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SocialToaster
("Sponsor") offers and operates the Fordham University Alumni Program Fan Program (the "Fan Program"), a
loyalty and rewards programs operated via https://fordham.socialtoaster.com
(the "Website) whereby "Members" (as described herein) have the opportunity to accumulate rewards
points, on an individual basis and solely for their own account, by being brand ambassadors and sharing content and
taking other actions on social sharing networks as described in these terms and conditions
(these "Program Terms"). By participating in the Fan Program, you agree to be bound by these Program
Terms and any Official Rules posted for any sweepstakes, contest or other promotion offered via the Fan Program
(in each case, the "Rules"). All of the terms and conditions contained in the
Sponsor Privacy Policy,
and the Rules are deemed incorporated into these Program Terms by reference. In case of a conflict between the Program Terms,
Sponsor Privacy Policy,
or any Rules, these Program Terms shall govern.
We may change these Program Terms from time to time. The most recent version of the Program Terms will always be posted
on the Website with the "As of" date posted at the top of the Program Terms. If we make any material changes to our
Program Terms, you will know because the "As of" date of the Program Terms will change. By accessing the Website after
the "As of" date, you are deemed to consent to our then-current Program Terms.
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This Fan Program is open to natural persons
at least eighteen (18) years of age and the age of majority in their
jurisdiction of residence at the time of enrollment.
Employees, officers, and directors of Sponsor,
and their respective affiliated companies, subsidiaries, sales representatives, printers or the prize provider, agencies
or contractors of any of the above organizations, including any entities engaged in the development, execution or
fulfillment of this Fan Program (collectively, the "Program Entities"), together with the immediate
family members and/or persons living in the same household as such individuals, are not eligible to participate in this
Fan Program.
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Before participating in the Fan Program, you must become a Member by following the on-screen instructions to connect to
the Website via an available social networking service ("SNS") and confirming your full name and email
address as directed. You must then confirm that you have read, understand and agree to the
Sponsor Privacy Policy,
and these Program Terms. Sponsor reserves the right to terminate or suspend a Member Account and/or invalidate a
Member's points if any Member engages in fraudulent activity or otherwise uses this Fan Program other than in accordance
with these Program Terms and applicable law. If you are not eligible to participate, you are prohibited from accessing,
using and registering for the Fan Program. If you are registered for an account with the Fan Program and want to stop
participating, delete or cancel your account as directed through the Website.
Limit one (1) Member Account per person. Member Accounts cannot be shared amongst individuals. Any duplicate or
multi-person Member Accounts are subject to cancellation.
Members agree not to engage in unsportsmanlike conduct or otherwise abuse the Website or activities available thereon by
conduct that is or may be detrimental to the interests of Sponsor, other Members. This includes the use or distribution
of any auto play or cheat utility software program or application.
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When you register for a Member Account, you agree (i) to provide and keep correct and complete information
("Account Data") where required and (ii) to not assign your Member Account, or rights associated with
your Member Account, to another person or entity. Sponsor, in its sole discretion, shall determine what means of
identification shall be appropriate for your participation in the Fan Program.
If we believe in our sole discretion that your Account Data is untrue, inaccurate, misleading or incomplete, we reserve
the right to suspend or terminate your Member Account. You acknowledge and agree that we may rely on the Account Data to
send you information and notices regarding your Member Account and the Fan Program, as further set forth in the
Sponsor Privacy Policy.
Sponsor shall have no liability associated with or arising from your failure to maintain accurate Account Data,
including, but not limited to, your failure to receive critical information about the Fan Program or your Member
Account. Neither Sponsor, nor any of our third party service providers shall be responsible for verifying your Account
Data. We may, at any time and at our sole discretion, request that a Member provide proof of identity to verify the
accuracy of such Member's Account Data.
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At our sole discretion, we may terminate or suspend any Member Account for any or no reason. Sponsor may, at its sole
discretion, remove and terminate Member Accounts that have not been active for six (6) months or more. If your Member
Account is terminated it will result in cancellation of all rights of access to and use of the Website. In the case of
suspected fraud, misuse, or violation of these Program Terms, or the purpose of these Program Terms, Sponsor will be the
sole arbiter of whether any fraud, misuse or violation occurred. Any decision Sponsor makes relating to termination or
suspension of any Member Account shall be binding and irrevocable.
