretion, to change, suspend, cancel, discontinue 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, at any time without notice to you and without any liability, at any time if fraud, technical failure, technical corruption, a virus, software bugs, unauthorized human intervention, governmental intervention, acts of God, NFR Contestants lockout or work stoppage, or other causes or events beyond PFR's control compromises the contest's fairness or integrity and the contest may not resume until the NFR resumes its schedule and PFR resumes normal business operations, if ever. All such changes shall be posted online.
19. Regulatory Challenge 20. Cancellation/Refund Policy Refunds will be credited to your credit card or sent to you by check at PFR's sole discretion. Upon cancellation, PFR reserves the right to withhold any balance due if, in PFR's sole discretion, it suspects that you have committed a criminal offense or manipulated or tampered with the administration or accounting systems for, or if you are otherwise participating in the Contest contrary to the purpose for which it was intended.
21. Suspension/Disqualification of Contestant
22. Intellectual property rights PFR 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 PFR shall remain the sole property of PFR. The Site Content and Site Code contain trade secrets. Neither the Site Content, Site Code, or Software may be copied, duplicated, distributed, downloaded (unless as required in order to participate in the Game), reverse-engineered, disassembled, reproduced, redistributed, sold or otherwise exploited in any way.
23. Copyrights Except for downloading copyrighted material for Contestant's personal use and except as may otherwise expressly be permitted under copyright law, the content and any third party trademarks, service marks, or copyrighted portions may not be 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 PFR'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. If you submit any material, information or ideas to PFR, you represent you are the sole author and proprietor of the material, information or ideas and that no material, information or ideas submitted to PFR have been registered for copyright protection in any jurisdiction or previously published in any form. 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. The submission of any material, information or ideas to any public area of the Site is deemed to automatically and expressly grant a royalty-free, assignable, sub-licensable, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, frame, brand, co-brand, and distribute such material, information, and ideas, (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Contestant hereby grants PFR the right to edit, copy, publish and distribute any material submitted. Contestant also permits any other Contestant to access, view, store or reproduce the material for that Contestant's personal use. If PFR 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. PFR respects the intellectual property of others. PFR will, under certain circumstances terminate Contestants who infringe 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. Û 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 PFR to locate such material; provide information reasonably sufficient to permit contact with you as the complaining party; 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 notice 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 PFR 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. Contact PFR for web posting, reprint, transcript or licensing requests.
24. Trademarks Pro Fantasy Rodeo, Pro Fantasy Rodeo.com, and its logo are trademarks and service marks of Pro Fantasy Rodeo, Inc. Any unauthorized use of the trademarks and service marks is strictly prohibited.
25. Contestant Conduct/chat rooms Without PFR'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 PFR. PFR reserves the right, but has no obligation, to monitor the content of the Pro Fantasy Rodeo.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. PFR reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Site that PFR, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
26. Third Party Content PFR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTESTANTS OR THIRD-PARTIES.
27. Links and Advertising PFR welcomes links to its Site and allows such links under certain conditions. Third parties linking to this Site are granted a limited, non-exclusive, non-transferable license to use the PFR name and logo solely for the purpose of linking to the PFR Site. This license may be terminated at any time in PFR'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 PFR's Site agrees not to misrepresent their relationship with PFR or present false or misleading impressions about PFR'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 PFR 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 PFR.
28. Site/Software Errors
29. Typographical errors
30. Internet/Technology Problems PFR is not responsible for any problem or technical malfunction of any telephone networks or lines, cable networks or lines, computer on-line systems, servers, equipment, providers or software, lost or unavailable network connections, nor is PFR 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. PFR IS NOT RESPONSIBLE NOR LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF 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. PFR IS NOT LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PFR IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO A CONTESTANT'S OR OTHER PERSON'S COMPUTER OR OTHER PROPERTY RELATED TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST OR DOWNLOADING ANY MATERIALS IN THIS CONTEST (INCLUDING, WITHOUT LIMITATION, DAMAGE BY VIRUS). 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, PFR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
31. WARRANTY DISCLAIMER THE SITE, THE SITE CONTENT, THE SITE CODE/SOFTWARE, ANY CONTESTANT CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE, ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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. PFR 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.
32. Notices
Pro Fantasy Rodeo
33. Customer Service 34. Governing Law By registering you agree that all disputes, 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; 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; 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.
35. General Release/Indemnification Contestant agrees to defend, indemnify and hold PFR and all Released Parties and keep PFR fully indemnified and held harmless from and against all disputes, claims, loss, liability, damage, costs, court costs, expert fees, and expenses, including attorneys' fees, arising out of or resulting from a Contestant's participation or use of PFR's Site or a Contestant's breach or violation of these Terms.
36. General Terms
37. Use and Consent
38. Entire Agreement
39. Survival Pro Fantasy Rodeo.com is the on-line interactive service operated by Pro Fantasy Rodeo, Inc., on the World Wide Web of the Internet consisting of information and Site content . This Site is owned and operated by PFR and the content and code of this Site are © Copyright 2004 PFR. 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. |
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| ProFantasy Rodeo ©2004-2010 | ||||||||||||
| ProFantasy Rodeo is the official fantasy sports game
of the Professional Rodeo Cowboys
Association (PRCA)
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