OFFICIAL RULES: Website and viewing of the games available for entry (the “the contests”) are available for all eligible users to view. Easy Streak, LLC offers contests for multiple events. All individual contests are free to enter, some contests require tokens and are indicated as such contests. Tokens are provided free of charge and do not have any value other than to be used to participate in contests offered by Easy Streak and are a complimentary service to fans who subscribe.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW
In order to participate in the Services offered by the Website, you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. We are required by law to report all prizes paid out and will provide a 1099 Misc at the end of the year to you detailing what prizes were awarded to you to the IRS. MAKES SURE TO CLAIM ALL PRIZES, CASH AND ALL OTHER PRIZES AT THEIR FAIR MARKET VALUE (FMV) WHEN YOU FILE YOUR TAXES FOR THE YEAR.
Easy Streak employees may participate in the Services offered and will do so for the purpose of testing the Website user experience, socializing with customers to build community and other reasonable and fair uses at the discretion of Easy Streak. Such employees may not be awarded money or prizes. Easy Streak consultants and/or promoters may participate in the Services without such limitation if their arrangement with Easy Streak does not permit them to have any access to non-public data or any other data not made available to all contestants, and if they do not receive any other advantages during their participation in the Services.
Athletes, coaches, team owners, team management or support staff may not participate in any Easy Streak contest in any sports with which they are associated. This includes any referees, league employees, sports commissioners, or any individual who may have employment or an ownership interest in a sport or sports that would allow them to influence the contest.
If you do not meet the eligibility requirements outlined in this section, you are not authorized to participate in the Services. Prior to receiving a prize, Easy Streak may require that you submit proof of eligibility according to this section and this includes requesting that you complete an affidavit of eligibility. Should this be requested of you and not completed within 5 days, or should Easy Streak determine that you do not meet the eligibility requirements outlined in this section, in addition to any rights that Easy Streak may have in law or equity, Easy Streak reserves the right to terminate your account and withhold or revoke the awarding of any associated prizes. In the aforementioned situation, Easy Streak would award any withheld or revoked prizes to the other contestants in such contest in a manner consistent with the prize structure of the contest at the sole discretion of Easy Streak.
Easy Streak provides a subscription service that provides sports content delivered to its subscribers and provides contests to its subscribers and non-subscribers to play free of charge. Subscription to Easy Streak’s service does not entitle or guarantee subscribers any prizes that may be provided as giveaways in contests or promotions on Easy Streak’s website. By signing up for a subscription to Easy Streak, you consent to receive electronic communications and newsletters from Easy Streak. These communications may involve emails, in-app messaging, and/or push notifications. Your membership will continue week-to-week until your membership is canceled or Easy Streak terminates your membership. You must have a valid accepted method of payment to use the Easy Streak subscription service. Easy Streak will bill the fee for the weekly membership to your Payment Method. You must cancel your membership before the subscription is renewed for the following week to avoid billing for the next week. By signing up for the Easy Streak subscription service, you acknowledge that different amounts may be billed based on promotions, different tiers of subscription that you choose, and adding a plan in which you authorize us to bill your Payment Method, all of which may be billed in multiple charges. The membership fee for the subscription service will be billed at the beginning of the paying portion of your membership and each subsequent week thereafter until your membership is canceled or Easy Streak terminates your membership. Membership fees are fully earned upon payment. We reserve the right to change payment period times at our sole discretion. Your renewal date may change based on changes to your membership.
We reserve the right to change or adjust the pricing of our service and any other aspect in any way at any time as Easy Streak determines fit at our sole and absolute discretion. Except as otherwise specified in these terms, any price changes will take effect following Easy Streak notifying you of changes through email for the following billing cycle.
