Additional Terms for Paid Entry Contests

 

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with the terms in this section.

 

1. ELIGIBILITY. You must be at least 18 years of age to use your User Account to participate in PECs and to win prizes offered by the Services. In jurisdictions, territories, and locations where the minimum age to participate in a PEC is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents of Alaska and Arizona, (the “Excluded States”) are ineligible to participate in PECs awarding prizes. ”Authorized Account Holder” is defined as the natural person 18 years of age or older assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address submitted to register for a User Account. By inputting a payment method to participate in PECs, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method associated with that User Account. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder. It shall also be a violation of these Terms of Use to allow any other person to use your User Account to participate in any PEC. SCN employees may use the Service and participate in PECs for the purpose of testing the user experience, but may not win money or prizes. SCN consultants or promoters of the Service may participate in PECs without such limitation, but only if (i) their arrangement with SCN does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service, and (ii) they do not receive any other competitive advantage in their play on the Service or in a PEC by virtue of their position as a SCN consultant or promoter.

2. PEC ENTRY. Users will be able to visit the Service and view the PECs. Each individual PEC that is not free to enter has an entry fee listed in U.S. dollars. When you select to participate in a PEC and complete the entry process, the listed amount of U.S. dollars will be debited from your User Account to pay the entry fee.

3. LEGALITY. You are subject to all laws of the jurisdiction in which you reside and from which you access the Services and you are solely responsible for obeying those laws. The PECs are void where prohibited by law. You agree SCN cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services or a PEC. SCN makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services or a PEC nor shall any person affiliated, or claiming affiliation, with SCN have authority to make any such representations or warranties. SCN reserves the right to monitor the location from which you access the Services or a PEC and to block access from any jurisdiction in which participation is unlawful or restricted.

4. REFUND POLICY. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting a PEC entry, the entry will be deemed submitted by the person in whose name the account was registered. In the event of a dispute regarding scores submitted to the PECs, the ruling and decision of SCN shall be final and binding in all respects.

5. CONTEST OF SKILL. PECs offered on the Service are contests of skill. Winners are determined by the objective criteria stated in each PEC’s deadline, rules, scoring and any other applicable documentation associated with the PEC. For each PEC, rules and criteria will be clearly displayed in the Contest lobby. These rules and criteria may include but are not limited to:

• SCN’s contact information as the PEC sponsor;

• An estimate of the number of players expected to participate in the Contest;

• The dates the Contest will run, and the date the winner will be determined;

• A description of the actions required to compete in the PEC (e.g., bowl one game, three games, etc.)

• The methods of determining the PEC winner

• Tie-breaking procedures

• Eligibility requirements to participate in the PEC

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Winners are determined based on the participants’ use of skill in the game of bowling to accumulate the highest game and/or series scores or other such forms of competition that may use a bowler’s scores.

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1. RULES AND CONDITIONS OF PARTICIPATION. By entering a PEC, entrants agree to be bound by these Terms and the decisions of SCN, which shall be final and binding in all respects. SCN, at its sole discretion, may disqualify any entrant from a PEC, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct SCN deems to be improper, unfair or otherwise adverse to the operation of the PEC or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:

• Violating the rules of the sport of bowling. All participants must adhere to the current rules of bowling, which are described in the United States Bowling Congress 2014-2015 Playing Rules, found here: http://www.bowl.com/Rules/Rules_Home/USBC_Playing_Rules . Violation of any rule of the sport of bowling

• Falsifying personal information required to enter a PEC or claim a prize;

• Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a PEC or claim a prize;

• Colluding with any other individual(s) or engaging in any type of syndicate play;

• Purposely bowling below the User’s ability in order to attain a lower league bowling average score in the most recent 60-day or 180-day period.

• Any violation of PEC rules or these Terms;

• Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;

• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Services or of any User for any purpose.

• Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;

• Tampering with the administration of a PEC or trying to in any way tamper with the computer programs or any security measure associated with a PEC; Obtaining other entrants information and spamming other entrants; or abusing the Services in any way.

• Attempting to enter any individual PEC more than one (1) time.

1. Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent SCN from pursuing criminal or civil proceedings in connection with such conduct.

2. SCN offers PECs to bowlers competing in organized leagues and SCN pre-approved USBC sanctioned tournaments. The PECs generally take place on a single day or week, but may also take place over longer periods of time (the “PEC Period”). Participants’ scores are tracked by the SCN Services; however, SCN may require the participants to comply with additional score verification steps, including but not limited to, requesting photographs of scores, requesting printouts of scores, requesting third-party verbal or written verification or signed declaration documents, and agreeing to use the Services’ location services.

3. By entering into a PEC or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless SCN, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the ” Released Parties “), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the PEC, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. SCN may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

4. SCN is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in a PEC), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a PEC; inability to access the Services, or any web pages that are part of or related to the Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or Services or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

5. SCN is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a PEC is not capable of running as originally planned, or if a PEC, computer application, or Services associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a PEC in accordance with these Terms or applicable PEC rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of SCN corrupts or affects the administration, security, fairness, integrity, or proper conduct of a PEC, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the PEC, and seek to determine the winner(s) in a fair and equitable manner, if possible, in the given circumstances, or to cancel the PEC and refund all entry fees if necessary.  If such cancellation, termination, modification or suspension occurs, notification will be posted on the Services.

6. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY PEC IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SCN RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. All entries become the property of SCN and will not be acknowledged or returned.

8. To be eligible to enter any PEC or receive any prize, the Authorized Account Holder may be required to provide SCN with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, SCN will, in its sole and absolute discretion, utilize certain information collected by SCN to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

9. Participation in each PEC must be made only as specified in these Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture.

10. Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any PEC or the Services. Winners agree to make themselves available to SCN for publicity, advertising, and promotion activities from the date of notification by SCN of their status as a potential winner and continuing until such time when SCN informs them that they no longer needed.

11. SCN reserves the right to move entrants from the PECs they have entered to substantially similar PECs in certain situations determined by SCN in its sole discretion.

12. PEC RESULTS AND PRIZES. After each PEC Period ends, the tentative winners are announced but remain subject to final verification. SCN uses an array of score validation and certification measures. Some measures are real-time and some occur after the PEC has ended. To the extent that SCN offers ‘live’ scores or statistics, all ‘live’ statistics and other information provided through the SCN Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our PECs. While SCN and the third parties used to provide the SCN Services use reasonable efforts to include accurate and up-to-date information, neither SCN nor its third party providers warrant or make any representations of any kind with respect to the information provided through the SCN Services and related information sources. SCN and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the SCN Services. SCN will only award prizes if a PEC is run. SCN reserves the right to cancel PECs at any time, for any reason, in our sole and absolute discretion. SCN will use reasonable efforts as and to the extent practicable under the circumstances to provide advance notice of cancellation to participants. In the event of a cancellation, all entry fees will be refunded to the participants, except as specifically provided in these Terms and any other rules for the affected PEC. The scoring results of a PEC will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in SCN’ sole discretion. In the event of a tie, the prize will be divided evenly between the tied players, unless otherwise specified.

13. The PEC prizes and maximum number of participants for each PEC are pre-determined by SCN in its sole discretion. Prize amounts are not calculated based on entry fees and do not vary based on the actual or registered number of entrants into the PEC.

• PEC prizes will be published with the creation of each new PEC. SCN reserves the right, in its sole discretion, to cancel or suspend the PECs (or any portion thereof) should any virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the PEC (or any portion thereof). We will use reasonable efforts as and to the extent practicable under the circumstances to provide advance notice to participants of cancellation or suspension for these reason and all entry fees will be refunded to the participants, except as specifically provided in these Terms.

• No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the PEC is challenged by any legal authority, SCN reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of a PEC winner, SCN is the sole judge and its actions are final and binding.

1. PAYMENT AND WITHDRAWAL OF PRIZES. The identities of PEC winners will be posted on the Services. Additionally, SCN will contact winners through the email address they provided to create their User Account.

