ESPN Winner's Circle
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, 2014, 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
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.
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.
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.
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.
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.