Official Rules for ESPN Winner's Circle
ESPN Winner's Circle
TERMS OF USE
A. Overview of the Winner's Circle
1. ESPN Winner's Circle (the “Program”) is sponsored by ESPN/Starwave Partners, d/b/a ESPN Internet Venture (the “Sponsor”) and administered by ePrize, LLC (“Administrator”). Individuals can redeem points earned through the paid ESPN Fantasy Sports leagues or any other participating fantasy games for rewards available at http://espn.promo.eprize.com/rewards/ ("Website").
B. Redeeming Rewards Points
1. Individuals will receive an email within two (2) weeks after earning points through the paid ESPN Fantasy Sports leagues informing them that they have earned points ("Notification Email"). For all other fantasy games, Notification emails will be sent out within two (2) weeks following the conclusion of that program. Only individuals who receive a Notification Email are eligible to use the Program. This program is open to US residents only, with the exception of the World Cup games. Rewards redeemed will not be shipped to a location outside of the US. Specific State laws regarding the awarding of points and/or prizes will be followed accordingly.
2. Once an Individual has received a Notification Email, he/she will have thirty (30) days to visit the Website, login using his/her ESPN user ID and password, and follow the links and instructions to redeem his/her Winner Circle points for rewards available in both the General and League specific Champion sections of the Program. Champion Rewards will be fulfilled within a 6 - 8 week period following the completion of that particular Champion section. All other rewards will be fulfilled within a 4 - 6 week period from the date of the specific order. After thirty (30) days, points can only be redeemed for products available in the General section of the Program.
3. If you have not participated in one of the participating paid ESPN Fantasy Sports leagues or any other participating fantasy games, or redeemed a reward within eighteen (18) months then your account will become inactive and your Winner's Circle points will expire.
4. Products cannot be returned or exchanged once points have been redeemed.
C. Program Timing
1. The Program will be available beginning October 8, 2008 at 12:00 a.m. Eastern Time ("ET") and is scheduled to end at 11:59 p.m. ET on December 31, 2010, but Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time.
D. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms of Use set forth herein, with or without notice, including, but not limited to, the items that may be redeemed through the Program, as well as their corresponding Winner's Circle point values, at any time for any reason, even though these changes may affect an individual's ability to use his/her Winner's Circle points.
2. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with or without notice, even though termination may affect an individual's ability to use his/her Winner's Circle points.
3. Redemption of Winner's Circle points constitutes an individual's acceptance of any changes to these Terms of Use. Members are responsible for remaining knowledgeable about any changes that Sponsor may make to these Terms of Use. The most current version of these Terms of Use will be available at http://espn.promo.eprize.com/rewards/ and will supersede all previous versions of these Terms of Use.
E. Limitations of Liability
1. By redeeming Winner's Circle points for rewards in the Program, individuals acknowledge that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by an individual, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN INDIVIDUAL ANY REWARD, LIABILITY WILL BE LIMITED TO THE VALUE OF THE REWARD. BY REDEEMING WINNER'S CIRCLE POINTS THROUGH THE PROGRAM, AN INDIVIDUAL WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered on the partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REWARDS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
2. As a condition of redeeming Winner's Circle points through the Program, Individuals agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Program and its Website or any rewards awarded only, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (ii) any and all disputes, claims and causes of action arising out of or connected with the paid ESPN Fantasy Sports leagues other than those pertaining to the Program, shall be resolved individually, without resort to any form of class action and exclusively by the state or federal courts of the State of New York, County of New York (i.e., Manhattan), and only in such courts (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program but in no event attorneys' fees; and (iv) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
3. Release: By redeeming Winner's Circle points through the Program, individuals agree to release and hold harmless Sponsor, Administrator, and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Program or resulting directly or indirectly, from acceptance, possession, use, or misuse of any reward given in connection with the Program, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
F. General Terms of Use
1. To learn how the personal information collected in connection with the Program may be used, individuals should read Sponsor's Privacy Policy, which is available at http://disney.go.com/corporate/privacy/pp_espn.html.
2. Sponsor reserves the right to discontinue the participation privileges of any individual who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms of Use or any federal, state, or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Winner's Circle points. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. Winner's Circle points do not constitute property and may be revoked by Sponsor at any time as set forth herein. Winner's Circle points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
4. Sponsor is not responsible for any incorrect or inaccurate information supplied by Individuals.
5. Individuals may not combine or transfer Winner's Circle points with other individuals in order to redeem them for products.
6. These Terms of Use constitute the entire agreement between Sponsor and individuals pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
7. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.
G. Sponsor and Administrator
1. Sponsor: ESPN/Starwave Partners, d/b/a ESPN Internet Venture, 605 3rd Avenue, 8th Floor, New York, NY 10158.
2. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
