RotoHog Fantasy Contest Rules & General Terms of Service (TOS)
Revised August 14, 2008
Welcome to RotoHog’s fantasy web site located at www.rotohog.com ("Site") that allows you to play fantasy football against others with the chance to win prizes ("Contest") and to access professional sports-related news and information. The Site is hosted and managed by Sports Composite DE, Inc. (“RotoHog”).
The following Rules and General Terms of Service for the Site is a legal contract between you, an individual customer, member, or user ("You" or, collectively, "Users"), and RotoHog regarding your use of the Site.
PLEASE READ CAREFULLY THE FOLLOWING RULES AND TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING RULES, TERMS OF SERVICE AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
Eligibility
To participate in any RotoHog contest shown below, you must be an individual who resides in one of the fifty United States of America or Canada and must be at least the age of majority in your jurisdiction of residence for the duration of the Contest. If you are a resident of Arizona, Iowa, Louisiana, Maryland, Montana, or Vermont at the beginning of the Contest, you are permitted to play in the Contest, but you are not eligible to win prizes. Residents of Florida can win prizes in all contests except Paid leagues and Jackpot leagues. Void where prohibited and where any registration, bonding or translation required. Residents of Quebec and any jurisdiction that does not permit awarding of cash prizes are not eligible to participate. RotoHog or its subsidiaries and affiliates, in its sole discretion, will determine the eligibility of Entrants and the time of entry. Employees, independent contractors, investors, advisors, officers, and directors of RotoHog, its subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of all such persons, and their affiliates, are not eligible to participate in any RotoHog contest.
THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY ROTOHOG. By clicking the "I Agree" button or by otherwise downloading, installing, or using the Site, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Site.
Entrants who do not comply with any of the requirements of these Rules or any other applicable Terms are not eligible to participate or win a prize. Certain prizes may require the participant to be at least 21 years of age.
Entry
All entries to the Contest must be submitted electronically by registering for an account on the Site. The registration form must be completed accurately and in its entirety.
ONLY ONE ENTRY PER PERSON IS PERMITTED.
By submitting an entry for any RotoHog league or contest, you agree to abide by and be bound by these Rules and the Terms and any decision RotoHog or its designees make regarding any matters relating to a contest. RotoHog reserves the right to disqualify from any RotoHog contest, and any future contest or other promotion conducted by RotoHog, and to prosecute to the fullest extent permitted by law, any entrant who, in RotoHog's reasonable suspicion, tampers with the Site, entry process or a contest, violates these Rules or Terms, engages in any cheating or collusion, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification or ineligibility of any winner, RotoHog may replace such winner with the next runner-up at the sole discretion of RotoHog. Where awarding prizes is applicable by law, Canadian winners will be required to take a skills test before collecting prizes.
By entering into a RotoHog contest, you consent to RotoHog's use of your name, photograph and/or likeness, address, voice, fantasy football selections, and statements made by or attributed to you, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
RotoHog Fantasy Account. When you use certain Site features, you will be asked to log-in to a RotoHog fantasy account using your password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide during the account registration process and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Customer Service. You shall be liable for the losses incurred by RotoHog or others due to any unauthorized use of your Site account.
Start and End of Contest
The RotoHog Stock Exchange Fantasy Football Championship contest begins on September 4, 2008 (the "Start Date") and ends immediately upon completion of the last game of the 2008 NFL regular season (the "End Date").
