1.1 The GSN Points Program (the “Program”) is a paperless, electronic customer loyalty program operated by or on behalf of Game Show Network, LLC (“GSN”). The Program provides registered members of the GSNTV “App” or “Website” (as defined below) (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Awards” as set forth below. These Terms and Conditions govern the Program. Please read these Terms and Conditions carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms GSN or any other person or entity, as determined by GSN in its sole discretion.
2.1 The Program is open only to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are registered members of GSNTV.com(the “Website”), or the GSNTV Application (the “App”) and who are 13 years of age or older as of the time of participation. Any person whose access to the Website and/or any other affiliated entity (e.g. Worldwinner.com or GSN.com) has been terminated or suspended by GSN are NOT eligible to participate in the Program. To become a registered member of the Website (registration is free), go to the Website, or the GSNTV App and submit the information requested on the registration page and confirm your agreement to the GSNTV Terms of Service, which include these Terms and Conditions by reference. For the sake of completeness, the Website’s Terms of Service, located at http://GSNTV.com/terms-of-service/ are incorporated herein by this reference. Once you complete and submit all the registration information, you will be automatically registered as a member of GSNTV.com, and a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. GSN may, at any time, require you to verify your name and address by means of faxing or mailing to GSN a copy of your driver’s license, passport or other form of identification approved by GSN, in addition to providing GSN with a signed statement of legitimacy; and GSN may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all “Points” (as defined herein) in your Account may be forfeited, and GSN may, at its sole discretion, terminate your membership and permanently ban you from using the Website and/or any other GSN service. Members who are under the age of 18 may be subject to redemption restrictions that do not generally apply to how Points are redeemed. Officers, directors and employees of GSN and its parents, members, subsidiaries, divisions and affiliates, (collectively, “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Awards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. GSN reserves the right to impose additional eligibility restrictions in connection with the Program, any Points earning opportunity or any use of or redemption opportunities available for the Points at any time, in its sole discretion. Additional or different eligibility criteria may apply to certain opportunities to earn Points and other invitations made by the Program Entities or their business partners. Limit one (1) Account per person. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by GSN.
3. EARNING POINTS.
3.1 There are many ways to earn Points on the Website, App or through programs and invitations offered by the Program Entities alone or in conjunction with GSN’s business partners. Some of the ways to earn Points include the following (the number of Points awarded for such activities and the daily or other limits set forth below are subject to change):
3.1.1 Daily Game Questions
From time to time, a “Daily Game Question” will be featured on the Website or App. Program Members will have one (1) opportunity to answer each Daily Game Question. The Daily Game Question may be susceptible to more than one correct answer, but only the answer designated as the winning correct answer by GSN will be accepted as the winning answer.
3.1.2 Redemption Code
From time to time, GSN may feature opportunities to earn a “Redemption Code” on the Website, App or GSN Broadcast. Follow the instructions to earn the Redemption Code and submit the Redemption Code on the App in order to earn Points. Redemption Codes may have an expiration date, which will be disclosed at the time the Redemption Code is earned.
From time to time, GSN may hold online (on the Website and/or App) or offline contests or sweepstakes tied into the Program (each, a “Program Sweepstakes” or “Program Contest”, and for ease of reference, collectively referred to herein as “Sweepstakes”). Points may be earned in connection with some of the Sweepstakes, either as a bonus for entering, as a prize that can be won or otherwise. In each such Sweepstakes, the available prizes and the number of possible prize winners will be set out in the advertising or promotional materials soliciting entries for the Sweepstakes or the Points-earning opportunity in question (“Promotional Materials”). Unless otherwise indicated in the Official Rules or Promotional Materials for the particular Sweepstakes, entry into one Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.
Sweepstakes offered will be subject to the Official Rules set forth in this Paragraph 3.1.3. In addition, if a Sweepstakes offered by any of the Program Entities has a set of Official Rules that apply specifically to that Sweepstakes, the terms of those specific Official Rules (as opposed to this Paragraph 3.1.3) will govern that specific Sweepstakes. By participating in any of the Sweepstakes that are offered, each entrant unconditionally accepts and agrees to comply with and abide by this Paragraph 3.1.3 and the decisions of GSN, which shall be final and binding in all respects. For clarification and the removal of doubt, “GSN” shall include GSN, its advertising/promotional and/or fulfillment agencies and their respective employees, officers, directors and agents. Sweepstakes are void where prohibited or restricted by law.