ALTERNATE METHOD OF ENTRY
As a courtesy to subscribers of our content you receive tokens automatically every week, if you do not wish to subscribe to our sports content and still want to enter a contests, you may request to play, by mailing in a legibly handwritten, self-addressed, stamped envelope (lhsas) request to easy streak 200 Spectrum Center Dr, Irvine, CA 92618 with sufficient postage, return address, including username entered on the Easy Streak website, email address, first and last name, street address, city, state, and zip code for tokens every week you wish to play. the envelope must include a return address in the upper left-hand corner that matches the requestor’s street address. upon receiving the mail in request easy streak will credit the user’s account as designated in the request for the following week if received within 2 business days of the weekend. if received after the cut-off time, easy streak reserves the right to deliver and credit the account for the following week. requests that are sent in business reply envelopes, that utilize address labels and/or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with the Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes. when you select to participate in a contest and complete the entry process, the listed amount of tokens will be debited from your easy streak account. you would then follow the instructions provided and utilize the links provided in order to complete the entry process. in the event of a dispute regarding the entrant’s identity, the entry will be deemed submitted by the person to whom the username belongs. if possession of the username is also contested and is ambiguous in opinion and at the sole discretion of easy streak, the entry will be deemed submitted by the person whose name is on the email address as on file with the email service provider. should easy streak discern that an individual did not submit the winning entry, at its sole discretion, easy streak reserves the right not to award a prize to said individual.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following the cancellation, you will have access to our service through the end of your billing cycle including tokens that may be showing on your profile screen. It is Easy Streak’s sole and complete discretion to offer for any reason at any time refunds, discounts or other consideration to few or all of Easy Streak’s members.
CONDITIONS OF PARTICIPATION
To participate in the Services offered by the Website and to enter a Contest, you must register for an account; in doing so, you must provide a valid email address and a unique Username and Password to be used when signing into your account on the Website or utilize the Facebook Login option. Your Username may not be one that Easy Streak considers offensive, and it may not promote any commercial venture. When registering for an account, you agree to provide and maintain current and accurate information about yourself at the time of registration (the “Registration Data”). Easy Streak can and will request current Registration Data from you, and you must provide this information upon request. You also must notify us immediately when that information changes. If you provide inaccurate or incomplete data, or if Easy Streak has reasonable grounds to suspect that such information is so, Easy Streak may terminate your account at its sole discretion.
Only one user profile is allowed per person to participate in the Services offered on the Website. If Easy Streak discovers that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that Easy Streak may have, Easy Streak reserves the right to suspend and/or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.
Upon registration, you agree to be bound by these Rules and the decisions of Easy Streak, which are final and binding in all matters. Easy Streak, at its sole discretion, may deny access or block any transaction made using your account without prior notice if we believe your account is being used in an unauthorized manner. Easy Streak may change your Username or require that you change your Username. Easy Streak may also, at its sole discretion, disqualify any user from a Contest, refuse to award prizes or require the return of any prizes, if the user engages in conduct that we deem improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other users. Improper conduct includes, but is not limited to:
- Falsifying personal information required to enter a Contest or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other entrants’ information and spamming other entrants; or
- Abusing the Website in any way.
Users also acknowledge that the forfeiture and/or return of any prize shall in no way prevent Easy Streak from pursuing criminal or civil proceedings in connection with such conduct.
By entering Contest(s) or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Easy Streak, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize-related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Easy Streak may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout. All entries become the property of Easy Streak and will not be acknowledged or returned.
Easy Streak is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EASY STREAK RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide Easy Streak with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, Easy Streak will, in its sole and absolute discretion, utilize certain information collected by Easy Streak to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by Easy Streak of their status as a potential winner and continuing until such time when Easy Streak informs them that they no longer need to do so that they will make themselves available to Easy Streak for publicity, advertising, and promotion activities.
Easy Streak reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by Easy Streak in its sole discretion.
STRUCTURE OF CHARITY PROMOTIONS
Easy Streak, LLC offers charities the ability to use our platform to raise funds. for these contests, the above rules (“Official Rules”) generally apply to the contests hosted on the site for charity promotions. if there are additional rules (“Promotional Rules”) for any specific contests related to the charity, they will be posted and will reference the specific contests on the website. if, for whatever reason, there is a conflict between the Official Rules and the additional Promotional Rules, the Promotional Rules will supersede and govern the Official Rules.
As a condition of use, you promise not to use the Services for any unlawful purpose or for any purpose that is prohibited by these Terms, or any other purpose not reasonably intended by Easy Streak. As an example and not as a limitation, you agree not to:
- Abuse, harass, impersonate, intimidate, or threaten any other Easy Streak users
- Post or transmit, or cause to be posted or transmitted, any Contest that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- Use the Service for any unauthorized purpose or in violation of any applicable law, including intellectual property laws;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the password, account, or private information from any Easy Streak user.
CONTEST PRIZES AND PROMOTIONS
For the various Contests offered by Easy Streak, we announce the tokens required for entry, if any in advance on the contest page. For a summary of contest requiring tokens and prizes for currently open contests, log in to your account on Easy Streak on the Website and go to the main lobby page.
