IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14 BELOW.
1.4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW (SECTION 14), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2.2. The Program and Services are intended for individual use only. Commercial use is prohibited. To participate you must be a legal resident of the United States or its territories.
2.3. Your Account (defined below) is personal to you, and you may only have one Program Account. Your Account and any Rewards may not be sold, transferred, assigned to, or shared with, family, friends, or others.
2.4. If we discover that you have more than one Account, we may terminate any and all of your accounts, and you shall immediately forfeit all Rewards and points accumulated for Rewards. You are responsible for ensuring that no unauthorized person has access to your Account and are responsible for all activity on your Account.
2.6. You are satisfied that your participation in the Program or Services does not violate any laws applicable to you. We shall not be liable for any breach of any local, national, federal, state, or other laws that may occur as a result of your using the Program or Services.
2.7. Your Account will be deemed “Inactive” or “Dormant” if you have not logged in for a period of 6 months. If your Account is deemed “Inactive” or “Dormant”, we will close the Account and any points accumulated toward any Rewards will be considered abandoned.
3.1. To sign up for the Program and Services, we may require you to register for an Account or to log-in via Facebook, Google, Twitter, or another authentication mechanism (an “Account”). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we may deny you access to the Program, disqualify you from Rewards, revoke any accumulated reward points, and/or terminate your Account, at our sole discretion.
3.2. You shall not select or use as a username a name of another person with the intent to impersonate that person; use as a username a name subject to any rights of a person other than you without appropriate authorization; or use, as a username, a name that is otherwise offensive, vulgar, or obscene.
3.3 You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person’s Participant Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You must send a written request to email@example.com to delete your account.
3.4 As stated above, you may establish, maintain, use and control only one Account on the Service. Each Account on the Service may be owned, maintained, used, and controlled by only one individual. For avoidance of doubt, Participants may not “co-own” Accounts on the Service. If we determine that you have opened, maintained, used, or controlled more than one Account, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your Accounts and terminate, withhold or revoke the awarding of any Rewards or redemption of any Points (defined below). You are responsible for maintaining the confidentiality of your login names and passwords, and you accept responsibility for all activities, charges, and damages that occur under your Account.
3.5 You shall not allow any other person to use your Account to participate in the Program. If you have reason to believe that someone is using your Account without your permission, contact us immediately by emailing us at firstname.lastname@example.org. We will not be responsible for any losses or damages resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
4.1. The Program and Services may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws and you agree that you expressly disclaim any intellectual property rights associated with CrowdPlay, its trademarks or any other rights, including copyrights, and that your participation in the Program or Services shall not provide you with any rights, now or in the future.
5. Rules of Conduct
5.2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the CrowdPlay Services (see our DMCA Copyright Policy in Section 18 below); uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; uses screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question; you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information; illicitly manufactures benefits by providing inaccurate information, buying or selling such benefits, creating multiple Accounts, or other means; results in the creation or operation of multiple Participant Accounts; creates multiple entries into the Program if in violation of any Rewards Rules, by any means, including multi-accounting; logs an Account into multiple devices simultaneously; logs an Account into more than five different devices over the course of the history of the Account; logs multiple Accounts into a single device over the course of the history of any of the Accounts; enters you into a contest for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means; results in the sale or transfer of your Account; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"); contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; is designed or intended to obtain password, Account, or private information from any account holder using the Program or Services; impersonates any person or entity, including any of our employees, representatives, or Participants; promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or includes anyone’s identification documents or sensitive financial information.
5.3. You shall not take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Program, Services or any activities conducted on the Services; bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Program or Services (or other accounts, computer systems or networks connected to the Program or Services); run any form of auto-responder or "spam" on the Program or Services; use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Program without our express written permission; harvest or scrape any content from the Program or Services; or otherwise take any action in violation of our guidelines and policies.
5.4. You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Program or Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, modify, translate, or otherwise create derivative works of any part of the Program or Services, or copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder.
5.5. You shall abide by all applicable local, state, and national laws and regulations.
5.7. If for any reason the Program or Services are not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole our opinion corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), we reserve the right, in our sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify, suspend or discontinue the Program or Services, in whole or in part. If such discontinuation, cancellation, termination, modification, or suspension occurs, notification may be posted on the Site.