NO PURCHASE NECESSARY TO ENTER OR WIN A SWEEPSTAKES THAT IS OFFERED BY GSN ON THE WEBSITE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
Eligibility: Sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are 13 years of age or older as of the time of entry. Officers, directors, and employees of GSN and its parent, subsidiary and affiliated companies (collectively, the “Promotion Entities”) and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse) and/or those living in the same household of any such employees, whether or not related, are ineligible to enter any of the Sweepstakes or win a prize. Limit one (1) prize per Account/person/family/household per Sweepstakes and one (1) prize per Account/person/family/household during any thirty (30) day period for any contest or sweepstakes conducted by GSN unless otherwise determined by GSN in its sole discretion.
How to Enter: To enter an online Sweepstakes you will need to interact with the entry mechanic that has been set up for the Sweepstakes, which may take the form of an entry page on a website that is owned or controlled by a Program Entity or an applicable GSN business partner, a widget, a page within the App, a social networking page or some other mechanic (each, for ease of reference, referred to in this Paragraph 3.1.3 as a “Promotional Website”) that asks for certain information in order to complete the entry. Any other methods of entry will be communicated on the Promotional Website or as part of the Promotional Materials soliciting entries for the Sweepstakes in question. Limit one (1) entry per person and/or e-mail address or Account per day. The entry deadline for each Sweepstakes will be on the Promotional Website or the corresponding Promotional Materials. All entries must be received before the applicable entry deadline in order to participate. The Promotional Website’s database clock will be the official time keeper for each Sweepstakes.
If an alternative method of entry is offered in connection with any Sweepstakes, then unless otherwise set forth in the applicable Promotional Materials, to enter via mail (available for all eligible entrants): hand print in ink on a on a 8 1/2” x 11” sheet of paper, the name of the sweepstakes, your full name, complete home address and zip code, home telephone number and area code, month and year of birth. Mail your completed entry form in a business size (#10) envelope with proper postage affixed to: Attn: GSNTV DIGITAL DEPT, GSN, 2150 Colorado Ave, Santa Monica, CA 90404. No metered mail will be accepted. No copies, facsimiles or mechanical reproductions will be accepted. GSN assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Limit one (1) entry per outer mailing envelope. Mail-in entries are also subject to any other generally applicable entry limits.
NOTE: Internet entry must be made by the entrant, only at the applicable Promotional entry point. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. The use of any device to automate the entry process is prohibited.
Winner Notification: The potential winner(s) of each Sweepstakes will be notified using the email address provided at the time of entry. GSN may announce a potential winner’s first and last name, username, city and state/province, and cable, satellite or telco operator on-air during any program telecast on GSN. Each participant acknowledges that the announcement and/or posting of a winner’s name in or on any program, Promotional Website and/or other media does not automatically make such participant a winner and that winning a prize is subject to verification of such potential winner’s eligibility and compliance with the Official Rules for the applicable Sweepstakes. The notification email may ask the winner (or, or if such winner is under the age of majority in his or her state of residence [a “minor”] such minor’s parent or legal guardian) to provide contact information so that GSN can send the prize to the winner. GSN shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner does not respond within ten (10) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with this Paragraph 3.1.3 or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. In the event of a dispute as to the identity of the entrant, the affected entry will be deemed submitted by the Account holder, provided such Account holder must still meet the eligibility requirements for the Sweepstakes. A potential winner may be requested to provide the GSN with proof that the potential winner is the Account holder associated with the winning entry. If a dispute cannot be resolved to GSN’s satisfaction, the affected entry will be deemed ineligible.
Prizes/Odds: The prizes that are offered in each Sweepstakes will be described in the Promotional Materials or otherwise as part of the Sweepstakes entry process. Prizes pictured or described in the Promotional Materials or otherwise are for illustrative purposes only. All aspects of prizes not otherwise described will be determined by GSN in its sole discretion. No cash alternative or substitution of prizes will be allowed, except GSN reserves the right in its sole discretion to substitute prize(s) of comparable or greater value if any prize is unavailable, in whole or in part, for any reason. Odds of winning a Sweepstakes whose outcome is based on chance depend on the number of eligible entries received for that Sweepstakes.
