Terms and Conditions

Last Updated: August 8, 2016

General

Sports 1 Marketing Corp., a Delaware corporation (hereafter “S1M,” “we,” “our,” or “us”), has developed this Terms and Conditions (“Terms”) to inform its users (each hereafter “user,” “you,” or “your”) as to the Terms that govern access to, and use of, S1M websites, mobile applications, and other online or digital services that we offer (collectively hereafter, our “Service” or “Services”).

You are accepting and agreeing to abide by the Terms when you check the Services homepage box that reads, “I agree to the Terms and Conditions, and I have reviewed the Privacy Policy,” or where you otherwise use our Services (collectively herein referred to as “Opting In”). Be informed that Opting In constitutes a legal agreement between you and S1M. These Terms may be changed from time to time. If we make changes, we will notify you by revising the date that follows the colon behind the “Last Updated” language found above—located under the Terms and Conditions title of this document. We encourage you to review the Terms whenever you access our Service. Continued use of our Service after changes have been made and notice has been given via an updated “Last Updated” date shall constitute an acceptance of the Terms as changed. If you do not agree with the Terms as described below, please do not use our Services. If you have any questions about our Terms, information on how to contact us is contained within the “Contact Information” section found at the end of the Terms agreement.

MEANT TO SERVE AS A DISCLAIMER, THIS PARAGRAPH INFORMS YOU THAT THE MATERIALS CONTAINED IN OUR SERVICES ARE PROVIDED DIRECTLY OR INDIRECTLY BY WAY OF S1M AS A SERVICE TO YOU, FOR YOUR USE ON AN "AS IS, AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. S1M ASSUMES NO RESPONSIBILITY FOR ERROR OR OMISSIONS ASSOCIATED WITH THESE MATERIALS. S1M MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED HEREIN. S1M MAKES NO, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, OR RELIABILITY OF TEXT, GRAPHICS, LINKS, PRODUCTS, AND SERVICES, AND OTHER ITEMS ACCESSED FROM OR VIA OUR SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY S1M OR ANY OTHER PARTY, AS IT MAY APPEAR IN OUR SERVICES, SHALL CREATE ANY WARRANTY OR LIABILITY. SOME STATES MAY LIMIT THE EXTENT TO WHICH THIS DISCLAIMER APPLIES TO YOU.

Our Service

S1M afford users access to our websites, mobile applications, and other online and digital services. As a user of our Services you are also afforded access to participate in our Aggregated Marketing Platform. A component of our Aggregated Marketing Platform is a Virtual Gift Bag Application (“VGB”), which includes the ability to build “Swag Bags” made up of your choice of gifts from S1M and/or third-party AMP Sponsors (“Sponsors”). Additionally, where such is provided for in a VGB, you may have access to enter into any number of included, random sweepstakes drawings. In every VGB you are also afforded an opportunity to donate to charitable causes.

By using any of our Services, you provide consent for us to collect personal and non-personal information about you. You share some of this information with us when you input it into our Service, while other information is collected automatically. As a user of our Service you consent to our sharing of your personal, non-personal, user-input, and automatically shared information with Sponsors. For example, when claiming a gift in the VGB, you authorize us to share data about you with the Sponsor who is the provider of the gift.

You hereby acknowledge and agree that we do not control the use, processing, storage, transmission, or any other dissemination of your information by Sponsors. You further acknowledge and agree that a Sponsor and their third-party service providers may be located anywhere in the world, including, without limitation, the United States of America, South America, Asia, Africa, Australia, and/or the European Economic Area. You also acknowledge and agree that any information may be received, processed, managed, and/or stored by us or Sponsors located anywhere in the world, including, without limitation, in the United States of America, South America, Asia, Africa, Australia, and/or the European Economic Area. S1M is based in the United States and U.S. law governs the information we collect.