• Entrants may withdraw their cash prize awards using the “Withdrawal” option on the Services. Entrant may also withdraw cash deposits by using the “Withdrawal” option on the Services. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to, a Driver’s License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by SCN in order to complete the Withdrawal of prizes. Failure to provide required information may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined that a PEC entrant did not comply with these Terms in any manner.

• Checks for Withdrawal requests are processed within 14 business days, and are sent via U.S. Mail or through email if echeck. Promotional deposits, credits, and other bonuses may not be withdrawn from a SCN account unless appropriate terms of the promotion are achieved first by the user.

 

1. TAXATION.   All federal, state, and local taxes associated with the receipt of any prize are the sole responsibility of the winner. .  All persons who receive $600 or more in prizes or other rewards during the same calendar year must provide address and social security details to: SCN, Inc. 1862 Auburn Road; Suite 118; Dacula, GA 30019.   These details will be used to file a 1099-MISC with the Internal Revenue Service.

 

INTELLECTUAL PROPERTY RIGHTS

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You acknowledge that all of the content on the Site and in the Application is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by SCN or its licensors, including Apple and Google. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are our intellectual property and proprietary and confidential information and our affiliates, licensors and suppliers. Except as expressly stated in these Terms, you are not granted any intellectual property rights in or to the Site or the Application by implication, estoppel or other legal theory, and we reserve all rights in and to the Site or the Application not expressly granted in these Terms.

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You acknowledge and agree that SCN®, XBOWLING®, XB LIVE™ and XBOWLING LIVE™ and their related logos and all related product and service names, design marks and slogans are trademarks and service marks (collectively, the “SCN Marks”) are owned by us, and acknowledge that some of the SCN Marks are registered in the U.S.. You are not authorized to use the SCN Marks in any advertising, publicity or in any other commercial manner without the prior written consent of SCN, which may be withheld for any or no reason. Without limiting the generality of the foregoing, you may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Site or Application without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the name, domain name or trademarks of SCN without the express written consent of SCN. Any unauthorized use terminates the permission or license granted by SCN.

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You and we acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not SCN, Apple or Google) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify us in writing of such a claim.

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Digital Millennium Copyright Act (“DMCA”) Policy

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SCN will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

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If you believe your copyright has been infringed, you should submit notice to:

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Copyright Agent
Sports Challenge Network
1862 Auburn Road, #118

Dacula, GA 30019

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Any such notice should include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted 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.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has 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.

6. 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 right that is allegedly infringed.

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If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

1. Your physical or electronic signature.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Georgia, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

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If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.

 

WARRANTY DISCLAIMERS

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THE SITE AND THE INFORMATION, SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE APPLICATION), PRODUCTS, SERVICES, CONTENTS, GRAPHICS, MERCHANDISE, REWARDS, DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE APPLICATION (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE, THE APPLICATION OR ITS CONTENTS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE AND THE APPLICATION. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE, THE APPLICATION AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE OR APPLICATION FEATURE, SOFTWARE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT WE SHALL BE UNDER NO OBLIGATION TO DO SO. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND APPLICATION OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT OR THE APPLICATION WITHOUT NOTICE OR LIABILITY.

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IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM SCN AT: info@xbowling.com.

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WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS (INCLUDING, WITHOUT LIMITATION, ALL MERCHANDISE OR OTHER REWARDS OFFERED VIA THE SITE OR THE APPLICATION) ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND SCN AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE CONTENTS AND ANY THIRD PARTY SERVICE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS AND ANY THIRD PARTY SERVICE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.

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LIMITATIONS OF LIABILITY

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCN OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH IN ANY WAY THE SITE, ITS CONTENTS, THE APPLICATION OR ANY THIRD PARTY SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR ANY OF THE TERMS OR CONDITIONS CONTAINED IN THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE APPLICATION.

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EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES

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If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you.  For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

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We are not liable or responsible for any delays or failure in performance of any part of the Site or the Application due to any cause beyond our control, including, without limitation, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

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You agree that SCN has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

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Any cause of action you may have with respect to your use of the Site or the Application must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.