General Prize Conditions: Each prize winner is responsible for paying any federal, state, provincial, VAT and/or local taxes and for any other fees or costs associated with the applicable prize. If required by law, as determined by GSN in its sole discretion, GSN reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States or Canada (excluding Quebec). The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner (or a minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), such winner may be disqualified and an alternate winner may be selected. Canadian residents may need to correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, prior to being declared a winner.
General Release: Participation in a Sweepstakes and/or any Points-earning opportunity constitutes each entrant’s permission for the Program Entities and those of GSN’s business partners that are involved in the Sweepstakes in question to use entrant’s first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of the prize(s) won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Program Entities and those of GSN’s business partners that are involved in the Sweepstakes in question shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. GSN assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Promotional Website or participating in a Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, GSN is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. GSN reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Sweepstakes or the Promotional Website, to be acting in violation of this Paragraph 3.1.3, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Sweepstakes, or to annoy, abuse, threaten or harass any other person, and GSN reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. GSN reserves the right to modify, extend, suspend, or terminate any Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond GSN’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, GSN will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described on the Sweepstakes entry page corresponding with a particular Sweepstakes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in this Paragraph 3.1.3, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. This Paragraph 3.1.3 cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of GSN. The invalidity or unenforceability of any provision of this Paragraph 3.1.3 shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Paragraph 3.1.3 shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
Winner’s List: If GSN so elects or if legally required, the names of the prize winners and/or the prize winners’ usernames will be posted on the applicable Promotional location.
3.1.4 Other Opportunities
From time to time, GSN may provide Members with opportunities to earn Points by completing various actions on the Website or App (each, a “ Point Opportunity”). Point Opportunities may include, but are not limited to: (i) becoming a GSNTV.com member; (ii) playing a free game on the App or Website; (iii) other Points earning opportunities determined by GSN in its sole discretion. Point Opportunities are subject to change or preemption without notice.
3.1.5 GSN Television Shows
From time to time, GSN may provide Members with opportunities to earn Points while watching GSN television shows (“Television Point Opportunity”). Television Point Opportunities are subject to change or preemption without notice.
3.2 The Program may award more than one type or “class” of Points. In accumulating Points, you may not rely upon continued Points or Award Levels. GSN, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any Points or Award Level.
4. POINTS REDEMPTION.
4.1 Members may redeem Points for merchandise, digital or other virtual assets and other awards of any type or nature as determined by GSN (each, an “Award”) and as featured in the “Redemption Store” or other GSN websites or GSN partner websites. The Points Redemption Store is located on the GSNTV App. GSN, in its sole discretion, may impose a limit on the number of Awards in the aggregate or by type that may redeemed per Account, per day, per Award or per any other generally-applicable metric that may be selected by GSN from time to time in its sole discretion.
4.2 Points are redeemable for the applicable Awards posted on the Website, App and/or in the Redemption Store or as otherwise issued by GSN. Awards are subject to availability as determined by GSN in its sole discretion. GSN reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The number of Points required to redeem any Award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by GSN or its designee or the third party business partner supplying the Award. Awards are non-assignable and non-transferable and may not be bartered or sold. Any Awards assigned, transferred, bartered or sold in violation of these Terms and Conditions may be confiscated or cancelled. Physical Awards will be shipped only to the address currently on file with GSN for the applicable Member’s Account and will not be shipped to any other person or address. A pattern of redeeming Points for Awards preceded or followed by changing the address for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. GSN reserves the right to substitute Awards of comparable or greater value if any redeemed Award becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Awards will be fulfilled within six to eight weeks from date of redemption. Awards pictured in Promotional Materials, point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Award may vary from the Award pictured.
4.3 From time to time, the Redemption Store may feature a “Mystery Box” Award. The Mystery Box Award (if any) will appear in the Redemption Store as a gift box with a question mark. The text describing the Mystery Box will provide examples of what Award(s) may be contained in the Mystery Box. The Mystery Box may contain more than (1) Award. Please note that the Award(s) described in the Mystery Box text may not be in the Mystery Box should you select it as your Award. The actual Award(s) in the Mystery Box will be selected by GSN in its sole discretion and may not be returned or exchanged.
