PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THE BENGALS FIRST 50 (HEREAFTER REFERRED TO AS THE "PROGRAM"). YOU AGREE TO RECEIVE EMAILS FROM CINCINNATI BENGALS (HEARAFTER REFERED TO AS THE "COMPANY" OR "CINCINNATI BENGALS"), CINCINNATI BENGALS AND ITS PARTNERS, VENDORS OR AGENCIES ON BEHALF OF BENGALS FIRST 50. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, YOU CONSENT TO HAVING YOUR PERSONAL DATA TRANSFERRED TO AND PROCESSED IN THE UNITED STATES. THIS PROGRAM AND ITS SWEEPSTAKES, CONTEST, PRIZES, POINTS, INCENTIVES, UPGRADES AND/OR REWARDS ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC. OR FACEBOOK INC.
Release of Liability: By participating in the Program, including without limitation any contest or sweepstakes and/or accepting a prize, a participant/ winner agrees that the Company and its affiliated companies, Cincinnati Bengals, and all of their respective parents, promotion agents, officers, directors, shareholders, employees, representatives and contractors will have no liability whatsoever for, and will be held harmless by participant/winner for any liability for, injury, loss, or damages of any kind to persons (including death) and property (including damage to computers caused by bugs) due in whole or in part, directly or indirectly, from the acceptance, possession, use, or misuse of an incentive, reward, prize or entry or participation in the Program or any promotion, or participation in any promotion or prize related activity. Winners agree that the Company and/or Cincinnati Bengals or involved sponsors may use their names or likenesses for advertising and publicity purposes without additional compensation (except where prohibited). The Program site, promotions, contest and/or sweepstakes, incentives, games, polls, voting, trivia, and activities use third party connections and technology to account for entries, points, activity, feeds and more. By participating in any such event, you signify your agreement to all special terms set forth on the Cincinnati Bengals Properties applicable to the event as well as the terms of this Agreement. The Company, Cincinnati Bengals, and their affiliates, departments, promotion agents, officers, directors, shareholders, employees, representatives and contractors will be held harmless by participant/winner for a any liability, injury, loss or damage of any kind to the person and property that may result from these integrations including the loss, blockage or omission of points, activities, feeds and more that occur on the third party sites such as but not limited to Facebook, Twitter, Instagram and others. You understand and acknowledge that Company and Cincinnati Bengals are not responsible for such third party sites and that you are solely responsible for ensuring that your activities in connection with the Program comply with all terms and policies of such third party sites. Company and Cincinnati Bengals shall have no liability for any printing, production, typographical, mechanical or other errors in the Program summaries distributed by Company or its agents, for any delay or failure to credit Incentives, Rewards, Prize or Points or for any failure to provide Program Account summaries as outlined herein. Company reserves the right to invalidate Rewards, Incentives, Prizes, Points, Activities and Upgrades from a user’s Program Account without notice if it determines in its sole discretion that such activities were improperly credited to such user’s Program Account or were obtained fraudulently or otherwise in violation of these Terms. Users, by participating in the Program, are responsible for maintaining the confidentiality of individual user’s Program Accounts and password and for restricting access to user’s computer, and user agrees to accept responsibility for all activities that occur under user's Program Account or password. Without limiting any other remedies, Company may suspend or terminate any Program Account if Company suspects in its sole discretion that any user or other person has engaged in fraudulent activity in connection with this Program. Rewards, Points, Incentives, Tokens, or any Digital Content do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Rewards, Points, Incentives, Tokens, or any Digital Content are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated Rewards, Points, Incentives, Tokens or any Digital Content, other than by Company, is strictly prohibited. Any Rewards, Points, Incentives, Tokens or any Digital Content in which Company deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of the Programs Terms may be confiscated and/or canceled. Participation in the Program is subject to the Terms, as well as policies and procedures that Company may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by Company, any conduct detrimental to Company, or any misrepresentation or fraudulent activities in connection with this Program, or failure to act in a manner consistent with federal, state, or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Company in law or equity, in the termination of membership in the Program, as well as forfeiture of any Rewards, Incentive, Points, Prizes, Tokens or Digital Content accrued to date and any other benefits earned in connection therewith, in Company's sole discretion.
Changes to Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content is subject to modification or limitation at any time, with or without notice, in Company's sole discretion, including, without limitation, the right to establish additional means of accruing Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content the right to modify and delete any or all of the recognized means of accruing Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content existing at any given time, the right to change the availability and their values and types and the redemption terms, and the right to exclude specific types of transactions from eligibility.