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TERMINATION / RESTRICTION

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The licenses granted in these Terms are effective until termination. We reserve the right, in our sole discretion, to suspend the Site, the Social Features, the Application, or your use thereof, or terminate these Terms or your access to the Site and the related services (including, without limitation, the Social Features), the Application or any portion thereof at any time, without notice, for any reason, including, without limitation, for your violation of any of its provisions. The Intellectual Property Rights, Warranty Disclaimer, Limitations of Liability, Submissions, Indemnification and General sections of these Terms shall survive any such termination.

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INDEMNIFICATION

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You hereby agree to indemnify, defend and hold SCN and all its directors, officers, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys’ fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to SCN, (ii) any breach by you of these Terms, the App Store Terms or the Google Play Terms; (iii) your access to or use of the Application, Third Party Software or Third Party Services; (iv) your violation of law; (v) your negligence or willful misconduct; or (vi) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. You shall cooperate as fully as reasonably required in the defense of any claim. SCN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of SCN.

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In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Application for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Application, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

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PRODUCT CLAIMS

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You acknowledge that you (not SCN, Apple or Google) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify SCN of any third party claims relating to the Application of which you become aware. Furthermore, to the maximum extent permitted by applicable law, you hereby release SCN, Apple and Google from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

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NOTICE TO CALIFORNIA RESIDENTS

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Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Site is Sports Challenge Network, Inc., 1862 Aubrurn Road, #118, Dacula, GA 30019.  To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact SCN via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

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ARBITRATION AGREEMENT

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Initial Dispute Resolution

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We are available by email at [support@scnsports.com ] to address any concerns you may have regarding your use of the Sites or Application. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

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Binding Arbitration Agreement

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If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution Section above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

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The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267.  To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Waymark will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and SCN will make arrangements to pay all necessary fees directly to JAMS.  If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

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The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

Class Action Waiver

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The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

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Exception – Small Claims Court Claims

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Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

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30-Day Right to Opt Out

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You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: 1862 Auburn Road, #118, Dacula, Georgia 30019.. The notice must be sent within thirty (30) days of registering to use any of the Sites or the Application, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, SCN also will not be bound by them.

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Exclusive Venue for Litigation

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Atlanta, Georgia for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Atlanta, Georgia over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Sites or Application, and (b) any acts or omissions of SCN or any related entity or person in connection with these Terms or the Sites or Application.

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GENERAL

Unless otherwise expressly stated herein, these Terms (including the Privacy Policy and license agreements applicable to the Application) (i) constitute the entire agreement between you and us with respect to your use of the Site and the Application and (ii) supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. The headings of the sections of these Terms are for convenience only and have no legal or contractual effect. If any part of this agreement, including, but not limited to, the warranty disclaimers and liability limitations set forth above, is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder of the agreement shall continue in effect. Any notice to you in connection with this Agreement will be effective when we send it to the last email or physical address you gave us or posted on our Site. Any notice to us will be effective when delivered to us at our physical address, 1862 Auburn Road, Suite 118, Dacula, Georgia 30019, or any addresses as we may later post on the Site.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.

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The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The Site, the Application and the software used to provide the Site and the Application, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users: (1) only as Commercial Items, (2) with the same rights as all other end users, and (3) according to the Terms. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Sports Challenge Network, LLC, 1862 Auburn Road, Suite 118, Dacula, Georgia 30019.

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You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.

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None of this Agreement, your account or your obligations or rights hereunder may be transferred or assigned by you without our prior written consent, and any attempted assignment, transfer or other disposition by you in violation of this provision will be null, void and of no force and effect. We may freely assign this Agreement without your consent. This Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Apple, Google and their respective subsidiaries are express third party beneficiaries of these Terms and shall have the right to enforce these Terms against you in such capacity. Except as set forth in the preceding sentence, nothing contained in this License are intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Time is of the essence.

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[1] Apple is a trademark of Apple, Inc., registered in the U.S. and other countries.

[2] Google Play is a trademark of Google Inc.

[3] Android is a trademark of Google Inc.

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SPORTS CHALLENGE NETWORK, INC.

1862 Auburn Rd #118
Dacula, GA 30019
(678) 541-2525
support@scnsports.com