Monetary Transactions

S1M may advertise its own purchasable products within our Services. Even where such occurs, transactions for those products will take place outside of our Services and be governed, if at all, by the processing agent or the terms prescribed on the landing/re-route page, but not by S1M through its VGB. A purchase of a product from an advertising partner or Sponsor found in our Gift Bag (“Outside Purchase”) will never be processed within our Services, and as such, the terms of a purchase placed in this context will be governed, if at all, as prescribed by the seller, Sponsor, third-party, or seller-prescribed entity, not be it us. Please refer to an appropriate Terms and Conditions for your purchase in order to acquire further information as to Outside Purchases.

Swag Bag Gift Acquisition

Gift offers contained in your VGB Swag Bag may contain redemption details provided by the gifting entity. The user waives all liability that could potentially be attributed to S1M in regards to any issue surrounding the claiming or redemption of the gifts included in the VGB—please refer to the providing entity or merchant processor for redemption of or any issues concerning your selected gifts. Some gifts may be subject to redemption or claim limits.

Donations

We appreciate all users who decide to pay it forward and donate to parties contained in our VGB. No donation is required or necessary in order to claim or redeem gifts from our VGB; nor is a donation necessary to take part in any sweepstakes made accessible in a VGB. Donations made to parties accessed through our VGB shall be governed, if at all, by the terms and conditions prescribed on the landing page to donate, or as provided by the actual receiver of the donation. The user waives any claim against S1M concerning any user donations to parties advertising and soliciting for donations in the VGB. Further, S1M shall not incur any liability, in any way, associated with donations to parties contained in the VGB. Please refer to the entity donated to in order to acquire information regarding your donations.

Sweepstakes

Sweepstakes may be a component of any VGB. No purchase, claiming or redemption of gifts, or donation is required or necessary in order to participate in a VGB Sweepstakes. A Sweepstakes is a promotion where the winner is determined by a chance event and the participants exercise no control over the outcome. Please view the Official Rules that accompany any VGB Sweepstakes to answer any further questions specific to such Sweepstakes.

Intellectual Property and Limited License

Unless otherwise indicated by S1M, the Services and all content and other materials therein, including, without limitation, the S1M logo, Terms, and all other designs, text, graphics, pictures, information, data, software, sound files, other files made available within the Services, and the selection and arrangement thereof, and any documentation or other ancillary material provided to you by or on behalf of S1M (collectively, "S1M Content") are the proprietary property of S1M or our licensors or users and are protected by U.S. and international intellectual property laws.

S1M hereby grants you a limited, nonexclusive, non-sublicensable license to access and use the Services and S1M Content solely for the purpose of claiming gifts, participating in Sweepstakes, donating to charitable causes, and/or for receiving other services provided for under these Terms; however, such license is subject to the Terms and without exhaustion, you are not permitted to:

sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or S1M Content; copy, reverse engineer, decompile, disassemble, or attempt to discover the source code of our Services or S1M Content; modify, alter, or otherwise make any derivative uses of the Services or S1M Content, or any portion thereof; remove, alter or obscure any copyright, trademark, or other proprietary rights notice included in the Services or S1M Content; use any data mining, robots, or similar data gathering or extraction methods; download (other than page caching) any portion of the Services or S1M Content, except as expressly permitted via the Services; or use the Services or the S1M Content other than for their intended purposes.

Any use of the Services or S1M Content other than as specifically authorized herein, without the prior written permission of S1M, is strictly prohibited and will terminate the license granted in this “Intellectual Property and Limited License” section. Such unauthorized use may also violate applicable laws, including without limitation, copyright, trademark, and patent laws and any applicable communications regulations and statutes. Unless explicitly stated by S1M, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. S1M can revoke this license at any time.

"S1M" and the S1M logos, as well as any other S1M product or Service names, logos or slogans are S1M’s trademarks in all territories and countries, and they may not be copied, imitated or used, in whole or in part, without the prior written permission of S1M. All other trademarks, registered trademarks, product names, company names, and logos mentioned or appearing in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by S1M.