Redeeming Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content. Subject to Company’s rights to add, delete, or otherwise make changes to the Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content as more fully expressed in the preceding Section, Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content may be redeemed or awarded for merchandise, gift cards, and other items of value (collectively, the "Rewards") found in the Program sections which is posted and, from time to time, updated in the Program website. Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content redeemed for Rewards will be subtracted from a member's account at the time the member requests a Reward. In the event a prize needs to be shipped each redeeming user is solely responsible for ensuring that their shipping address is correct in their Program Account profile prior to Reward redemption. Each redeeming user may be responsible for paying all shipping and handling charges for any Reward selected which is an electronic code of value for purchasing items on another website, as disclosed at the time of redemption. Otherwise, shipping and handling charges are included in the value required for Reward redemption. Company’s obligation regarding delivery of a Reward is satisfied upon shipment of the selected Reward to the address identified in the member’s Program Account profile as of the date of Reward redemption. Company is not responsible for lost or stolen Reward(s), Prize(s), Merchandise(s) or other Incentive(s) shipments and will be responsible for non-receipt of Rewards only for instances of shipment to an address different than the one in the user’s Program account profile as of the date of Reward redemption. Users must allow eight to ten weeks for shipment of a selected Reward. Unused Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content, and any portions thereof, may not be exchanged or redeemed for cash, or other goods and services. Once Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content have been redeemed for a Reward, they are no longer valid for any subsequent redemption and they may not be returned or refunded to a user’s Program Account for any reason. Refunds, exchanges and other issues are governed by the merchandise vendor's terms and conditions applicable to the particular Reward redeemed and are not the responsibility of Company. The availability of any Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content or items offered in the Program are subject to availability and may change at any time, without notice, in the sole discretion of Company. Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content or items offered may be available only in limited quantities and will be distributed on a first-come, first-served, random or other basis in conjunction with the related activity required to earn the Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content or items offered. Users should regularly consult the Program website for updates about Rewards, Points, Tokens, Incentives, Awards, Merchandise, Experiences, Prizes, Upgrades or Digital Content or other items offered availability.
The Cincinnati Bengals Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features, including but not limited to sweepstakes, contests, profiles, email, auctions, upgrades, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). By transmitting your Submitted Content via any Cincinnati Bengals Property, you grant, and represent and warrant that you have the right to grant, to Cincinnati Bengals and Cincinnati Bengals a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
Cincinnati Bengals and its third party providers ("Vendors") may not monitor, endorse, edit or screen your Submitted Content, although Cincinnati Bengals and its Vendors reserve the right to do so, and neither Cincinnati Bengals nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and your Submitted Content may be read, intercepted by others and widely accessible on the Internet and via other interactive media, and you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Cincinnati Bengals or between you and Cincinnati Bengals’s Vendors other than as expressly set forth in this Agreement. You acknowledge that Cincinnati Bengals is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or you have all necessary rights in it to submit it to Cincinnati Bengals under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Cincinnati Bengals determines, in Cincinnati Bengals's sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, Cincinnati Bengals reserves the right to (a) refuse to allow you to upload or otherwise transmit Submitted Content; (b) remove and delete your Submitted Content; (c) revoke your right to use any Community Features or other Cincinnati Bengals Properties; and/or (d) use any technological, legal, operational or other means available to Cincinnati Bengals to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on any Cincinnati Bengals Property.You are solely responsible for your interactions with other users of the Cincinnati Bengals Properties. You may use various features of certain Community Features to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Cincinnati Bengals Properties may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from the Cincinnati Bengals Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties do not constitute an endorsement by Cincinnati Bengals or any other Cincinnati Bengals or Cincinnati Bengals Entity of any such third party website or content. Cincinnati Bengals and Cincinnati Bengals is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third party website or location.
DISCLAIMER OF WARRANTIES USE OF THE CINCINNATI BENGALS PROPERTIES AND THE PROGRAM, SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES AND OTHER ACTIVITIES INCLUDING SERVICES INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY CINCINNATI BENGALS, THE Cincinnati Bengals AND/OR THE APPLICABLE VENDOR, THE CINCINNATI BENGALS PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PROGRAMS, SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES AND OTHER ACTIVITIES INCLUDING SERVICES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CINCINNATI BENGALS DOES NOT WARRANT THAT: (1) THE CINCINNATI BENGALS PROPERTIES OR ANY PROGRAMSS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE CINCINNATI BENGALS PROPERTIES, OR SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES AND OTHER ACTIVITIES INCLUDING SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE CINCINNATI BENGALS PROPERTIES, OR SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES AND OTHER ACTIVITIES INCLUDING SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE CINCINNATI BENGALS PROPERTIES, OR SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES AND OTHER ACTIVITIES INCLUDING SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
LIMITATIONS ON LIABILITY
- NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE CINCINNATI BENGALS PROPERTIES OR ANY ACT OR FAILURE TO ACT BY CINCINNATI BENGALS, THE CINCINNATI BENGALS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE CINCINNATI BENGALS PROPERTIES.
