Terms of Service
The rules for the Football Playoff Predictions Sweepstakes are listed below after the Terms of Service.
Competitive Sports Analysis, LLC (“CSA”) collects, consolidates, and produces information pertaining to sporting events and the teams, players, and athletes that participate in the sporting events (the “Information”). CSA stores the Information in one or more databases (collectively, the “Database”) and provides the Information, or portions thereof, via its Internet website accessible at www.scoutpro.com (the “Website”) on a subscription basis to those persons who subscribe to use the Website and receive Information therefrom. This Terms of Service Agreement (the “Agreement”) constitutes a legal contract between you (the “Subscriber”) and CSA that governs your use of the Website and Database, and the Information of the Database provided to you via the Website.
BY USING THE WEBSITE, BY ACCESSING OR USING OR CONTINUING TO USE THE INFORMATION OF THE DATABASE PROVIDED BY CSA, OR BY CLICKING THE “AGREE” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN CLICK THE “DO NOT AGREE” BUTTON BELOW AND DO NOT USE, OR CONTINUE TO USE, THE WEBSITE OR INFORMATION OF THE DATABASE OF CSA.
Use of the Website and Information are provided on a subscription basis by CSA to Subscriber in accordance with the terms and conditions of this Agreement. CSA shall provide Subscriber with use of the Website and Information provided via the Website commencing on the date CSA grants access to the Website to Subscriber and extending for a period of one (1) calendar year thereafter (the “Subscription Period”), and Subscriber shall pay to CSA a fee as set forth on the Website on the date Subscriber agrees to this Agreement (the “Subscription Fee”) and shall abide by the terms and conditions of this Agreement (collectively, the “Subscription”). In connection with Subscriber’s Subscription, CSA may associate a user account and user account information with Subscriber (including, but not limited to, a Subscriber username and password) for use solely by Subscriber in accessing the Website and Information during the Subscription Period. The Subscription Fee and all information pertaining to the Subscription Fee on the Website are hereby incorporated into this Agreement by this reference as if set forth fully herein.
Subject to the terms of this Agreement, CSA grants to Subscriber a non-transferable, non-exclusive, worldwide, limited license during the Subscription Period to use the Website and Information of the Database provided to Subscriber solely for Subscriber’s own personal, non-commercial, lawful, entertainment purposes. Subscriber shall not use the Website or any Information of the Database for any other purpose, including without limitation, any commercial purpose, any non-entertainment related purpose, or any unlawful purpose such as, but not limited to, unlawful gambling activities. Subscriber shall not copy, reproduce, modify, alter, publish, distribute, disseminate, or otherwise provide any Information to any third party, or create any derivative work of any Information. Subscriber shall have no right to sublicense any of the rights granted to Subscriber under this Agreement to any other party. Any unauthorized use of the Website or of any Information of the Database shall constitute a breach of this Agreement.
Representations by Subscriber
Subscriber represents, warrants, and covenants that: (a) Subscriber shall use the Website and/or the Information of the Database only as permitted under this Agreement; (b) Subscriber shall not use, and shall not provide to any other party for use, the Information of the Database received from the Website for any purpose not permitted by this Agreement; (c) Subscriber shall not use or provide Information of the Database received from the Website for any unlawful purpose or any purpose that violates, misappropriates, or infringes the intellectual property or proprietary rights of a third party; (d) Subscriber shall not provide Subscriber’s username and/or password for the Website to any other person and shall not permit another person to utilize Subscriber’s username and/or password for the Website to access and/or use the Website; and (e) all information (including, but not limited to, Subscriber’s name, contact information, and payment information) provided by Subscriber to CSA is accurate and free from any errors, omissions, misrepresentations, misstatements, and falsehoods.
