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
Pro Fantasy Rodeo is a contest of skill designed to increase consumer awareness of and interest in the sport of rodeo and is subject to all federal, state, local and municipal laws and regulations. Each Contestant will compete against all other contestants that are eligible to compete for overall prizes. The winning Contestant will be the one (or in the case of a tie, the ones) who use his or her skill and knowledge of relevant rodeo participants, and livestock, rodeo rules, and the rules governing this contest to accumulate the highest point totals.
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
The Contest is sponsored by Pro Fantasy Rodeo, Inc., ("PFR") which can be reached at the following address:
Pro Fantasy Rodeo
116A West 3rd Street
La Junta, CO 81050
Toll Free 1-866-274-0180
Pro Fantasy Rodeo is open to legal residents of the 50 United States, Washington, D.C. and Canada (excluding Puerto Rico and Quebec) 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. PFR reserves the right, in its discretion, to conduct background checks or to demand further evidence as to your age at any time, to suspend or terminate your membership and account if PFR 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.
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, Iowa, Louisiana, Maryland, Montana, 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.
Contestants can register on-line at the Site or by mail. All mail entries must be postmarked at least six days prior to the official entry closing date. Contestants must establish an account and provide valid credit card details. PFR will consider all credit card payments authorized through your account as being authorized and validly made by you. Registration is not complete until all required registration information has been supplied, and credit card payments have been credited to PFR's account and no such charge to your credit card account is declined, refused or charged back by our processor. PFR reserves the right to refuse registration to anyone previously disqualified, whose eligibility is in question, or who is otherwise ineligible.
5. Lost entries
PFR is not responsible for entries or transactions, that are corrupted in web transmission, late, misdirected, mutilated, lost, incomplete, incorrect, inaccurate, tampered with, damaged, altered, illegible, stolen, inaccurate, or garbled, whether caused by a Contestant, equipment, or technical malfunction or by human error, telephone, computer, online or technical error or malfunctions (including busy lines or disconnections), or entries sent postage-due. Entries not in compliance with these Terms will be disqualified.
6. Fees and Charges
The current entry fees are as set forth in the rules or as posted on the PFR Site.
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
A minimum of 1,200 Contestant entries is required to hold this contest OR if less than the minimum number of Contestants sign up prizes may be pro-rated in PFR's discretion. Additionally, PFR reserves the right to cancel the Contest prior to the first event and provide a complete refund of all registration fees to all Contestants.
Following completion of each event or day of competition, all results will be verified and posted. 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. If a change or correction is required, it will be included in final computations and can affect all Contestants. No results are official until two weeks after the end of the game unless the results are subject to dispute of any kind in which case the results will be made final at the conclusion of the dispute. The official winner will be determined at that time.
9. Injuries/No Shows/Re-Rides
Each Contestant selects all rodeo participants at their own risk subject to the following where applicable.
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
Winners will be notified via the e-mail address provided at the time of registration or regular mail within fifteen (15) days after the date the winners are determined. Winners will have ten (10) days from the date notification is first sent to claim prizes and, unless prohibited by law, will, within that time, be required to prove eligibility by submitting one or more forms of valid identification, execute an affidavit of eligibility, and provide a liability/publicity release. PFR reserves the right to conduct a security review and to require that winners provide such additional identification or other information or documentation as PFR, in its sole discretion, deems necessary in order to ensure that PFR is not, by virtue of awarding any prize, subject to embarrassment, public ridicule, public disrepute, contempt, scandal, or otherwise reflect unfavorably upon PFR or any prize supplier. If the 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 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 PFR from also pursuing criminal or civil charges or claims.
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
Unless prohibited by law, and without further compensation, by entering, Contestants grant PFR 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 their 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.
Winners are solely responsible for reporting and paying all applicable taxes and fees on prizes. All winners of prizes valued $600 or above will receive a Federal 1099 form showing the value of the prize awarded. Canadian winners are subject to withholding of a portion of their prizes as required by law.
All dollar amounts specified herein are in U.S. dollars.