- IN NO EVENT SHALL CINCINNATI BENGALS OR ITS VENDORS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES AND OTHER ACTIVITIES INCLUDING SERVICES.
- IN NO EVENT SHALL CINCINNATI BENGALS, ANY OTHER CINCINNATI BENGALS ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE CINCINNATI BENGALS PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS, SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CINCINNATI BENGALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF CINCINNATI BENGALS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF CINCINNATI BENGALS, ANY OTHER CINCINNATI BENGALS ENTITY, CINCINNATI BENGALS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE CINCINNATI BENGALS PROPERTIES, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS, AUCTIONS, TICKETS, MERCHANDISE, SWEEPSTAKES, INCENTIVES, REWARDS, UPGRADES, GAMES OR SERVICES AVAILABLE THEREFROM, IS $50.
- IN NO EVENT SHALL CINCINNATI BENGALS OR ANY OTHER CINCINNATI BENGALS ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE CINCINNATI BENGALS PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the Cincinnati Bengals Entities, Vendors, Partners and Agencies associated with Cincinnati Bengals harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Cincinnati Bengals Properties, including but not limited to Sweepstakes, Incentives, Rewards, Upgrades, Games and other activities including services used, redeemed or purchased via the Cincinnati Bengals Properties; or (ii) any alleged breach of this Agreement by you. For purposes of this Agreement, the "Cincinnati Bengals Entities" shall mean Cincinnati Bengals and each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by or is under common control with the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
Cincinnati Bengals may change, suspend or discontinue any aspect of the Cincinnati Bengals Properties at any time, including the availability of any Sweepstakes, Incentives, Rewards, Upgrades, Games, Services, Merchandise, database or content. Cincinnati Bengals may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Cincinnati Bengals Properties without notice or liability at any time in Cincinnati Bengals's exclusive discretion, without prejudice to any legal or equitable remedies available to Cincinnati Bengals, for any reason or purpose, including, but not limited to, conduct that Cincinnati Bengals believes violates this Agreement or other policies or guidelines posted on the Cincinnati Bengals Properties or conduct which Cincinnati Bengals believes is harmful to other customers, to Cincinnati Bengals's business, the Cincinnati Bengals's business or to other information providers. In addition and without prejudice to any other remedy available to Cincinnati Bengals, Cincinnati Bengals may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Cincinnati Bengals in the Cincinnati Bengals Properties. This Agreement may also be immediately terminated at any time by Cincinnati Bengals in its sole discretion.
ARBITRATION; CONSENT TO JURISDICTION IN THE HEADQUARTER'S STATE OF Cincinnati Bengals; ATTORNEYS' FEES; TIME PERIOD LIMITATION FOR CLAIMS
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Cincinnati Bengals Properties (including all commercial transactions conducted through the Cincinnati Bengals Properties) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Cincinnati Bengals waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in the headquarter city of Cincinnati Bengals, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the headquarter's State of Cincinnati Bengals, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Cincinnati Bengals agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
- For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the headquarter's city of Cincinnati Bengals (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and Cincinnati Bengals waive any and all rights to trial by jury with respect to any Claims.
- In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under Section C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Cincinnati Bengals with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
CHOICE OF LAW
Any and all Claims arising out of or related to this Agreement or to your use of any product or service distributed by Cincinnati Bengals shall be governed by, and construed and interpreted in accordance with, the laws of the headquarter's State of Cincinnati Bengals, without regard to conflict of laws principles.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Cincinnati Bengals in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the Cincinnati Bengals Properties. Your use of the Cincinnati Bengals Properties after such amended Agreement is posted will constitute acceptance of it by you. Cincinnati Bengals may be required to notify you of certain events concerning the Cincinnati Bengals Properties and your use thereof, and your use of the Cincinnati Bengals Properties constitutes acceptance that such notices will be effective upon our posting them on the applicable Cincinnati Bengals Properties or, if we elect in our sole discretion, emailing you at an address you have provided to us. Disclaimer, Limitations on Liability, Termination, Arbitration, Choice of Law and Miscellaneous Sections of this Agreement will survive any termination or cancellation of this Agreement. Cincinnati Bengals's performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of Cincinnati Bengals's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Cincinnati Bengals Properties or information provided to or gathered by Cincinnati Bengals with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING A CINCINNATI BENGALS PROPERTY, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use any of the Cincinnati Bengals Properties. Cincinnati Bengals may change the terms of this Agreement at any time, and your use of a Cincinnati Bengals Property after such change is posted will mean that you accept such change.