Winners are generally posted on the Website at the conclusion of each Contest, and prizes will be awarded by 12:00 NOON EST on the following day except in cases of technical failure or when technical failure or other reasons prevent such timely payout. Winners may be requested via email or regular mail to return an affidavit of eligibility, a publicity agreement, and/or appropriate tax forms by a specified deadline. Failure to comply with this requirement may result in disqualification. Any prize notification returned to Easy Streak as undeliverable may result in the winner’s disqualification and the subsequent selection of an alternate winner. At the end of each contest, the tentative winners are announced but remain subject to final verification. The individuals in each Contest who fulfill all eligibility requirements and comply with all applicable rules may win the prizes as outlined in the posted details of such Contest. Prize calculations are based on the results as of the time when final scoring is tabulated by Easy Streak. Contest prizes are listed in Easy Streak’s prize table list. Prizes won are added to EACH winner’s account. In the event of a tie for individual contests or the monthly prizes awarded based on the leaderboard ranking, the prize money or the FMV of the prizes being offered will be split evenly among those who have tied the contest. In the event that you win a contest you will have the option to receive the prize stated or the FMV stated on the website, unless the contest results in a tie, in which case the FMV will be split evenly among fans who have tied.
Once winners are initially announced by Easy Streak, the scoring results will not be changed based on official adjustments made by professional sports leagues. However, Easy Streak reserves the right to make adjustments as they see fit based on errors or irregularities in the transmission of the results information or in the calculation of the results. Easy Streak has no obligation to delay the awarding of a prize in the anticipation of any such adjustment, and Easy Streak reserves the right to reverse payments in the event of any such adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted (except for electing the FMV of a prize). All taxes associated with the receipt or uses of any prize are the sole responsibility of the winner. Should the awarding of any Contest prizes to winners be challenged by any legal authority, Easy Streak reserves the right in its sole discretion to determine whether or not to award prizes or make adjustments to the prizes. In all disputes arising out of the determination of the winner of any Contests offered on the Website, Easy Streak is the sole judge and its actions are final and binding.
As subject to the applicable rules and posted details of each contest, should a Contest result in a tie, the prize is divided evenly between the tied players unless otherwise specified.
Prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotion’s Rules before participating.
In regards to taxation, in early January of each year, all winners who have won at least $600 in prizes (net of all entry fees) over the previous year must provide updated address and social security details to Easy Streak P.O. Box 18175 Irvine, CA 92623. These details will be used to file a 1099-MISC with the Internal Revenue Service.
OTHER LEGAL RESTRICTIONS
CONTEST OF SKILL
Easy Streak offers Contests of skill. Winners are determined by the objective criteria described in the Contests’ rules, see the “How To Play” section on the website. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant information to accumulate the most points according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling.
CONTEST STATISTICS AND LIVE SCORING
To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the Easy Streak Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and they are not used to determine the results of our Contests. While Easy Streak and the third parties used to provide the Easy Streak Services use reasonable efforts to include accurate and up-to-date information, neither Easy Streak nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Easy Streak Website and related information sources. Easy Streak and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Easy Streak Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Easy Streak sole discretion.
Contest prize payouts will be published upon the creation of each new contest and may be updated at any time. Easy Streak reserves the right, in its sole discretion, to cancel or suspend the Contests (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) warrant doing so. Notification of such changes may be provided by Easy Streak to its customers but will not be required.
PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted on the Website.
Any withdrawal requests, after approved by Easy Streak, will be through PayPal to your PayPal account or a check. Checks are processed within 14 business days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from an Easy Streak account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Easy Streak reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prizes is permitted, except that Easy Streak reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
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, THE COMPANY, 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. THE COMPANY 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 MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to Easy Streak, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Easy Streak reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Easy Streak, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information were part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of Easy Streak, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to Easy Streak, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to Easy Streak the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
ARBITRATION, CONSENT TO JURISDICTION IN CALIFORNIA, ATTORNEY’S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (“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 EASY STREAK WAIVE ALL RIGHTS TO A TRIAL BY JURY OR JUDGE IN ANY ACTION OR PROCEEDING INVOLVING ANY CLAIM HEREUNDER INCLUDING ANY CLASS ACTION. The arbitration shall be held in Los Angeles County, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the California, 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 Easy Streak 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: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Los Angeles County, California (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; (b) you and Easy Streak 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 this Section 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.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Easy Streak or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the Easy Streak website shall not be responsible or liable for the Easy Streak website or any of the content, software, or functions made available on, or accessed through, or sent from, the Easy Streak website.
EASY STREAK AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF EASY STREAK IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES, AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
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