Fees and Prizes
Season-Long Contest: Enrollment in the RotoHog Fantasy Football Championship season-long contest is free and automatic for qualified users who create a stock exchange fantasy football team on profootballweekly.rotohog.com. Prizes in the 2008 RotoHog Stock Exchange Fantasy Football Championship will be awarded to those 101 eligible entrants who comprise the 101 highest points earners among all eligible entrants as of the End Date according the following "Prize" schedule:
Grand Prize
$25,000 CASH
Runner Up
$10,000 CASH
2nd Runner Up:
*Las Vegas Trip for 2 inclusive of airfare and hotel accomodations (valued at $1500)*
4th Place
50-Inch LG Plasma TV
5th Place
42-Inch LG Plasma TV
6th – 10th Place
Sony PS3
11th – 20th Place
$250 RotoHog Fan Shop Gift Certificate
21st – 50th Place
$100 RotoHog Fan Shop Gift Certificate
51st – 100th Place
FREE 2009 RotoHog League Manager
101st
“Finished one out of the money.” T-Shirt
Judging
Judging to determine the winners will be conducted by Pro RotoHog or its designee(s). Winners will be determined by the points earned by each entrant through play in a RotoHog contest. A tie will first be broken by the overall value of the tied players’ fantasy teams. Any subsequent ties will be broken at random in the sole discretion of RotoHog or its designee(s). Play in a RotoHog contest usually consists of drafting and managing a fantasy football team, as described in detail on the Site's help and/or technical support section, as may be changed by RotoHog from time to time. Prizes will be awarded to the number of eligible entrants who have earned the most points out of all other eligible entrants by the contest End Date per the schedules shown for the respective contests above. RotoHog will be the sole inspector and final arbiter of all contest determinants, including, but not limited to number of entrants and number of points earned, and will use internal software and internal analysis to determine the number of points earned by each entrant. In addition, RotoHog may from time to time choose to conduct, and award other prizes in connection with, interim contests. By way of example, this could include the awarding of prizes for entrants who earn the most points in a certain week or month, or who improve the most from one month to the next with respect to points earned. RotoHog will elect whether or not to conduct interim contests in its sole discretion, and such interim contests and prizes are not guaranteed.
Odds of Winning
The odds of winning in any RotoHog contest depend on your skill in drafting and managing a RotoHog fantasy football team and in predicting the relative performance of athletes and on the number of participants. In addition, the odds of winning depend on how late you enter any contest, since later entrants have less total time in which to accumulate points relative to entrants who entered earlier.
Finality of Decisions
All decisions of RotoHog are final and binding in all matters relating to any RotoHog contest.
Prizes for different contests are outlined on the Site. Also, RotoHog may award other prizes from time to time in connection with any interim contests as described above under "Judging." Cash prizes will be awarded and mailed to the winner in the form of a check. RotoHog will cover costs of shipping and handling of prizes to any destination within the contiguous United Sates. All other shipping and handling shall be the sole responsibility of prize winner.
No substitutions are permitted, except RotoHog reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Rules.
Taxes:ALL TAXES AND CURRENCY EXCHANGE FEES OR CHARGES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
RotoHog reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than any portion withheld for tax purposes or as otherwise required by applicable law) to the winners only and are not transferable. The winner may be required to supply a Social Security number (or, in Canada, a Social Insurance Number) or Taxpayer ID prior to the award of any prize.
Notification of Winner
The winners will be notified by e-mail and/or regular mail and must sign and return an affidavit (or, in Canada, a declaration) of eligibility and compliance with these Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an individual, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The winners may be required to provide RotoHog with proof that the potential winner is the Authorized Account Holder of the e-mail address associated with the winner.
The names of the winners will be posted for a period of time at http://www.rotohog.com. The name of the winners may also be obtained by mailing a self-addressed, stamped envelope to Rotohog.com, 9800 La Cienega Ave., #904, Inglewood, CA 90301. Vermont residents do not need to provide return postage.
Trip Prize Restrictions:
Actual value of trip(s) may vary based on point of departure and dates of travel. Certain travel restrictions may apply. Each winner and guest will be required to travel together on the same itinerary and are responsible for obtaining all required travel documents including but not limited to, passport, Visas and any medical clearances/vaccinations required to enter destination country. Each Trip Prize Winner must be available to travel on dates specified by RotoHog. Travel arrangements must be made through RotoHog or its designee.
Each guest of each Trip Prize Winner must also complete, execute and return a Liability Release and Advertising Consent for Travel Companion ("Travel Companion Liability Release") (unless prohibited by law) prior to issuance of travel documents. Failure to return the Travel Companion Liability Release in a timely manner may prevent travel companion from participating in the awarded prize. If the guest of any Trip Prize Winner is a minor, such guest must be accompanied by his/her parent or legal guardian, at the parent or legal guardian’s sole expense (unless the parent or legal guardian is the Trip Prize Winner) and such parent or legal guardian will be required to execute and return the Travel Companion Liability Release (unless prohibited by law) on his/her child's behalf. Should the game portion or experience portion of any prize be canceled, postponed or in any way abbreviated, RotoHog shall have no further obligation to the Trip Prize Winner other than to supply the trip as described, minus the game tickets and/or experience tickets. Tickets are subject to certain terms and conditions as specified by issuer. Seat locations will be determined by RotoHog. RotoHog, and/or any other relevant party, reserve the right to remove or to deny entry to any Trip Prize Winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game or at the experience. Meals, ground transportation, gratuities and all other costs and expenses not specified herein, if any, are the responsibility of each Trip Prize Winner. All prize details are at the sole discretion of RotoHog.