5.8. You further acknowledge that the forfeiture and/or return of any Reward shall in no way prevent us from pursuing criminal or civil proceedings in connection with any a conduct.
6. Rewards Rules
PLEASE READ THESE REWARDS RULES CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE RULES CONTAINED IN THIS SECTION 6. IF YOU DO NOT AGREE TO THESE REWARDS RULES, DO NOT ACCESS OR PARTICIPATE IN THE PROGRAM.
6.1 You agree that we may provide updates, notices, disclosures and amendments to these Rewards Rules, and other information relating to the Program by electronic means, including posting such information and materials within the mobile application that you use to participate in the Program.
6.3 The Program is one way in which we, our Business Partners, and our Business Partners’ sponsors (“Sponsors”) endeavor to reward and thank Participants for continuing to enjoy the Program and to participate in the Services. As further described below, the Program allows fans to engage in the game, incentivizing competition between Participants alongside the competition during sporting events as well continued engagement outside of sporting events. Participants are able to earn a certain number of points for specific types or frequency of engagement (“Points”) that can be redeemed for various products, discounts or other Rewards.
6.4 To earn Rewards, you must establish credentials as a Participant by setting up an Account on the Program site and participating in various activities that allow you to accumulate Points. To join the Program, you must download the app from the App Store or Google Play or other site as we may designate in the future and follow the prompts to create an Account. You will be required to provide the following information:
Your first and last name
Your email address
Your age/year of birth (to confirm that you are eligible to participate)
Your postal/ mail address
6.5 If you are not already registered as a Participant, you will have to create an account.
6.7 By participating in the Program, you will have the opportunity to earn Points that will accumulate and once a specific number of Points are earned (and not expired, see Points Expiration section below), they may be redeemed for Rewards in accordance with these Rewards Rules. You may receive a varying number of Points for frequency of engagement with the Program, which may include but are not limited to engaging with a Business Partner or Sponsor social media posts, reading/sharing articles, watching videos, such as highlight videos, post-game press conferences, attendance/tv viewership promote fan purchases, or correctly answering live trivia during a game. We reserve the right to establish, alter or discontinue the value of Points for any particular aspect of the Program. Check the promotional materials for specific restrictions applicable to Point values as they may vary.
6.8 You may also earn Points associated with loyalty codes (“Loyalty Codes”), which may, from time to time, be distributed through promotional materials. The number of Points awarded for using Loyalty Codes may vary. Certain other limitations may apply to Loyalty Codes. For example, Loyalty Codes may have expiration dates. Check the promotional materials for specific restrictions applicable to a particular Loyalty Code.
6.9 Points have no cash value. You have no ownership interest in any Rewards. Use of the word "earn" or similar in marketing materials in relation to Rewards refers to collecting Points and does not infer that any Rewards have any value until redeemed. Points may not be purchased or sold and are not transferable. Occasionally errors may occur with respect to Points calculations. We reserve the right to correct such errors at any time even if it affects pending Rewards balance in your account.
6.10 All redemptions are final and CrowdPlay will not honor requests for the return of Rewards redeemed with Points.
6.11 Unless otherwise noted, Points are automatically added to your account within twenty-four (24) hours after they are earned. Program engagement begins at the beginning of a sports season and expires one-year from the date that season began, regardless of when the Points were earned. For example, if the season began on October 15, 2021, and you earned Points on December 15, 2021 and then again on February 15, 2022, all of the Points not redeemed will expire on October 15, 2022. If not expired, the oldest accrued Points will be used first for redemptions. You can view and track your Points balance and available Rewards, as well as any additional benefits for which you are eligible as a Rewards Program Member by using the Program.
6.12 Unless Points expire as set forth in Section
6.11, your points will expire no later than 6 months of no activity, if your Account is terminated, deleted or abandoned or deemed inactive.
6.13 Points may be redeemed for a variety of Rewards through the Program. These Rewards may include but are not limited to:
• Team merchandise, such as T-shirts, hats, hoodies, and more
• Tickets to a sporting event
• Participating brand offers and discounts, such as to food and beverages stalls at the game
• Items provided by the team’s fan shop or retail outlet(s)
• Sports memorabilia and collectibles
6.14 Note that the Rewards available vary and based upon adequacy of supply, supply chain interruptions or other issues that may arise, we, our Business Partners or Sponsors expressly reserve the right to adjust or substitute the items available for redemptions at any time in our sole discretion with no advance notice to you.
