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Terms Of UseELIGIBILITY THIS CONTEST IS SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS and is open to all legal residents who are natural persons, 18 years of age or older. If local laws stipulate an age of majority over 18 years of age, you must be, at the time of registration, that age of majority or older in order to participate. You must reside in the United States of America or Canada. HOWEVER, individuals in the following states, territories, provinces, possessions and commonwealths, regretfully, are INELIGIBLE to participate: ARIZONA, FLORIDA, IOWA, LOUISIANA, MARYLAND, MINNESOTA, MONTANA, NORTH DAKOTA, VERMONT, PUERTO RICO AND THE PROVINCE OF QUEBEC). However, participants in the aforementioned states, territories, provinces, possessions and commonwealths can participate in the BullBuzz Fantasy Game ("CONTEST"). Employees and immediate family members of BullBuzz, LLC, its sponsors, affiliates, subsidiaries, advertising and promotional agencies are not eligible to win prizes. If you do not meet the eligibility requirements of this section, then DO NOT enter this contest. It is your responsibility to ensure that you have the legal right to participate and comply with the laws of your jurisdiction. In addition to any other rights that it may have in law or equity, BullBuzz, LLC reserves the right to suspend or terminate the account (and terminate, withhold or revoke any prizes associated with such account) of any contest participant that does not meet the foregoing requirements. BullBuzz, LLC will NOT tolerate cheating or collusion. If BullBuzz, LLC determines that any participant cheated in any way, or practiced collusion, all involved parties will be removed from the competition, and will forfeit their entry fee and/or any prizes won. GAME OF SKILL This CONTEST is a game of skill. Prize winners are determined by the objective criteria listed below, rules, scores, and by the skill and knowledge of each participant using accurate and timely real-world data from authoritative sources. TERM This CONTEST begins on October 30, 2009, and ends on November 8, 2009. THIS CONTEST IS VOID WHERE PROHIBITED. ENTRY Entry in the CONTEST is available online only by completing the registration and entry form available at www.bullbuzz.com. Fees, charges and costs for entries are paid using MasterCard, VISA®, American Express, or Authorize.net and must be paid, received and accepted by 11:59 PM Central Time, October 29, 2009. BullBuzz, LLC reserves the right to cancel the CONTEST at any time prior to commencement of the first Round and provide the participants a full refund of their entry fees. FEES The first team will cost $69.95, and any additional teams created by the same player before the ENTRY DEADLINE ABOVE will cost $49.95 each. Teams can be created before and during the CONTEST. Teams created before the ENTRY DEADLINE ABOVE are eligible to compete and win prizes in all rounds as well as the Average, whereas teams created after the ENTRY DEADLINE ABOVE can compete only in the remaining rounds and cannot compete for the Average. Any team created after the ENTRY DEADLINE ABOVE will cost $19.95 multiplied by the number of rounds remaining. For example, if a team is registered after Round 5, it will be eligible to play in rounds 6, 7 and 8 so it will cost 3 x $19.95 = $59.85. The player may elect which round or rounds in which he wishes his team to compete. By entering the CONTEST, you agree to be solely responsible and liable for all such fees. PRIZES The Prizes are set forth in the Rounds & Prizes section on the BullBuzz.com website. RELEASE By participating in the CONTEST, you release and agree to hold harmless BullBuzz, LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the CONTEST or acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. PUBLICITY Unless otherwise prohibited by law, by entering the CONTEST you grant BullBuzz, LLC and its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies, the right to use and publish your name, image, photograph, likeness, voice, and prize information for advertising, publicity and promotional purposes online or otherwise. TAXES It is the sole responsibility of each winner to report and pay all applicable taxes and/or fees on prizes. Certain winners will receive a Federal 1099 form showing the value of the prize awarded. Canadian winners are subject to a withholding of a percentage of their prize pursuant to applicable law. TERMINATION BullBuzz, LLC may terminate or suspend your account and any and all services immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. NOTIFICATION Winners will be notified by email within thirty (30) days after the end date of the CONTEST as noted above. The results and Winners will also be posted on the website. All winners must return via email an "Affidavit of Eligibility" and a "Liability/Publicity Release before any prizes will be awarded (unless prohibited by law). Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. After 12 months, any unclaimed prize will be forfeited. Prizes will be paid by check and mailed by BullBuzz, LLC within thirty (30) days after eligibility and all of the foregoing requirements are verified by BullBuzz, LLC. DISCLAIMERS BullBuzz, LLC is not responsible for any late, lost, misdirected, incomplete, or damaged entries; any CONTEST disruptions, injuries, losses or damages caused by events beyond the control of BullBuzz, LLC or any grammatical mistakes or typographical errors in any materials associated with the CONTEST. BullBuzz, LLC or any subsidiary or affiliated company of any of the foregoing, are not in any way responsible or liable for any damage, loss or injury (including death) resulting from participation in the CONTEST and/or acceptance and use of any prize won. BullBuzz, LLC is solely responsible for enacting, administering, enforcing the rules, and maintaining the integrity of the CONTEST. Use of the website and participation in the CONTEST is at the participant's own risk. DISPUTES In case any dispute arises regarding any aspect of the CONTEST, the participant must mail a written complete explanation of the dispute to BullBuzz, LLC at:
BullBuzz, LLC The participant must include current contact information and a complete written description of the dispute. The participants agree that BullBuzz, LLC and its records shall be the final authority in resolving disputes. All decisions regarding disputes will be communicated by BullBuzz, LLC to the participant, in writing, and shall be final and binding. CONTEST SUSPENSION/TECHNICAL PROBLEMS In its discretion, BullBuzz, LLC reserves the right to change, suspend, cancel or modify the website or CONTEST, and may prevent or restrict access to the website or CONTEST, at any time and for any reason without notice to you and without any liability, if fraud, technical failure, unauthorized human intervention, governmental intervention, computer virus, bugs, acts of God, PBR work stoppage, or other causes or events beyond BullBuzz, LLC's control compromise the CONTEST'S fairness or integrity and/or corrupts or alters the administration and control of the CONTEST; or if the CONTEST and prizes to be awarded are challenged by any legal or regulatory authority. All such changes shall be posted online. BullBuzz, LLC is not responsible for any problem or technical malfunction of means of transmission/communication, computer online systems, servers, equipment or software, failure of any email or entry to be received on account of technical problems or web congestion, or any combination thereof, including any injury or damage to a participant's computer related to or resulting from participation in this CONTEST. CANCELLATIONS/REFUNDS NO REFUNDS WILL BE PERMITTED after the ENTRY DEADLINE above. Prior to the ENTRY DEADLINE, any participant may request a refund via email to ________@bullbuzz.com. Any request for refund must be submitted from the same email address which was used at the time of registration. If this email address is no longer active, additional verification may be required in BullBuzz, LLC's sole discretion. BullBuzz, LLC reserves the right to apply a $10.00 service charge to all canceled entries. Cancellation is final. Refunds will be credited to your credit card or sent to you by check at BullBuzz, LLC's sole discretion. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES IN NO EVENT WILL BULLBUZZ, LLC AND/OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL BULLBUZZ, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BULLBUZZ, LLC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. BULLBUZZ, LLC DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOVERNING LAW Without regard to any choice of law or conflict of law, this CONTEST and any dispute arising therefrom shall be governed by and construed in accordance with the laws of the State of Tennessee. The parties waive all rights to trial in any action or proceeding instituted in connection with this CONTEST and/or these Terms of Use. Any controversy or claim arising out of or relating to this CONTEST and/or these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Tennessee, in the City of Nashville. Any action at law or in equity arising out of or relating to this CONTEST or these Terms of Use and not subject to binding arbitration as set forth herein shall be filed, and that venue properly lies, only in state or federal courts located in Davidson County, Tennessee and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. GENERAL TERMS If any provision of these Terms of Use or Contest Rules shall be found unlawful, void or for any reason unenforceable, then that and only that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. CONSENT The use of this website and/or participation in the CONTEST constitutes your acknowledgment and agreement that you have read, understood, and agree to be bound by all of the Terms of Use, Contest Rules, and decision of BullBuzz, LLC, which shall be final and binding in all respects. ENTIRE AGREEMENT These Terms of Use and any rules set forth on the website constitute 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. |
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