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This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc., Twitter, Inc., Facebook, Inc., Pinterest, Inc., or YouTube, LLC. Sponsor shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.
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YouTube Terms of Service can be found here: https://www.youtube.com/t/terms
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Points may be earned in a variety of ways as described in the
Points Chart on the Website.
Points may be earned by connecting additional SNS sites to a Member's account and recruiting new Members to join the Fan
Program through a code provided on the Website once a Member is logged into his/her account. Additionally, Members may
receive one or more emails from Sponsor inviting them to share Sponsor content included in the email/s
("Official Content") and depending on a Member's settings will include a request for permission to post
that Official Content on Member's behalf at Approved Sites registered by Member with this Fan Program or will provide
Member with the option to disapprove Official Content if they have selected the "auto post" content option and Members
may earn points by following the instructions included in the invitation emails and sharing Official Content via the
Website on one or more available SNS sites (collectively, the "Approved Platforms"). The instructions
in the invitation emails must be followed in their entirety in order to earn points.
Only actions taken via an Approved Platform connected to a Member Account can earn points.
Actions taken prior to enrollment are not eligible to earn points. Member points can be tracked in the Member Account,
which can be accessed through the Website. Points are subject to verification and eligibility as determined by Sponsor.
Members understand that they must comply with all instructions provided by Sponsor for point earning activities in order
to earn the applicable points including disclosure that any social sharing interaction is used to earn points in this
Fan Program. Points will not be awarded for any social sharing interaction that does not include Sponsor's required
disclosure(s). Sponsor reserves the right in its sole discretion to disqualify any participant who does not adequately
disclose his or her participation in this Fan Program while interacting with the Approved Platforms as part of the Fan Program.
Sponsor reserves the right in its sole discretion, at any time during the duration of this Fan Program to change the
number of points awarded, or to award no points, for any particular Qualifying Activity, to offer additional or new
Qualifying Activities for a limited time or permanently, to delete any or all means to earn points, to limit the number
of times a Member may earn points for engaging in a Qualifying Activity or engaging in the activity during a specific
time period, and to offer points earning opportunities to select groups of Members.
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Members' SNS accounts registered with this Fan Program, activities in connection with this Fan Program and any and all
Tweets, re-Tweets, comments, updates and other content, including Official Content, Members upload to Approved Sites in
connection with this Fan Program ("Member Content") are subject to these Program Terms, including the following
limitations and exclusions:
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Member Accounts must be open to the public (an account where anyone can subscribe to follow and see your Member
Content). For example, Member Content is not eligible to accrue points if a Member shares it via a Twitter
(or other social sharing platform) account which is locked or set to a private option (where a user must approve
all follow requests and/or Member Content is distributed to fewer than twenty five (25) followers). For
example, sharing Member Content with fewer than all friends connected to a Twitter account, sharing Member
Content only with yourself or another social sharing account you control, or with only a limited number of your
friends or contacts will not earn points.
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Member Content must comply with these Program Terms and the terms applicable to users of each Approved Platform
to which it is submitted, and must be submitted by the registered subscriber of the applicable Approved Platform
account, to which the Member Content is uploaded.
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Members operating multiple accounts, whether in their name or handle, or using alternative names or handles, at
a single Approved Platform will be in violation of these Program Terms. For example, if a Member operates and
uses multiple fake Twitter accounts to share or re-tweet Member Content, the Member will be disqualified from
this Program.
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Member Content must be in English, may not include gibberish, nonsense keywords, random
characters or hyperlinks to sites or content unrelated or not relevant to Sponsor or its business.
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Member Content intended to promote your or another’s business activities, or which is derogatory, includes
profane or vulgar language or personal attacks is prohibited.
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Use of fake Approved Platform accounts, or accounts not registered to the Member using them for this Fan
Program, is prohibited.
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Creation of fake Members, via electronic or manual efforts, in order to obtain recruitment points is strictly
prohibited.
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You will not earn points, and your Member Account may be terminated, for sharing Member Content via an Approved
Platform account on any network where the majority of communications from that Approved Platform account are
used to earn points, to post repetitive messages on one or more Approved Platform accounts, to share Member
Content that is not relevant to Sponsor or its business, or include multiple hashtags.
