TERMS AND CONDITIONS
ARBITRATION & CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any class-action litigation, and exclusively by final and binding arbitration under the rules of the American Arbitration Association; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.
Each party shall be responsible for its own legal fees.
Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant further waives all rights to have damages increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Loserball in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Maryland without regard to choice of law rules.
WINNERS LIST: Winner(s) will be posted on the website.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless Loserball, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
TERMINATION: This Agreement may be terminated by either party without notice at any time for any reason. The terms and conditions described herein shall survive any termination.
NO UNLAWFUL OR PROHIBITED USE: It is a condition of your access and use of the Website that you agree to not use the Website or Services for any purpose that is unlawful or is prohibited by these Terms of Use.
Content is provided to the general public for informational purposes only. While loserball.com uses reasonable efforts to include accurate and current Content, we make no representation or warranties regarding the availability, accuracy, or completeness of the Content.
Content may not be copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise transferred or exploited for any commercial purpose whatsoever without the prior written consent of loserball.com or as permitted by applicable law.
You are solely responsible for all information, data, text photographs, graphics, messages or other materials (“User Content”) that you submit to the Website, including, without limitation, via our forms or email. The following are examples of the kind of User Content and/or uses of the Website that are illegal and/or prohibited by loserball.com, and you agree to not use the Website or Services to:
a. Email or submit any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to submit under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Nobl9, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Nobl9 or its users to any harm or liability of any type;
b. Copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any Content from the Website without loserball.com’s prior express written permission;
c. Otherwise commercialize or attempt to commercialize any loserball.com application, information, or software;
d. Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. Violate any applicable local, state, national or international law, or any regulations having the force of law;
f. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g. Solicit personal information from anyone;
h. Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
i. Advertise or offer to sell or buy any goods or Website for any business purpose;
j. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
k. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website and the Services to which you are subscribed;
l. Disrupt, modify or interfere with the proper working of the Website, or any code, software, hardware, or servers associated with the Website;
m. Take any action that impedes or interferes with others’ access and use of the Website or Services; or
n. Delete or alter any information or materials, including Content, on or associated with the Website and/or Services.
Loserball.com reserves the right to investigate and take appropriate legal action against anyone who, in loserball.com’s sole discretion, violates these provisions, including, without limitation, reporting such person to the law enforcement authorities.
MISCELLANEOUS: This Agreement shall all be governed and construed in accordance with the laws of the State of Maryland, applicable to agreements made and to be performed in Maryland. You agree that any legal action or proceeding between Loserball and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maryland. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Loserball's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Loserball may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
For additional information, contact Loserball at info@loserball.com.