THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 18.
1. Acceptance of Terms
Except for Section 18, providing for binding arbitration and waiver of class action rights, AIAW reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on the Service. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
3. Description of the Service
All In All Win, Inc. is the sponsor of Classic Car Gaming. The Service is set up as a fantasy prediction website, whereby players will be invited to place non-obligatory fantasy bets (i.e. best estimates of final auction results) (each a "Fantasy Bet") on designated automobiles and classic car auctions. Entrants will be given the opportunity through their Fantasy Bets to build "Fantasy Dollars" and "Free Coins" as more fully set forth below. Players will also have the ability to win prizes, which is also detailed below. Unless specified otherwise, starting August 11, 2016, monthly competitions on the Service will begin the first day of every calendar month at 12:00am PST and end the last day of every calendar month at 11:59pm PST. Yearly competitions on the Service will begin every year on January 1st at 12:00am PST and end December 31st at 11:59pm PST.
The Service is open to everyone around the world to participate. Restrictions do apply to contest and sweepstakes winners. By participating in the Service, you hereby unconditionally accept and agree to comply with and abide by these Terms, the Official Gaming Rules, and the decisions of AIAW, which shall be final and binding in all respects. You also hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
Winners of sweepstakes or contests warrant that they are a legal resident of one of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age, or the age of majority in their state of residence, whichever is older. Void in Florida and Rhode Island and where prohibited by law. AIAW employees and each of their immediate family members (parents, children, siblings, spouse) and/or people living in the same household (whether related or not) are not eligible to win a prize and may only use the Service for the purpose of testing Service functionality and the user experience. Consultants, partners, or promoters of the Service may play in contests and sweepstakes without such limitation, but only if (i) their arrangement with AIAW does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
In order to participate in all sweepstakes and contests on the Service, you must be able to represent and warrant that:
- You are not involved in any way with the purchase or sale of a vehicle in which you are betting or bidding on in the Service;
- You are not involved in any way with an auction in which you are betting on in the Service.
- You are not listed on any U.S. Government list of prohibited or restricted parties;
- You will abide at all times by these Terms and any other agreements between you and AIAW regarding your use of the Service;
- You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding;
If you do not meet the eligibility requirements of this section, then you are not authorized to win a prize or receive other forms of monetary compensation through your use of the Service. Prior to receiving a prize, potential winners will be required to execute an Affidavit of Eligibility, a Liability Release, appropriate tax documents, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). To the extent AIAW requests that you fill out such an affidavit and you fail to do so within seven (7) days, or AIAW otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that AIAW may have in law or equity, AIAW reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, AIAW will pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest or sweepstakes, to be precisely determined by AIAW in its sole discretion.
You may establish, maintain, use and control only one account on the Service. In the event AIAW determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that AIAW may have, AIAW reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
5. Conditions of Participation
In order to participate in a contest or sweepstakes on the Service, you must register for a free account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or AIAW has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, AIAW may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
After registration, follow the instructions for each contest and sweepstakes described below. No automatic dialers or other automated entry devices, bots and/or other programs and/or software are permitted for entry. All entries become the sole and exclusive property of AIAW and will not be returned. AIAW is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Only fully completed and legible entries are eligible. Only one entrant per email account, in the event more than one entrant is entered from the same email account, only the first entrant will be eligible, subsequent entries will be disqualified.
FREE COIN PLAY ("Free Coin Contest"): Players will be given one hundred (100) Free Coins each day they login to their account. They can then use these coins to place fantasy bets on the results of featured classic car auctions and vehicles. Players will attempt to build and maintain the highest Free Coin balance, and the player with the highest balance for the calendar month will receive a predetermined, promoted, and published prize. Alternatively, the player with the highest balance for the calendar year will receive a predetermined, promoted, and published prize. Free Coin players need to create a free account in order to receive their one hundred (100) free daily coins. Players must login to their account in order to receive daily coins. If a player does not login to their account on a given day, they will receive no free coins for that day. Limit one account per person. Multiple entries per entrant will NOT be accepted for the Free Coin Contest and duplicate entries will be discarded. Odds for bets will be determined by the Service and are considered final once made public. Winners will be determined and announced monthly and annually. Monthly winners are determined at the conclusion of every calendar month, and your Free Coin balance will be reset on the last day of each month at 11:59pm Pacific Time.