14. Disputes Concerning Results
In case of a dispute including but not limited to rider or stock selections, violations or infractions of the rules, scoring, selection of winners, disputes among Contestants, and all other aspects of the Contest, or if you believe that an error has been made with respect to your points, you must mail a complete explanation of the dispute to our customer service department at:
Pro Fantasy Rodeo
116A West 3rd Street
La Junta, CO 81050
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
A list of prize winners will be posted on the PFR web Site for a reasonable period of time after determination of the winners, starting approximately 30 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:
Pro Fantasy Rodeo
116A West 3rd Street
La Junta, CO 81050
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.
15.b. Pro Fantasy Rodeo Grand Prize Rules
Grand Prize Award: The Grand Prize vehicle (Prize) will be given to the winner of Pro Fantasy Rodeo’s 2012 WNFR Game Average Winner (Winner) as determined by Pro Fantasy Rodeo (PFR) in accordance with its rules. PFR is under no obligation to Winner except as expressly set forth herein. PFR has sole discretion in determining the timing and location for delivery or pick up of the Prize. Color and options of the Prize are within the sole discretion of PFR. The Prize will be used for promotional purposes by PFR during the 2012 Contest Period and may have up to 10,000 miles on its odometer and will have been driven by PFR's designated agent(s) to and from promotional events. Winner is solely responsible for all federal, state and local taxes and fees associated with the winning and receipt of the Prize. The Winner is likewise solely responsible for satisfying any applicable state law requirements with respect to taking delivery of the Prize. Winner must complete an IRS Form 1099 provided by PFR for the total actual retail value (ARV) of the Prize for the calendar year the prize was won or the Prize is delivered (whichever shall be applicable). Should federal, state or local law impose any tax reporting or filing obligations on PFR arising out of the Winner's participation in the Contest (including the Winner's receipt of and/or use of the Prize), the Winner agrees to timely cooperate with PFR with regard to providing any information that is reasonably needed for PFR to comply with any such reporting or filing obligations. The Winner agrees not to sell the Prize for a period of not less than one year from delivery of the Prize to Winner. The Winner also agrees to leave all logos on the Prize for a period of not less than one year from delivery of the Prize to Winner. Truck winner must be a legal resident of the United States to receive ownership and delivery of truck. If the winner is not within the US, the winner will receive a prize of $20,000 for the grand prize.
Upon submission, all contest entries, along with all copyright, trademark, publicity, and other proprietary rights and goodwill associated therewith, become the property of PFR. Entries will not be returned to any Contestant and shall be electronically archived. In addition, all personal information collected during the contest will be the property of PFR. PFR will hold Contestant's information submitted electronically on a secure server and will use it for administration, running the contest, selecting prize winner(s), verifying winner information and eligibility, tendering prizes and promotional purposes. PFR 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 PFR enters into a partnership, merger, or acquisition with another company (or companies), Contestants agree to allow PFR and the other company (or companies) to use the registration information provided in any manner consistent with these Terms.
Contestant shall be responsible for securing, maintaining and paying for all telephone, computer hardware and other equipment needed for access to and use of PFR's Site as well as for all costs associated with Contestant's internet access. The Site is best viewed with Netscape 4.0 or higher, Internet Explorer 4.0 or higher, or the 32-bit version of AOL 8.0. PFR DOES NOT SUPPORT WEBTV. WEBTV USERS ARE NOT ABLE TO REGISTER FOR THE GAME.
18. Changes to Terms/Contest
PFR reserves the right at any time to add to, delete from, change or modify 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 delivery by electronic or US mail, or by any other means by which Contestants obtain notice. All use of the Site thereafter shall constitute Contestant's acceptance of such changes, modifications or additions.
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
In the event this Contest or the award of prizes to winners is challenged by any police, legal or regulatory authority, or PFR believes operation is in violation of any applicable law, PFR 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, 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.
20. Cancellation/Refund Policy
Any Contestant is entitled to cancel his or her registration and terminate membership at any time by written request sent via mail to the address set forth herein or via email to firstname.lastname@example.org. Any request for cancellation must include the Contestant's name and if by email must be submitted from the same 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 PFR's sole discretion. Refunds for cancelled entries will be permitted only if the request is received via e-mail within one day of registration or if by regular mail within three days of registration. PFR reserves the right to apply a $15.00 service charge to all cancelled entries and cancellation terminates any chance of winning (even if you are determined to be the winner before the cancellation notice is received by PFR). After the deadlines set forth above, no refunds of any kind will be permitted. Cancellation is final. If you have any questions about this cancellation/refund policy, contact us before entering.