User Content

You are solely responsible for all content you post, upload to, transmit, distribute, store, create, or otherwise publish through the Services ("User Content"). The User Content you provide must comply with the rules set forth below in this section. These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive, or otherwise objectionable; User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law; User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party; User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Private information of any non-consenting third-party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers; unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages; User Content designed to deceive or trick the user of the Services; viruses, corrupted data or other harmful, disruptive, or destructive files or code, script or other software designed to automate any functionality on the Services; or User Content that, in the sole judgment of S1M, is objectionable.

Although S1M does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored, or uploaded on (or otherwise made available via) the Services, S1M reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store, or upload on (or otherwise make available via) the Services at your sole cost and expense. S1M takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services.

Except for any information or feedback you provide with respect to requests originating from the Services, you retain ownership of the User Content you post, store, or upload on (or otherwise make available via) the Services. You hereby grant S1M and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that:

you own and control all of the rights to the User Content that you post, store, or upload on (or otherwise make available via) the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; the User Content that you post, store, or upload on (or otherwise make available via) the Services is accurate and not misleading; and S1M’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

User Conduct

You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not, nor will you will permit anyone using your account, to do any of the following in connection with the Services:

use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you by S1M concerning the Services; flag content or report abuse for improper purposes or without good reason; use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates our Terms or any other rules, terms, or polices established from time to time by S1M; attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; create an account or post, store, or upload (or otherwise make available) any User Content if you are not over 13 years of age; use or attempt to use another user’s account without authorization from such user and S1M; modify, adapt, hack, or emulate the Services; use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data; develop any third-party applications that interact with User Content or the Services without our prior written consent; circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third-parties; nor will you infringe upon or violate the rights of S1M, our users, or any third-party.

If we disable your account, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account with S1M.

S1M takes no responsibility and assumes no liability, without limitation to be inferred by such listing, for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter while using the Services. Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and our and their respective directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest, and disbursements) caused by, arising out of, resulting from, attributable to, or in any way incidental to:

your use of the Services or S1M Content; your violation of our Terms or the rights of any third-party; or any User Content you post, upload, use, distribute, store, or otherwise transmit on or through the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL S1M BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE GIFTS (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF CLAIMED GIFTS OR GIFT PROMOTIONS), RELATED PRODUCTS, OTHER ADVERTISMENTS INCLUDED IN OUR SERVICES, DONATIONS, OR SWEEPSTAKES, USER CONTENT, S1M CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), AND EVEN IF S1M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL S1M’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY UNITED STATES DOLLARS ($50.00)—AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED.

Severability

If any provision of our Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of any of the Term’s remaining provisions.

Waiver

Enforcement of our Terms is solely the discretion of S1M and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

Assignment

S1M may assign our Terms and its rights or delegate its obligations under without your consent. All provisions contained in these Terms shall extend to and be binding upon you and S1M’s successors and assigns. You may not assign our Terms to another person or entity.

Information Collection

Users of our Service provide us with information they input into our Services and other information is automatically collected when users access our Service. In order to register for our Services, you may be asked to sign-in using information relevant to and meant to identify you. You may also be asked to sign-in and/or attach accounts with any of your social networks (such as your Facebook or LinkedIn) and their accompanying log-in credentials. By signing in via a social network log-in, you authorize us to access certain social network account information from the social network site you use to log in. This account information is made accessible for our collection and includes information about your social network contacts (such as your Facebook or LinkedIn friends). By allowing us to access your social network account, you understand that we will obtain and may share, without limitation, your name and profile picture, as well as the name and profile picture of any of your contacts. When you register to, or use the Services, or any portion thereof, we may collect and record the information you provide to us, whether this information is provided through the Service, through social networks, or via other third-party services.

Note: If you provide us with personal information of other persons, we warn you that you must do so with their consent, where necessary; and if indeed necessary, you are obliged to inform them of our Terms before providing us with their information (such as if you were to win a sweepstakes that required you to input another party’s information as your accompanying guest).