Reliance Upon Information
CSA consolidates the Information of the Database made available through the Website from a number of different sources. CSA also analyzes certain Information of the Database according to proprietary and non-proprietary processes in order to produce other Information of the Database. CSA provides the Information solely for use by Subscriber for Subscriber’s own non-commercial, lawful, entertainment purposes. While CSA endeavors to provide quality information, CSA cannot and does not control the accuracy or reliability of the Information and does not represent, warrant, or endorse the accuracy or reliability of such Information. Please be aware that such Information may be inaccurate, unreliable, or erroneous. Subscriber understands and acknowledges that any reliance upon any such Information shall be solely at Subscriber’s own risk. CSA shall not be responsible for any such Information, or any effects thereof, made accessible by or received from the Website. CSA reserves the right, in its sole discretion, to edit such Information to correct any inaccuracies, errors, or omissions of which CSA becomes aware and to add new Information, if any, to the Database; provided, however, that CSA shall have no obligation to investigate or make itself aware of any such inaccuracies, errors, or omissions, to so edit such Information, to notify Subscriber of edits to such Information, or to add new Information to the Database.
Confidentiality and Security
In connection with Subscriber’s use of the Website, Subscriber may provide to CSA certain information pertaining to Subscriber. Subscriber hereby agrees to allow CSA to appropriately disclose or provide such information as necessary for CSA to obtain payment of the Subscription Fee payable by Subscriber hereunder, to provide access to and/or use of the Website and/or the Information of the Database, or to comply with any law, regulation, ordinance, or government or court subpoena or request. Subscriber acknowledges and agrees that Subscriber shall have sole responsibility for the protection and non-disclosure of Subscriber’s user account information, including, but not limited to, Subscriber’s username and password for the Website, and that CSA shall not be responsible for the effect(s), if any, of Subscriber’s failure to maintain the confidentiality of such user account information. Subscriber further acknowledges and agrees that Subscriber shall not provide Subscriber’s user account information, including, but not limited to, Subscriber’s username and/or password for the Website to any other person, and Subscriber shall not engage, permit, or aid in the use of such account information in connection with concurrent access to and/or use of the Website.
CSA reserves the right to monitor, and may monitor at its sole discretion, Subscriber’s use of the Website, the Information of the Database made available to Subscriber via the Website, and/or the use of Subscriber’s account information (including, without limitation, Subscriber’s username and/or password for the Website) to access and/or use the Website. CSA may, at its sole discretion, immediately suspend or terminate Subscriber’s access to and use of the Website and the Information provided via the Website, the license granted to Subscriber hereunder, and/or this Agreement, as the case may be, for any use of the Website, Information, or Subscriber’s username and/or password for the Website that CSA deems inappropriate or in violation of this Agreement, without notice or liability.
Changes to Website
CSA may, at its sole discretion and at any time, change (i) the operation of the Website or any features or functionality thereof, (ii) processes utilized by CSA to analyze or produce Information, and/or (iii) Information provided by the Website.
Compliance with Laws and Regulations
Subscriber acknowledges that the use of the Information by Subscriber may be subject to the laws and regulations of the United States and of foreign countries or jurisdictions. Subscriber shall comply with all such laws and regulations with respect to the use of such Information, as the case may be. Subscriber shall be solely responsible for the use of such Information by Subscriber and for obtaining all necessary authorizations, approvals, and permits related thereto. CSA shall have no obligation to obtain any such authorizations, approvals, or permits related to such Information and shall have no liability for Subscriber’s failure to obtain such authorizations, approvals, or permits.
Subscriber acknowledges and agrees that the Website, in whole or in part, trademarks and service marks used on the Website, the Database, and the Information of the Database may be protected by the copyright, patent, trademark, trade secret or other laws of the United States, of its states, and/or of other countries, and that Subscriber will abide by any and all such laws in respect thereof. Subscriber further acknowledges and agrees that, as between CSA and Subscriber, CSA owns the entire right, title and interest in and to the Website, the Database, the Information of the Database, trademarks and service marks used on the Website, and any and all intellectual property rights associated with or pertaining to the foregoing. Subscriber agrees not to take any action which would damage the goodwill associated with the Website, with CSA, or with any trademarks or service marks of CSA or of other entities which are used by or are visible on the Website. Subscriber further agrees not to contest the validity or ownership of any intellectual property rights associated with the Website, the Database, the Information of the Database, or trademarks or service marks used on the Website.