FANTASY DOLLAR PLAY ("Fantasy Dollar Sweepstakes"): Players purchase Fantasy Dollars with real money and for each Fantasy Dollar they purchase, they are entered to win a predetermined, promoted, and published prize. The price for 10 Fantasy Dollars is $1.00 USD. Only Fantasy Dollars purchased with real money, or by AMOE (Alternative Method of Entry), will be counted as entries into the Fantasy Dollar Sweepstakes. Fantasy Dollars won during game play and/or as bonuses in the Service will not count as sweepstakes entries. Multiple entries per entrant will be accepted for Fantasy Dollar Sweepstakes. Winners will be selected and announced monthly and annually. Monthly winners are selected the first day after the conclusion of every calendar month. Months are defined by each of the 12 calendar months. Annual winners will be selected at random from all eligible entries over a 1 year period, based on a calendar year. Each year will span from January 1st to December 31st. Odds of winning are based on the number of entries received.
AMOE (Alternative Method of Entry) for Fantasy Dollar Sweepstakes: You may also enter the Fantasy Dollar Sweepstakes by mail as follows. On a plain 3" x 5" index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3" x 5" card to: "Fantasy Dollar Sweepstakes", All In All Win, Inc., 2001 S Eastwood Ave, Unit E, Santa Ana, CA 92705. To be considered eligible in the sweepstakes, AMOE entries must be received at least one business day before the sweepstakes deadline. AIAW is not responsible for lost entries. One entry per envelope, however multiple entries per person are allowed for Fantasy Dollar Sweepstakes AMOEs. Odds of winning are based on the number of entries received.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that AIAW in its sole discretion deems offensive. AIAW may require you to change your Username. If a user is requested to change their Username and the change is not made, AIAW may terminate the account in its sole discretion. Portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify AIAW of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service's Restricted Areas. AIAW cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that AIAW is authorized to act on instructions received through the use of your Username and Password, and that AIAW may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from AIAW. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to info [at] ClassicCarGaming [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
AIAW reserves the right to cancel contests, in our sole discretion, without any restrictions. AIAW in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award Fantasy Dollars, Free Coins, or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct AIAW deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules, accumulating Fantasy Dollars, Free Coins, bonuses or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants' information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent AIAW from pursuing criminal or civil proceedings in connection with such conduct. Further, the Service MAY NOT BE USED FOR ANY FORM OF ILLEGAL GAMBLING.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries or bets in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of AIAW corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), AIAW reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Service.
The failure of AIAW to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of AIAW (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms. AIAW reserves the right to modify, extend, suspend, or terminate the Service, in whole or in part, if it determines, in its sole discretion, that the Service or any particular portion of the Service is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond AIAW's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Service or a particular Service area as contemplated herein.
By entering a contest, you consent to AIAW and its service providers' and business partners' use of your name, voice, likeness, address (city and state) and photograph for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to AIAW for up to 10 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the contest or other AIAW products, services or events, without additional compensation. AIAW and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that AIAW may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of the Service, AIAW or other contests or games operated by AIAW. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
6. Game Rules
Classic Car Gaming is a game of skill. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant classic car auction sales information and fantasy gaming rules to accumulate the most fantasy points. Fantasy points are accumulated through the sale or no sale of classic cars across multiple classic car auction events. Winners are determined by the criteria stated in each contest's rules. See Official Gaming Rules for details.
AIAW offers different types of contests and sweepstakes. There is no entry fee to particiapte in Free Coin Contests. To enter the Fantasy Dollar Sweepstakes, users must purchase Fantasy Dollars, or use the AMOE. For each contest or sweepstakes, any potential entry fees and prizes will be announced in advance. For a summary of potential fees and prizes for currently open contests please visit the Service.
Contest and Sweepstakes Term
AIAW offers contests and sweepstakes for multiple events that have a variety of durations. Unless specified otherwise, starting August 11, 2016, contests and sweepstakes will begin the first day of every calendar month at 12:00am PST and end the last day of every calendar month at 11:59pm PST. Annual contests and sweepstakes will begin January 1st at 12:00am PST and end December 31st at 11:59pm PST.