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
PFR reserves the right in its sole discretion, immediately and without notice to the Contestant, 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, 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 the Official Rules or these Terms, 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, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Site or if PFR 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 or other programming techniques) designed specifically to secure an unwarranted and unfair result, prize, or advantage.
22. Intellectual property rights
As used herein "Site Content" means any and all audio and visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs, animation, 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 PFR 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.
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.
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 PFR. The entire contents of this Site are copyrighted as a collective work under the United States copyright laws and are or may be protected under United States and worldwide copyrights which are licensed or owned, in whole or in part, by PFR or which are otherwise used with the express permission of their respective owners. PFR 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, 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. Ű 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.
PFR is not affiliated with or endorsed by the NFR, PRCA, 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 may, even if not so indicated, are the service mark, trademark, or registered trademark of that respective entity or individual.
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
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 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 may distribute (but not be the publisher of) content supplied by third parties and other Contestants. PFR 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 PFR. PFR does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. PFR does not endorse nor is it responsible for the accuracy or reliability of any third party and PFR is not liable for any loss or damage caused by a Contestant's reliance on such information.
PFR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTESTANTS OR THIRD-PARTIES.
27. Links and Advertising
PFR'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 PFR 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. PFR does not control such linked web sites and is not liable or responsible for content therein. Additionally, PFR'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. PFR does not make any representation regarding the content or practices of these third party web sites. PFR does not control such advertising. Neither PFR 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 with any advertisements or third party web sites. Contestants are solely responsible for any charges or obligations incurred as a result of any dealings with such web site operators or advertisers.
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
No software is complete or error free. PFR does not guarantee the accuracy, completeness, correct sequencing or timeliness of any information on the Site. PFR 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 PFR by e-mail at email@example.com. Contestants who become aware of errors or incompleteness are prohibited from taking any advantage whatsoever of that error or incompleteness. PFR 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.
29. Typographical errors
PFR is not responsible for typographical, statistical, printing, transaction, electronic, 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, the official rules, other materials relating to the promotion, the selection and announcement of winners or distribution of prizes.
30. Internet/Technology Problems
Neither PFR nor any released party is responsible 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 PFR's control which corrupts or affects the administration, fairness, integrity, security or proper conduct of the contest.
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
CONTESTANTS EXPRESSLY AGREE THAT USE OF THE SITE IS AT CONTESTANT'S SOLE RISK. PFR DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE 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. 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 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.
All notices given by PFR, except notices of winning, shall be sent to a Contestant's e-mail or physical address. Contestants may give notice to PFR by sending an e-mail to firstname.lastname@example.org or by writing to:
Pro Fantasy Rodeo
116A West 3rd Street
La Junta, CO 81050
33. Customer Service
Customer Service representatives can be reached by telephone at 1-866-274-0180. If no representative is available to personally handle your call, please leave a detailed message.
34. Governing Law
This Contest and any dispute is governed by the laws of the State of Colorado, 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 controversies or claims, regardless of the grounds upon which such claim is brought, shall be settled by binding arbitration conducted by an independent arbitrator and administered by the American Arbitration Association Commercial Arbitration Rules then in effect. The arbitration shall take place in Colorado Springs, Colorado.
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
By participating 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 PFR, 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, liabilities or damages of any kind and actions of any kind including legal fees incurred by you and arising out of, related to, or in connection with your 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. Neither PFR nor any Released Party shall be liable for any direct, indirect, incidental, special, punitive or consequential damages.
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
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. You do not have the right to assign or transfer any rights or obligations under this agreement. 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 PFR, 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.
37. 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 decision of PFR, 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.
38. Entire Agreement
These Terms and any Rules constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties with respect to such subject matter.
The provisions of these Terms shall survive the rodeo, award of prizes, or termination of the Contest.
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.