Links to Other Websites
The Website may contain links and pointers to other World Wide Web Internet sites, resources, vendors, and manufacturers. Links to and from the Website to other third party sites do not constitute an endorsement by CSA of any such third party, of the websites of any such third party or their content, or of the products or services of or provided by any such third parties. CSA shall have no liability in connection with Subscriber’s use of the websites of any such third party, the content thereon, or of the products or services of any such third parties.
This Agreement is effective upon Subscriber’s clicking of the “Agree” button below and CSA’s grant of access to the Website to Subscriber. Once effective, this Agreement shall continue thereafter (a) for the Subscription Period or (b) until suspended, terminated, or amended by CSA in accordance herewith.
Termination by CSA
Without limiting other remedies, CSA may, at its sole discretion and at any time, issue a warning, temporarily suspend, indefinitely suspend or terminate Subscriber’s use of the Website (or any part thereof) or the provision of Information to Subscriber at its convenience or for any reason, including, without limitation: (a) Subscriber’s breach of this Agreement or any provision hereof; (b) Subscriber’s breach of any representation, warranty, or covenant made by Subscriber hereunder; (c) CSA’s inability to verify or authenticate any information provided by Subscriber to CSA; or (d) CSA’s belief that Subscriber’s actions or use of the Website or Information of the Database may constitute fraud, anti-competitive or unlawful practices, manipulation or interference with another party’s business, or may cause legal liability for Subscriber, CSA, or a third party.
Termination by Subscriber
Subscriber may terminate this Agreement and cancel Subscriber’s Subscription hereunder at any time within four (4) months after the date CSA grants Subscriber’s access to the Website (the “Termination Period”). In the event Subscriber elects to so terminate this Agreement and cancel Subscriber’s Subscription, Subscriber shall provide notice to CSA of such election within the Termination Period in accordance with the notice provisions of this Agreement set forth below or in accordance with termination/cancellation procedures made available for such purpose via the Website. Regardless of the method utilized to provide CSA with notice of Subscriber’s election to terminate this Agreement and cancel Subscriber’s Subscription, such notice shall not be effective unless actually received by CSA before expiration of the Termination Period. Subscriber shall have no right to terminate this Agreement or cancel Subscriber’s Subscription after the expiration of the Termination Period.
Refund of Subscription Fee
CSA shall refund the Subscription Fee paid to CSA by Subscriber in connection with Subscriber’s Subscription if Subscriber provides CSA with notice of Subscriber’s election to terminate this Agreement and cancel Subscriber’s Subscription, and CSA receives such notice, before expiration of the Termination Period. CSA shall have no obligation to refund Subscriber’s Subscription Fee, or any portion thereof, if CSA does not receive such notice before expiration of the Termination Period.
Subscriber agrees to indemnify, defend, and hold CSA, and all of its officers, directors, owners, members, agents, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, regulatory penalties, reasonable attorneys fees and costs incurred by the Indemnified Parties in connection with any claim, demand or suit by any third party due to or arising out of (a) Subscriber’s use of the Website or any Information received from the Website, (b) Subscriber’s violation of any law or the rights of a third party, or (c) any breach by Subscriber of this Agreement or provision thereof, including, but not limited to, any breach of Subscriber’s warranties, representations or acknowledgments herein. Subscriber shall cooperate as fully as reasonably required in the defense of any such claim, demand or suit. CSA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber and Subscriber shall not, in any event, settle any matter related hereto without the prior written consent of CSA.