Each guest of each Trip Prize Winner must also complete, execute and return a Liability Release and Advertising Consent for Travel Companion ("Travel Companion Liability Release") (unless prohibited by law) prior to issuance of travel documents. Failure to return the Travel Companion Liability Release in a timely manner may prevent travel companion from participating in the awarded prize. If the guest of any Trip Prize Winner is a minor, such guest must be accompanied by his/her parent or legal guardian, at the parent or legal guardian’s sole expense (unless the parent or legal guardian is the Trip Prize Winner) and such parent or legal guardian will be required to execute and return the Travel Companion Liability Release (unless prohibited by law) on his/her child's behalf. Should the game portion or experience portion of any prize be canceled, postponed or in any way abbreviated, RotoHog shall have no further obligation to the Trip Prize Winner other than to supply the trip as described, minus the game tickets and/or experience tickets. Tickets are subject to certain terms and conditions as specified by issuer. Seat locations will be determined by RotoHog. RotoHog, and/or any other relevant party, reserve the right to remove or to deny entry to any Trip Prize Winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game or at the experience. Meals, ground transportation, gratuities and all other costs and expenses not specified herein, if any, are the responsibility of each Trip Prize Winner. All prize details are at the sole discretion of RotoHog.
Disclaimer and Limit of Liability
ROTOHOG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR AN ENTRANT'S PARTICIPATION IN ANY CONTEST. ROTOHOG SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE CONTEST, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, SERVER, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED. ROTOHOG RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, SUSPENSION OR TERMINATION OF THE FOOTBALL SEASON OR OTHER UNFORESEEABLE EVENT ALTERS, CORRUPTS OR MAKES IMPOSSIBLE THE ADMINISTRATION OF ANY CONTEST.
Release
BY ENTERING INTO ANY CONTEST(S), EACH ENTRANT AND EACH OF ITS HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS AND AGENTS RELEASES AND AGREES TO HOLD HARMLESS ROTOHOG, AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING AND PARTICIPATING IN THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) THE CONTEST(S).
Third-Party Sites, Products and Services. The Site may include links or references to other web sites or services solely as a convenience to Users ("Third-Party Sites"). RotoHog does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, are solely between you and such third party. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD-PARTY SITES IS SOLELY AT YOUR OWN RISK AND ROTOHOG SHALL NOT HAVE ANY LIABILITY IN CONNECTION THEREWITH.
Sponsor
The Sponsor of this Contest is Rotohog.com, 9800 La Cienega Blvd., #904, Inglewood, CA 90301.
User Posted Content
License Grant to RotoHog for Content. By posting content on any portion of the Site, you hereby grant to RotoHog a worldwide, perpetual, non-exclusive, transferable, assignable, fully paid-up, royalty-free license, with the right to sublicense, to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your content, in any media formats and through any media channels, whether now existing or devised in the future.
Content Representations and Warranties. You are solely responsible for your content and the consequences of posting or publishing it. By uploading and publishing your content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize RotoHog to use and distribute your content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by RotoHog and the Terms; (2) your content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your content does not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATIONS BY YOU OF ANY THIRD-PARTY RIGHTS MAY SUBJECT YOU TO CRIMINAL AND CIVIL LIABILITY. ROTOHOG RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USERS WHO VIOLATE THE TERMS.
Content Disclaimer. You understand that when using the Site you may be exposed to content posted by other Users, and that RotoHog is not responsible for any aspect of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RotoHog with respect thereto. RotoHog does not endorse any User-posted content or any opinion, recommendation or advice expressed therein, and RotoHog expressly disclaims any and all liability in connection with such content. If notified by a third party of content that allegedly does not conform to the Terms, RotoHog may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice.