6.15 You cannot redeem more than three Rewards per day.
6.16 We may offer Participants early or extended access to special items or discounts. You may find out more information through the Program’s promotional materials and choose to take part in these offers by utilizing them through the Program.
6.17 We may also offer personalized coupons or benefits distributed by email, through the Program (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the Program or via email. To receive and activate personalized special offers distributed via the Program or email, you must opt-in to receive promotional and marketing offers from us, our Business Partners or Sponsors, and you may be required to provide a valid email, telephone and physical address.
7. Third-Party Services
8. Location-Based Services
8.1 We offer features that are based on the actual location or geolocation of Participants and may report on the locations of those Participants as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion and may opt out of providing such information by turning off those features. By using Location-Based Services, you consent to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages arising out of your informed decision to disseminate your location information through the Program or Service.
10. Warranty Disclaimer
10.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which Participants gain access to the Program or Services; what content you access via the Program or Services; or how you may interpret or use the content.
10.2 You release us from all liability associated with the use of the Program or Services. We make no representations concerning the Program’s content or access to the Program or Services, and we will not be responsible or liable to you for the accuracy, copyright compliance, or legality of material contained in or accessed through the Program or Services.
10.3 The views and opinions of Business Partners or third parties, including without limitation Sponsors that may provide advertising, promotion or marketing content associated with the Program, are their own and not necessarily representative of the views and opinions of us, our officers, directors and employees, and we assume no responsibility for the content, accuracy, or views of or opinions expressed by Business Partners, Sponsors or other third parties.
10.4 THE PROGRAM SERVICES AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, BUSINESS PARTNERS AND CONTENT PROVIDERS, INCLUDING SPONSORS DO NOT WARRANT THAT: (I) THE PROGRAM OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PROGRAM OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PROGRAM AND SERVICES IS SOLELY AT YOUR OWN RISK.
12.1 We may, in our sole and absolute discretion, require you as an Account holder to execute a separate release of claims as a condition of receiving any Rewards.
13. Limitation of Liability
13.1 IN NO EVENT SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, SUPPLIERS OR CONTENT PROVIDERS INCLUDING SPONSORS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) THE VALUE OF THE REWARDS YOU RECEIVED DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $50.00.
13.2 The laws of some states do not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If applicable to you, the limitations and waivers shall remain applicable to the fullest extent permitted by law.
13.3 We are 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 Participant to participate in the Program), including without limitation any injury or damage to any Participant's or any other person's computer or mobile device relating to or resulting from participation in the Program or Services; inability to access the Program or Services, any website, or any web pages that are part of or related to the Program; 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 mobile device or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
14. Binding Arbitration
14.1 IMPORTANT: ARBITRATION CLAUSE AND CLASS ACTION WAIVER PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE YOU ARE:
(A) GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
(B) GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE;
(C) GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY; AND (D) GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.
14.2 Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other and/or your use of the Program or Services shall be settled by binding arbitration administered by the JAMS in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
14.4 The Commercial Arbitration Rules governing the arbitration may be accessed at http://www.jamsadr.com or by calling tel:1.800.352.5267. The arbitration rules also permit you to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial and are waiving that right. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court but agree to be bound by the arbitration provisions herein.
14.5 If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and we agree to submit to the personal jurisdiction of any federal or state court in Suffolk County, Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.6 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH OF OUR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.7 Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
15. Governing Law and Jurisdiction
17. DMCA Copyright Policy.
17.1 We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
17.2 Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Program or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we is capable of finding and verifying its existence; contact information about the notifier including address, telephone number and, if available, email address; a statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement at
email@example.com or at:
209 West Central St., Suite 201A
Natick, MA 01760
18.2 We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
18.7 The Program and Services are not sponsored, endorsed, administered by, or associated with the companies, or any of their subsidiaries or affiliates, that provide mobile devices, such as Apple and Android, or that provide access to apps, including any app associated with the Program or Services, located on the App Store, Google Play or Google Mobile Services.
Contact You may contact us by mail at the following address:
209 West Central St., Suite 201A
Natick, MA 01760