THE WEBSITE AND ALL INFORMATION PROVIDED THERETHROUGH OR IN CONNECTION THEREWITH ARE MADE AVAILABLE AND ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY HEREIN, CSA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO: (a) THE WEBSITE OR INFORMATION MADE ACCESSIBLE BY THE WEBSITE OR PROVIDED BY CSA OR BY ANY THIRD PARTY IN CONNECTION WITH SUBSCRIBER’S USE OF THE WEBSITE; (b) THE AVAILABILITY OF OR CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE WEBSITE, INFORMATION, OR DATABASE; (c) ANY BREACH OF SECURITY ASSOCIATED WITH THE WEBSITE OR ANY LINKED WEBSITE. CSA HEREBY DISCLAIMS, TO THE FULLEST EXTENT OF APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY HEREIN, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-MISAPPROPRIATION, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CSA DOES NOT WARRANT THAT THE WEBSITE OR THAT THE INFORMATION, CONTENT, OR FUNCTIONS PROVIDED BY THE WEBSITE, WILL BE ACCURATE, ERROR FREE, OMISSION FREE, OR UNINTERRUPTED, OR THAT INACCURACIES, ERRORS, OMISSIONS, OR INTERRUPTIONS WILL BE CORRECTED.
Limitation of Liability
CSA’S CUMMULATIVE LIABILITY TO SUBSCRIBER OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, SUBSCRIBER’S USE OF THE WEBSITE, OR THE PROVISION OF INFORMATION BY CSA, SHALL NOT EXCEED THE SUBSCRIPTION FEE PAID BY SUBSCRIBER TO CSA FOR ACCESS TO THE WEBSITE OR FOR THE PROVISION OF INFORMATION TO SUBSCRIBER BY CSA. IN NO EVENT SHALL CSA BE LIABLE TO SUBSCRIBER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST EARNINGS, LOST SAVINGS, OR BUSINESS INTERRUPTION, EVEN IF CSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SUBSCRIBER.
Relationship Between Subscriber and CSA
Subscriber and CSA expressly agree that Subscriber and CSA are acting under this Agreement as independent contractors, and the relationship established under this Agreement or through Subscriber’s use of the Website or the Information provided by CSA shall not be construed as a partnership, teaming, joint venture, employer-employee, franchisor-franchisee, or other similar relationship. Neither Subscriber nor CSA is authorized to make any representations or create any obligation or liability, expressed or implied, on behalf of the other, except as may be expressly provided for in this Agreement. Subscriber and CSA acknowledge that the other is not bound by any representations, warranties, covenants, contracts, agreements, or understandings made by the other, or to which the other may be subject, that are inconsistent with any provision of this Agreement or with Subscriber’s use of the Website.
CSA may amend this Agreement at any time and all amended provisions shall automatically be effective thirty (30) days after initial posting of such amended provisions or notice thereof on the Website (the “Effective Date”). Subscriber’s continued access or use of the Website or continued use of the Information after the Effective Date shall constitute Subscriber’s agreement to and acceptance of such amended provisions. Access to and/or use of the Website and Information provided via the Website on or after the Effective Date shall be subject to this Agreement and all effective amended provisions thereof. No other amendment, change, modification, alteration, or addition to any provision of this Agreement, or the amended provisions thereof, shall be binding unless in writing and signed by Subscriber and CSA.
CSA does not guarantee continuous, uninterrupted or secure access to the Website or the Information of the Database, and does not guarantee that updates or additions to the Website or Information of the Database will be made. Further, the operation of and access to the Website may be affected by numerous factors outside of CSA’s control. CSA shall not be responsible or considered in breach of this Agreement for any delay or failure in the performance of any obligation of this Agreement or in connection with this Agreement to the extent that such failure or delay is caused by acts of God, fires, explosions, terrorism, labor disputes, accidents, civil disturbances, material shortages, or other similar causes beyond its reasonable control, even if such delay or failure is foreseeable.
Compliance with Laws
Subscriber shall comply with all applicable laws, statutes, regulations, ordinances, and codes regarding Subscriber’s use of the Website and the Information provided via the Website.