When you use any of our Services, there is information that is shared with us and collected automatically. For example, when you use our website we collect your IP address and standard web log information (such as your browser type and the pages you access on our website). We may also collect certain geo-location information. If you do not agree to allow us to collect this information, there exists a risk that you may not be able to use our Services.

We will retain and use your information for as long as we deem relevant. If you want us to no longer use your information in the manner as set forth herein, you may notify us of such request at any time by sending an email to the following email address unsubscribe@sports1marketing.com. note that there may be instances where we are legally required or allowed to retain your information.

Third-Party Interactions with Your Data

Through this agreement, S1M may obtain information from other sources and combine that with information we collect through the Service in order to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, including, but not limited to, your name, account information and friends lists—this information being provided in accordance with the authorization procedures determined by the social media site providing it.

There are a number of places on our Service where you may click on a link to access other websites that do not operate under our Terms. For example, if you click on an advertisement on our Service, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information from you, and in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements and terms and conditions of all third-party websites you visit by clicking on any “privacy” or “terms and conditions” links they might provide—these are typically located at the bottom of a webpage. You understand that when you use the Service, information you provide via the Service, information you grant access to by using the Service, as well as any information you share with individuals through the Service, may be available to other users and in some cases made publicly available.

Our Services include social media features, such as connecting to our Service via your Facebook account. Such features may allow the third-party social networking entity you connect to our Service with, to collect information about your IP address and the pages you visit within our Services. The third-party social networking entity may also use cookies to make sure features function properly in combination with our Service. Within our Services, social media features and widgets are either hosted by a third-party or hosted directly on our site. We maintain presences on social media platforms as well, including, but not limited to, Facebook, Twitter, LinkedIn, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done so at your own risk, without any expectation of privacy. We cannot control the actions of other users of any platforms, nor can we control the actions of any platform not ours. Your interactions with the aforementioned features and social media platforms are governed by the privacy policies and terms of conditions of the companies that provide them. We are not responsible for any user or third-party circumvention of any privacy settings or security measures contained on the services.

Where companies provide services to help us with our business activities, we may provide information to companies that can identify you personally. These third-parties are authorized to use your information only as necessary, in the scope of providing services to us. We may also disclose information that is able to personally identify you as it is required by law in compliance with a subpoena, or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you if we are required to provide your Personal Information to third-parties as part of legal process. Your Personal Information will only be shared with third-parties by us as it is provided for in our Privacy Policy and Terms.

Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such content on the Services, including, for the avoidance of doubt, any dealings with third-party Sponsors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Services.

User Age

S1M does not knowingly collect or solicit any information from anyone under the age of 13, nor do we knowingly allow such persons to register for our Services. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at any of the addresses listed in our contact section below.

S1M reserves the right to verify, by means it deems most appropriate, the actual age of any user that has provided their data through this form, and may refuse access to services offered to users not of an “appropriate age.” Further, in such an instance and if we deem necessary, we will proceed to cancel and eliminate an account connected to such an individual.

Contact Information

By Opting In, you acknowledge receipt and review of these Terms. Going forward, it is then your obligation to check that you have reviewed the most up to date Terms in regards to using our Service. We will retain and use your information for as long as we deem relevant. At any time, you may opt out of any future data collection that would occur beyond the date S1M receives and processes your opt out request. Please be aware, opting out may limit or cancel your account completely. Also note that, even if you so opt-out, your Personal Information may still be disclosed to third-parties to the extent that you affirmatively provide it to third-parties through our Service (for example, by posting it using functionality in our Service).

S1M may choose to unilaterally process your record deletion if S1M does not receive any confirmations deemed necessary by us, or for any other reason. If this happens, your data will be cancelled in accordance with the regulations of data protection.

Please contact us if you have any questions or comments about our privacy practices or these Terms. You can reach us online at privacy@sports1marketing.com. You can also reach us via postal mail at the following address:

Sports 1 Marketing Corp
9900 Research Drive
Irvine, CA 92618
United States of America.