Digital Millennium Copyright Act. It is RotoHog’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. RotoHog will promptly terminate without notice any User's access to the Site if that User is determined by RotoHog to be a "repeat infringer." A repeat infringer is a User who has been notified by RotoHog of infringing activity violations more than twice and/or who has had any content removed from the Site more than twice.
Prohibited Conduct
BY USING THE SITE YOU AGREE NOT TO:
use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to play in the fantasy sports contests offered on the Site; post, upload, or distribute any content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that is defamatory, libelous, or inaccurate; impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity; delete the copyright or other proprietary rights on the Site; make unsolicited offers, advertisements, proposals, or send junk mail or spam to any third party. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or intentionally interfere with or damage operation of the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to play in the fantasy sports contests offered on the Site; post, upload, or distribute any content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that is defamatory, libelous, or inaccurate; impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity; delete the copyright or other proprietary rights on the Site; make unsolicited offers, advertisements, proposals, or send junk mail or spam to any third party. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or intentionally interfere with or damage operation of the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Termination; Violation of These Terms
RotoHog. You agree that RotoHog, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) or your use of the Site and remove and discard all or any part of your account, User profile, and any of your content, at any time. RotoHog may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that RotoHog will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RotoHog may have at law or in equity.
Remedy. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any Term, (iii) any policy or practice of RotoHog in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate this Terms of Service by discontinuing use of any and all parts of the Site.
Ownership; Proprietary Rights. The Site is owned and operated by RotoHog. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by RotoHog (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that is provided and owned by Users, all Materials contained on the Site are the property of RotoHog or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to RotoHog or its affiliates and/or third-party licensors. Except as expressly authorized by RotoHog, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials, including content. RotoHog reserves all rights not expressly granted in these Terms.
Indemnification. You agree to indemnify, save, and hold RotoHog, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. RotoHog reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RotoHog, and you agree to cooperate with RotoHog's defense of these claims. RotoHog will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROTOHOG, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROTOHOG OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS PARAGRAPH, THE TERM “ROTOHOG” INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
"As Is" and "As Available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. ROTOHOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Site Operation and Content. ROTOHOG DOES NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ROTOHOG OR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, LOST WINNINGS, OR LOSS OF ANTICIPATED PROFITS OR WINNINGS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ROTOHOG, EVEN IF ROTOHOG OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ROTOHOG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL ROTOHOG OR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ROTOHOG AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
Limitations by Applicable Law. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Miscellaneous
Your Privacy. Your privacy is important to RotoHog. RotoHog's Privacy Policies are hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to the collection, use, and disclosure of your personal information.
No Affiliation. You acknowledge that RotoHog is not in any way affiliated with or endorsed by the National Football League or any other professional sports organization.
Certain Features and Services. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Changes to these Terms. RotoHog reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Site.
Currency. All dollar amounts specified herein are United States Dollars.
Notice. RotoHog may provide you with notices, including those regarding changes to RotoHog's terms and conditions, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless RotoHog is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
Waiver. The failure of RotoHog to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by RotoHog.
Governing Law. These Terms, along with any Contest and the rights and obligations of RotoHog and entrants will be exclusively governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of any Contest.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms, the Site, or any contest against RotoHog will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RotoHog without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and RotoHog relating to the subject matter herein and will not be modified except in writing, signed by all affected parties, or by a change to these Terms or Guidelines made as set forth herein.
Claims. YOU AND ROTOHOG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact Information. The services hereunder are offered by Sports Composite DE Inc., located at: 9800 La Cienega Blvd., Suite 904, Inglewood, CA 90301 and email: customerservice@rotohog.com. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
All questions regarding rules should be directed by e-mail to Customer Service.
Customer service hours are from 9am - 5pm Pacific Time, any emergency issues will be handled as soon as possible.
If you didn't find the answer you're looking for, feel free to contact us at
customerservice@rotohog.com and we'll get you an answer as quickly as possible.
Customer service hours are from 9am - 5pm PST, any emergency issues will be handled as soon as possible.
Customer service hours are from 9am - 5pm PST, any emergency issues will be handled as soon as possible.