Choice of Laws
THE VALIDITY, CONSTRUCTION, AND ENFORCEMENT OF THIS AGREEMENT, AND THE DETERMINATION OF THE RIGHTS AND DUTIES OF SUBSCRIBER AND CSA, ARE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA OF THE UNITED STATES OF AMERICA (EXCLUDING ANY CHOICE OF LAW PRINCIPLE THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION). SUBSCRIBER HEREBY SUBMITS TO THE JURISDICTION OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA.
All notices required by or delivered in respect to this Agreement shall be made in writing, shall be delivered by registered or certified mail, return receipt requested, first class postage prepaid, and shall be deemed as received by the other on the date of actual receipt. Any such notices to CSA shall be addressed to: Competitive Sports Analysis, LLC, 3423 Piedmont Road NE, Suite 200, Atlanta, Georgia 30305. Any such notices to Subscriber shall be addressed to the address provided by Subscriber to CSA during Subscriber’s registration to use the Website.
This Agreement constitutes the entire agreement between Subscriber and CSA with respect to the subject matter hereof, and supersedes all prior discussions, statements or writings not a part of this Agreement or otherwise referenced in this Agreement. The failure of CSA to enforce any provision hereof or to take action against Subscriber in the event of any breach hereunder shall not be deemed a waiver by CSA as to subsequent enforcement of such provision or subsequent actions in the event of future breaches or a waiver of any other provision of this Agreement. Should any provision of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining provisions hereof. This Agreement is personal to Subscriber and is not assignable by Subscriber, in whole or in part. Provisions of this Agreement that require performance or continued compliance with after the expiration or termination of this Agreement, including, without limitation, those related to: use or ownership of the Website, Database, or Information; confidentiality; intellectual property; indemnification; disclaimer; limitation of liability; and, choice of law, shall survive any expiration or termination of this Agreement.
Warranty of Authority
Subscriber warrants that entering into this Agreement does not constitute a violation of any law, regulation, contract, or understanding applicable to Subscriber, and that Subscriber has the necessary authorization(s) and full legal capacity to enter into this Agreement.
COMPETITIVE SPORTS ANALYSIS
scoutPRO® FANTASY DRAFT CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
ELIGIBILITY: The Competitive Sports Analysis scoutPRO FANTASY DRAFT CONTEST (the "Contest") is open only to legal residents of the fifty (50) United States and District of Columbia who: (a) live in the United States or the District of Columbia; (b) are eighteen (18) years of age or older (except in the case of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry; and (c) have Internet access and a valid e-mail account as of August 2, 2013. Employees, officers, and directors (including immediate family members (regardless of where they reside) and members of the same household, whether or not related) of Competitive Sports Analysis (the "Sponsor"), affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate in the Contest or win a prize. All federal, state, and local laws and regulations apply. The Contest is void where prohibited or restricted by laws or regulations.
HOW TO ENTER: The Contest begins at 9:01 a.m. Eastern Time ("ET") on August 2, 2013 and ends at 5:01 p.m. ET on August 15, 2013 ("Entry Period"). All entries must be submitted online and no other method of entry will be accepted. Limit one (1) entry per person/e-mail address/household. In case of multiple entries received from any person, e-mail address or household, only the first entry received from such person, e-mail address or household shall be considered.
SELECTION OF WINNER: Entrants will select actions that they want to complete and gain a specific amount of points for doing so. The entrant who compiles the most points is the winner ("Winner"). In the event of a tie, Winner will be determined by a random drawing from the names of all entrants with the same number of points. The decisions of Sponsor are final and binding on all matters relating to this Contest. Winner will be selected on or about August 25th, 2013 . Winner does not have to be present at winner’s selection to win.