4.4 All details and restrictions of the Awards not specified in the Redemption Store or otherwise at the time the redemption opportunity is presented will be determined by GSN in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. If required by law, as determined by GSN in its sole discretion, GSN reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
4.5 Points have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Points obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points may be confiscated or cancelled. Points must be redeemed in accordance with these Terms and Conditions. Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. The number of Points required to redeem any Award may be substantially increased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed by GSN or its designee in its sole discretion. GSN reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the amount of Points that may be earned for any given activity.. Points cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. For clarification and the removal of doubt, this Program is separate and apart from GSN’s Oodles Program. Unless otherwise indicated by GSN in any Promotional Materials, Oodles and Points are not interchangeable. Oodles can only be used in the Oodles Redemption Store, and Points can only be used in the Points redemption store. For more information on GSN’s Oodles program, go to http://www.gsn.com/cgi/corporate/oodles_terms.html. Once you have redeemed your Points, they are gone and there are no refunds, returns or exchanges for additional Points, cash or other goods or services, even if you return the merchandise or other item(s) that your Points were redeemed toward.
4.6 You can view your Points Account balance by logging onto your Account.
5. MODIFICATION AND TERMINATION.
5.1 GSN may modify any of these Terms and Conditions, including, but not limited to, the methods through which Points can be earned, how Points can be used, the types or “classes” of Points available, and the conditions under which Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member’s ability to use the Points that he/she has already earned. The Program has no predetermined termination date and may continue until such time as GSN decides to terminate the Program. GSN may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website and/or via email to the Member’s email address currently on file with GSN for their Account.
5.2 If GSN amends these Terms and Conditions, it will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes to these Terms and Conditions that GSN considers to be material, GSN will place a notice on the Website by revising the link on the home page to read substantially as “Updated Points Program Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points, redeeming Points, logging onto your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
5.3 If GSN decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by GSN from the date Program termination is announced to use their remaining Points. Use of any remaining Points will be on a first come, first serve basis and otherwise subject to the availability of Awards and Sweepstakes. Members may not rely on continued Award and Sweepstakes availability. GSN makes no representation or warranty about the number or type of Awards that may be available after Program termination has been announced, and many Awards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announced. Any Points remaining in a Member’s Account at the time of termination will be forfeited and no compensation will be provided. GSN may cancel your membership, cancel accumulated Points, alter the number of Points in your Account or suspend your membership privileges at any time with immediate effect if GSN determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Points, Points usage or Points redemption; or (e) engaged in any conduct or act that causes GSN to terminate or suspend your access to the Website. GSN may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit GSN in its exercise of any legal or equitable rights or remedies.
5.4 GSN reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by GSN and announced from time to time on the Website. GSN in its sole discretion may allow Members to prevent their Points from expiring by following GSN’s instructions.
6. GENERAL TERMS AND CONDITIONS.
6.1 ACCRUED POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS ARE CREDITS THAT GSN MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Points earned from engaging in any activities, the Member must contact GSN to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, GSN reserves the right to seek damages from any such person to the fullest extent permitted by law. GSN’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points, or a Member’s compliance with these Terms and Conditions will be resolved by GSN in its sole discretion.
6.2 By participating in the Program, each Member (and any minor Member’s parent or legal guardian) irrevocably grants the Program Entities and their respective successors, assigns and licensees, the right to use such Member’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and marketing purposes as well as in, on or in connection with the Program, the Website or the App, and each Member hereby releases the Program Entities from any liability with respect thereto.
7. PROGRAM MALFUNCTIONS AND CONDUCT.
7.1 The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points. In no event will Promotion Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GSN which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, GSN reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as GSN deems appropriate. In the event GSN is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within GSN’s control (each a “Force Majeure” event or occurrence), GSN shall have the right to modify, suspend, or terminate the Program, in whole or in part.
7.2 Any attempts by any Member to access the Program or Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. GSN, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms of Service of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass GSN, its representatives or any other Member in any manner related to the Program (vi) or tampering with, altering, or attempting to alter Points standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points, (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points, or (ix) posting or publishing the answer to any Daily Trivia Question in any medium, including, without limitation, the Website.
8. LIMITATION OF LIABILITY.
8.1 This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. GSN is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Award. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member’s Account by any third party.
8.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT GSN HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
10. GOVERNING LAW/JURISDICTION.
10.1 ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR THE PROGRAM ENTITIES IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA. AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION’S LAWS.
10.2 By participating in the Program in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Program Entities arising out of, relating to, or connected in any way with the Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Program Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Program Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Program Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, GSN agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GSN will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor GSN shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com
10.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Effective Date: 3/11/13 10:44 PM