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If a friend or follower likes, comments on or retweets the same Approved Platform post multiple times, you will
earn points only for the first action the friend or follower takes with respect to a particular post or update.
If the foregoing activity occurs repeatedly or excessively, as determined by Sponsor in its sole discretion,
your Member Account may be terminated. No points are earned if a post, comment or shared item is more than 2
weeks old at the time a friend or follower re-Tweets it, likes it or comments in response to it.
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Member Content posted on Approved Platform, or actions on that Approved Platform, that are posted, then deleted,
or liked, then unliked will not earn points and will disqualify the posting Member.
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Member Content, including any posts, updates or comments that refer to points being earned or rewarding another
Member with points, is prohibited and may result in disqualification.
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Member represents and warrants that his or her Member Content: (a) (other than content originally shared by
Sponsor with Member) is Member’s own original work, and does not contain any material that violates or infringes
another’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has
not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means
or media; (c) if a photograph, depicts Member only, and no other persons; (d) does not identify, reference or
depict any competing team, franchise or brands, products or services, including by means of prominent trademarks
(including words, logos or designs), other than those owned by Sponsor.
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Member Content may not contain, depict or show any content that: (i) is sexually explicit or suggestive,
offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may
appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains
disparaging remarks about the Program Entities; (iv) contains trademarks, logos, or trade dress (such as
distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs,
sculptures, paintings, and other works of art or images published via websites, television, movies or other
media) owned by others, without permission; (v) contains any personal identification, such as license plate
numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than
participant; (vi) communicates messages or images inconsistent with the positive image and good will of
Sponsor's brand; and/or (vii) violates any law. Additionally, all Member Content uploaded in connection with the
Fan Program must comply with the applicable Approved Platform's Terms and Conditions. All third-party content
and content unoriginal to you, other than Official Content, is prohibited.
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Member Content that, in Sponsor’s discretion, is posted in order to manipulate the leaderboard, the results of
any sweepstakes, contest or promotion operated by Sponsor, this Fan Program or other Sponsor engagement
programs, whether to boost the popularity of a Member’s own Member Content or to diminish the popularity of
other Members’ Member Content, will disqualify the Member from this Fan Program and will not earn points.
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Any leaderboard or other publication of Sponsor providing unvalidated, interim standings between Members in
connection with a sweepstakes, contest or other promotion is provided for informational purposes only. A Member
is not a winner of any reward or prize, even if a leaderboard should so indicate, unless and until the Member's
eligibility and Qualifying Activities have been verified under the Rules of the applicable Promotion.
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No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn points.
Gaming, fraud or abuse relating to the earning of points may result in forfeiture of accrued points as well as
termination of a Member Account and/or this Fan Program, in Sponsor’s sole discretion.
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In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account
holder of the e-mail address identified at enrollment into this Fan Program, which authorized account holder
must also be the subscriber of the applicable Approved Site account used in order to earn points. "Authorized
account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access
Provider, online service provider, or other organization (e.g., business, educational institute, social sharing
site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail
address. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the
enrollment or points accrual process or the operation of this Fan Program or otherwise attempting to undermine
the legitimate operation of this Fan Program in any manner. Use of bots or other automated processes to enroll,
engage in activities, or earn points in connection with this Fan Program or any sweepstakes, contest or other
promotion offered in connection with this Fan Program, is prohibited and may result in disqualification at the
sole discretion of Sponsor.
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Each Member represents and warrants as follows: (i) all original Member Content posted as part of the Fan Program is
the participant’s own original, previously unpublished, and previously unproduced work; and (ii) the Member Content
does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Member hereby
agrees to indemnify and hold the Program Entities harmless from and against any and all third party claims, actions or
proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any
breach or alleged breach of any of the warranties, representations or agreements of participant hereunder.
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Each Member, by posting original Member Content as part of the Fan Program hereby irrevocably grants to Sponsor, its
designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use,
copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Member Content in any media
now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms
of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and
promotional purposes in connection with the Fan Program and other promotions and Sponsor’s goods and services. Sponsor
shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Member Content
for any purpose which Sponsor deems necessary or desirable, and each Member irrevocably waives any and all so-called
moral rights they may have therein.