PRIZES: One (1) Breakout Prize will be awarded to Winner who will receive: two (2) tickets to attend one (1) Jacksonville Jaguars or San Francisco 49ers NFL Regular Season Home Game (the "Game") and passes to their fantasy football lounge (note: The 49ers fantasy football lounge will be opening in 2014). (Approximate retail value of Prize: $500). TRANSPORTATION TO/FROM THE GAME, LODGING, MEALS, GRATUTIES AND ALL OTHER COSTS AND EXPENSES RELATED TO ACCEPTING THE PRIZE ARE NOT INCLUDED AND ARE THE SOLE RESPONSIBILITY OF WINNER. Exact prize details, including but not limited to, game date and seat locations at the game, to be determined in sole discretion of Sponsor.
Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). Winner's companion must be of legal age of majority in companion’s jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. NFL game, event, and exhibition dates and times are determined in the sole discretion of the NFL and/or the applicable NFL franchise, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as the Prize will govern in the event a game, event, or exhibition is not played due to weather, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her companion agree to comply with all applicable stadium regulations in connection with the Prize and may be removed or denied entry if behave in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the game, event, or exhibition. Released Parties (as defined below) will not be responsible for acts of God, acts of terrorism, civil disturbances, or any other natural disaster or work stoppage or event outside of their control that may cause the cancellation or postponement of any NFL game, event, or exhibition.
PRIZE NOTIFICATION: Sponsor will reasonably attempt to notify the potential Winner by e-mail, telephone, and/or mail (in the sole discretion of Sponsor, as applicable) (the "Prize Notification"). If any potential Winner does not respond to any such Prize Notification within five (5) business days of the issuance of such notice, a disqualification will result, and the prize will be forfeited. At Sponsor's sole discretion and time permitting, an alternate potential Winner may be randomly selected from among all remaining eligible entries. The potential Winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized, and return an affidavit of eligibility and release of liability and, unless prohibited by law, consent to publicity, as provided by Sponsor, at the time of the response to the Prize Notification. Failure to submit identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules, or the return of any prize or Prize Notification as undeliverable may result in disqualification and prize forfeiture. At Sponsor's sole discretion and time permitting, an alternate potential Winner may be selected at and in a manner to be determined in Sponsor’s sole and absolute discretion. An individual is not a winner until he/she has complied with all of these Official Rules.
Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity, or proper operation of the Contest (or any portion thereof). In the event of cancellation of Contest, Sponsor may elect to identify a winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
Entries generated by a script, macro, or other mechanical or automated means shall be disqualified. In the event of dispute as to the identity or eligibility of any winner based on an e-mail address, the winning entry shall be declared made by the "Authorized Account Holder" of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
PUBLICITY: Unless prohibited by law, participation in the Contest constitutes each entrant’s consent for Sponsor to use the entrant’s name (or username), age, hometown, and state of residence for Contest or promotional purposes in any media now known or later developed, without payment or consideration to the entrant. Each entrant, as a condition of participation in the Contest, hereby grants Sponsor the perpetual, worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the photograph (including all material embodied therein) in any way or in any media now or hereafter known for trade, advertising, promotional, or other purposes as Sponsor determines, in its sole and absolute discretion, without further notice or compensation to the entrant or any other third parties.
PRIVACY: Sponsor will collect personal data from entrants when they enter the Contest, and this information will be used for the purposes of administering the Contest, publicizing the Contest, and other promotional purposes that benefit the Sponsor.
GENERAL CONDITIONS: By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sponsor regarding the Official Rules, which are final and legally binding in all respects. In the event that a prize cannot be awarded for any reason or a winner is not capable of redeeming a prize for any reason, Sponsor shall not be obligated to award any prize, and Sponsor reserves the right, in its sole and absolute discretion, whether or not to substitute a prize (or portion of a prize) with a prize of comparable or greater value or cash value. If, for any reason, more than the stated number of prizes are available and/or claimed, Sponsor reserves the right to award the prizes in such category by random drawing from among eligible prize claimants in such prize category or in a manner to be determined by Sponsor in its sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification. An individual is not a winner until he/she has fully complied with these Official Rules. No transfer, assignment, cash redemption, or substitution of a prize is permitted. Prizes are not exchangeable for cash, merchandise, or services.