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By participating in the Fan Program, in addition to any other grants which may be granted in any other agreement entered
into between Sponsor and any Member, each Member irrevocably grants the Program Entities and their respective
successors, assigns and licensees, the right to use such Member’s name, likeness, and biographical information in any
and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases
the Program Entities from any liability with respect thereto.
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By enrolling in this Fan Program, each Member acknowledges and agrees that:
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Points are not valid unless earned in strict compliance with the requirements of these Program Terms, as
interpreted and applied by Sponsor, and Members shall not attempt to earn points by any means (including without
limitation, by using any script, bot or other automated means) that only simulates compliance with the
applicable requirements. Sponsor’s determination of the amount of points available to any Member hereunder shall
be final and binding for all purposes.
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Points have no cash, trade or barter value. Members have no ownership interest in accrued points and points are
not the property of Members. There may be a delay before points appear in a Member’s account after a Qualifying
Activity has been completed, and Members shall have no claim against Sponsor based on failure of points to
appear in a timely manner.
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Points may only be earned in connection with the Fan Program and may not be redeemed by, or sold, exchanged or
otherwise transferred to any other Member or to an account for any other rewards program.
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In the event that a Member fails to comply with these Program Terms or any Rules, Sponsor reserves the right to
terminate the Member’s account and/or invalidate a Member’s points in addition to seeking any and all remedies
available under the law. Upon termination of a Member’s account for any reason, all points will become null and
void, regardless of when or how they were acquired by such Member.
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Upon termination of the Fan Program for whatever reason, all points will become null and void and will not be
redeemable for any good, service, or any other value, financial or otherwise.
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Sponsor's ability to accurately allocate points to a Member's account based on Qualifying Activities performed
through Approved Platforms may be restricted by the terms, conditions, or guidelines of such Approved Platforms
or the settings of a Member’s SNS account and Sponsor will have no liability to any Member for such limitations
on points earnings.
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To the extent Members engage in any Qualifying Activity to earn points and use text messaging in connection with
this Fan Program, such Members acknowledge that text messages will be charged in accordance with such Member's
carrier's standard text message and data rates. All charges are the responsibility of the Member.
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This Fan Program is not sponsored by, affiliated with, or endorsed by Facebook, Inc., Twitter, Inc., or any
other Approved Platform nor their respective successors or any other owner or provider of an Approved Platform
at which Qualifying Activities earning points may be completed.
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Sponsor reserves the right to cancel, modify, restrict, suspend or terminate this Fan Program or any aspect or feature
of this Fan Program, including points without notice. If Sponsor cancels this Fan Program, all points remaining in
Members' Accounts will expire automatically, without notice or compensation. Upon any termination of this Fan Program,
all rights and obligations of the parties shall end.
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Subject to the terms of these Program Terms, the
Sponsor Privacy Policy,
and any applicable Rules, you acknowledge and agree that the Website and Fan Program are for your personal use. You
shall not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial
use of the Website and Fan Program. You shall not attempt to or otherwise authorize, encourage or support others'
attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Website and Fan Program
in any manner.
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The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to Sponsor and are subject to copyright and other
intellectual property rights under United States and foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owner. Sponsor reserves all rights not expressly granted in and to
the Website and Content. You agree not to engage in the use, copying, or distribution of any of the Content other than
as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere
with security related features of the Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Website or the Content therein.
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There may be links provided on the Website to other websites belonging to our advertisers, business partners, affiliates
and other third parties. Third parties, in some cases, may also link to the Website. Such links do not constitute an
endorsement by Sponsor of those websites, nor the products or services made available on those websites. Sponsor is not
responsible for the activities or policies of those websites. You acknowledge and agree that Sponsor shall not be a
party to, or in any way responsible for, any transaction concerning products or services made available from such
advertisers, business partners, affiliates and other third parties or for any content or information presented in
connection with any products or services of advertisers, business partners, affiliates and/or other third parties.