GENERAL RELEASE AND WAIVER OF CLAIMS: By entering the Contest and/or accepting a prize, each entrant (for himself/herself and his/her heirs) hereby releases Sponsor and all of its parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Releasees”) from any and all liability, loss, harm, damage, cost, expense, or claims including, but not limited to, third party claims based on: (i) publicity and/or privacy rights, defamation, and intellectual property associated with the entrant or winner’s participation in the Contest, redemption of any prize in connection with the Contest, and/or use or misuse of any prize in connection with the Contest, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) anything related to the production, promotion, or execution of the Contest (or participation therein), including preemption, cancellation, or rescheduling; and (iii) anything that may occur in connection with acceptance and/or use of the prizes or while participating in the Contest, even if caused or contributed to by the negligence of Releasees.
LIMITATIONS OF LIABILITY: Neither Sponsor nor any other Releasee shall be responsible for lost, late, incomplete, stolen, misdirected, illegible, or incomplete entries (or any component thereof). Neither Sponsor nor any other Releasee shall be responsible for any incorrect or inaccurate information, whether caused by Sponsor, Releasees, or participant or by any computer, technical, or human error or malfunction that may occur in the processing or judging of entries, the administration of this Contest, or in the announcement of prizes. Neither Sponsor nor any other Releasee shall be responsible for tampering or any of the equipment or programming associated with or utilized in the Contest, and neither Sponsor nor any Releasee shall assume responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Contest, or for any damage to the entrant’s computer related to or resulting from participating in the Contest. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual found to be tampering with the entry process, the voting process, or the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent or apparent intent to annoy, abuse, threaten, embarrass, harm, or harass, in any way, any other person. If for any reason the Contest is not capable of running as planned by reason of, but not limited to, business or market circumstances, force majeure, public health concerns, tampering, unauthorized intervention, actions by entrants, fraud, or any other causes which, Sponsor in its sole and absolute discretion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or the Contest is otherwise not capable of running as planned, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, or suspend the Contest. If such malfunction, error, disruption, or damage occurs, and it impairs the administration, security, fairness, integrity, or proper play of the Contest, Sponsor may, in its sole and absolute discretion, suspend or terminate the Contest or any portion thereof by posting a notice on the Website, www.scoutpro.com. If the Contest or any portion of the Contest is terminated before the end of the Contest Period, Sponsor will select winners or the remaining winners from all eligible entries received as of the termination date of the Contest. IN NO EVENT WILL SPONSOR OR ANY RELEASEE BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE CONTEST, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
MISCELLANEOUS: Each entry is subject to verification by Sponsor. Acceptance of a prize constitutes permission for Sponsor and its designees to use participant’s name, photograph, image, likeness, and/or statement in any manner and in any medium for purposes of advertising and trade without additional compensation, authorization, or remuneration, except where prohibited by law. Entrants hereby waive any right to claim ambiguity in these Official Rules.
CHOICE OF LAW: This Contest will be administered in the State of Georgia, and by participating, all entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants and/or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflicts of law/choice of law doctrine of Georgia or any other jurisdiction, and all proceedings shall take place in the United States District Court for the Northern District of Georgia, or Georgia State Court located in Atlanta, Georgia. Entrants agree to the jurisdiction of such courts and waive any right to change of venue or any like right.
WINNER’S LIST: For a list of Winner (available after August 31st, 2013), mail a request and self-addressed stamped envelope to: CSA, 3423 Piedmont Road NE, Suite 200, Atlanta, GA 30305. Winner’s list requests must be received by Sponsor by September 29, 2013.
SPONSOR: The Sponsor of this Contest is Competitive Sports Analysis, LLC, 3423 Piedmont Road NE, Suite 200, Atlanta, GA 30305.
NATIONAL FOOTBALL LEAGUE and NFL are registered trademarks of the National Football League. The scoutPRO program and this Contest are not in any way endorsed by, sponsored by, or affiliated with, the National Football League.