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THIS FAN PROGRAM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, POINTS AND REWARDS, AND ALL PROGRAM SERVICES, ARE PROVIDED
"AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, 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. NEITHER
THE PROGRAM ENTITIES OR THEIR AGENCIES, AGENTS, SUPPLIERS AND REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE
TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS FAN PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE;
(C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS FAN PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS FAN PROGRAM OR ANY
RELATED SWEEPSTAKES, CONTEST OR OTHER PROMOTION IS ACCURATE OR COMPLETE. A MEMBER’S USE OF THE FAN PROGRAM IS SOLELY AT
THE MEMBER’S OWN RISK.
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IN NO EVENT SHALL THE PROGRAM ENTITIES, TWITTER, INC., FACEBOOK, INC., OR ANY APPROVED PLATFORM OR ANY OF THEIR
RESPECTIVE LICENSORS, AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES) (COLLECTIVELY, THE "RELEASED PARTIES")
HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS
AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS,
REVENUES, PROFITS OR GOODWILL, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO
PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
ACCEPTANCE, POSSESSION, MISUSE OR USE OF POINTS OR ANY REWARD, AND/OR PARTICIPATING IN THE FAN PROGRAM, FAN
PROGRAM-RELATED ACTIVITIES, INCLUDING ANYACTIVITIES IN ANY WAY RELATED TO THIS FAN PROGRAM OR ANY SWEEPSTAKES, CONTEST
OR OTHER PROMOTION OPERATED IN CONNECTION WITH THIS FAN PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER
IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A)
MATTER BEYOND THEIR REASONABLE CONTROL, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF
PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE
TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
By enrolling in this Fan Program, each Member agrees for Member and Member’s heirs, executors, administrators and
assigns, to release and hold harmless, and hereby releases and holds harmless, the Released Parties from any and all
liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (1) any
unauthorized access to, alteration or use of Member’s account, transmissions or data, any material or data sent or
received or not sent or received through this Fan Program, (2) any threatening, defamatory, obscene, offensive, illegal
or other content or conduct of any third party or any infringement of another's rights, including intellectual property
rights; or (3) a Member’s acceptance, possession, grant, or use of any points, prize or reward, including without
limitation, product failure or liability, personal injury, death and property damage arising therefrom.
Some state laws do not allow limitations on certain warranties or damages. If these laws apply to you, some or all of
the above disclaimers, exclusions or limitations may not apply to you.
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Except where prohibited by law, Members (and former Members) agree that: (a) any and all disputes, claims and causes of
action arising out of or connected with this Fan Program or any points, prizes or benefits awarded hereunder shall be
resolved individually, without resort to any form of class action, and exclusively by the state or federal courts
located in
Baltimore County, Maryland;
(b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with participating in this Fan Program, but in no event attorneys’ or experts’ fees; and (c) under no
circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive,
incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and
all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Program Terms, or the rights and obligations of the Member
(or former Member) and Sponsor in connection with this Fan Program, shall be governed by, and construed in accordance
with, the laws of the
State of Maryland, United States
without giving effect to any choice of law or conflict of law rules (whether of the
State of Maryland
or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the
State of Maryland.
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Members may only use those portions of the Website made available to Members. Members are forbidden to access or
attempt to access other Member Accounts or to otherwise attempt to violate the security or systems of the Website.
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Sponsor will not be responsible for any losses or damages incurred due to unauthorized appropriation of
information, encrypted or otherwise, transmitted to or from the Website.
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If any part of these Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable,
the Program Terms, Privacy Policy, or Rules as a whole shall not be deemed unlawful, void or unenforceable, but
only that portion of the Program Terms, the
Sponsor Privacy Policy,
or Rules that is deemed unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the
intent thereof.
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The headings contained in these Program Terms, the
Sponsor Privacy Policy,
and/or any applicable Rules are for convenience of reference only, are not to be considered a part of the
Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of the
Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules.
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No waiver of any portion of these Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules shall be effective against Sponsor unless it is in writing and signed by an authorized
representative of Sponsor. The failure of Sponsor to require performance of any obligation of the Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules shall not affect Sponsor’s right to enforce any provision of the Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not
be construed as a waiver of any rights arising out of any prior or subsequent breach.
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All covenants, agreements, representations and warranties made by you in the Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules shall survive the termination of the Program Terms, the
Sponsor Privacy Policy,
or any applicable Rules, and the termination of your use of the Website and/or participation in the Fan Program.