7. Winner Selection/Scoring
Prize calculations are based on the results as of the time when final scoring is tabulated by AIAW. Once winners are initially announced by AIAW, the scoring results will not be changed in light of official adjustments made by third party classic car auctions, or other industry sources, though AIAW reserves the right to make adjustments based on errors or irregularities in the transmission of information received from stats providers or in the calculation of results. AIAW also may make adjustments in the event of noncompliance with the Terms. AIAW has no obligation to delay the awarding of a prize in anticipation of any adjustment, and they reserve the right to reverse payments or awards in the event of any adjustment. You agree to cooperate with AIAW's efforts to reverse payments or awards if deemed necessary.
FREE COIN CONTEST: Players will attempt to earn the highest return on their five (5) free daily coins, and the player with the highest return for the week (Monday through Sunday) will receive a predetermined, promoted, and published prize.
In the event of a tie for all Free Coin Contests, additional criteria (in the following order) will be used to break the tie:
1. Player who won more bets.
2. Player who logged in more days that month.
3. Player who had the biggest single win.
4. Player who was first to login during the given month.
5. Remaining players will receive the prize.
Monthly winners will be determined by who amasses the most Free Coins over a 1 month period, and the player with the highest Free Coin balance for the month wins! Months are defined by each of the 12 calendar months. Annual winners will be determined by who amasses the most Free Coins over a 1 year period, based on a calendar year. Each year will span from January 1st to December 31st. Winners will be determined and announced monthly and annually. Monthly winners are selected at the conclusion of every calendar month, and your Free Coin balance will be reset on the last day of each month at 11:59pm Pacific Time.
FANTASY DOLLAR SWEEPSTAKES: Winners will be selected at random from all eligible entries. Monthly winners are selected the first day after the conclusion of every calendar month. Months are defined by each of the 12 calendar months. Annual winners will be selected at random from all eligible entries over a 1 year period, based on a calendar year. Each year will span from January 1st to December 31st.
Top players, and sweepstakes and contest winners, will be acknowledged on the Service's leaderboard.
After each contest and/or sweepstakes ends, the tentative winner(s) are announced but remain subject to final verification. To be eligible to win, players must comply with eligibility requirements and applicable rules. Prizes are added to the player's account balance, or mailed to the player's provided mailing address. Prizes are awarded to two (2) different groups of players. Free Coin players and Fantasy Dollar players.
Free Coin Contest:
Three (3) Monthly Winners will receive a predetermined prize that cannot be substituted, transferred, or given in cash or cash equivalent. Actual values may vary depending on actual prize. The approximate retail value ("ARV") of the Monthly Winner Prizes is variable.
Three (3) Yearly Winners will receive a predetermined prize that cannot be substituted, transferred, or given in cash or cash equivalent. Actual values may vary depending on actual prize. The ARV of the Yearly Winner Prizes is variable.
Odds of winning depend on the accuracy of each entrant’s predictions, the number of visits to the Service, and the timing in which predictions are received.
Fantasy Dollar Sweepstakes:
Three (3) Monthly Winners will receive a predetermined prize that cannot be substituted, transferred, or given in cash or cash equivalent. Actual value may vary depending on actual prize. The ARV of the Monthly Winner Prizes is variable.
Three (3) Yearly Winners will receive a predetermined prize that cannot be substituted, transferred, or given in cash or cash equivalent. Actual value may vary depending on actual prize. The ARV of the Yearly Winner Prizes is variable.
Odds of winning depend on the number of entries received.
In the event that the awarding of any prizes to winners of a contest or sweepstakes is challenged by any legal authority, AIAW reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of a winner on the Service, AIAW is the sole judge and its actions are final and binding.
At the end of each calendar month (11:59pm PST), winners will be determined as described above. The potential winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Potential winners will be notified within 2 business days after the close of the contest or sweepstakes, unless winners cannot be determined due to circumstances beyond AIAW's control, in which case potential winners will be notified as soon as AIAW is able. AIAW shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, the potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Terms or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. AIAW will successively attempt to contact additional potential winners of the prize until a winner has been found available and eligible.
GENERAL PRIZE CONDITIONS: No cash alternative or prize substitutions will be allowed, except AIAW reserves the right to substitute prize(s) of comparable value if the prize listed is unavailable for any reason. The prize winners shall be solely responsible for all federal, state, provincial and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, AIAW reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be awarded only if the potential prize winner fully complies with these Terms. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and any other Service materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Terms will be determined by AIAW in its sole discretion.
WINNER LIST: A list of winners and winner's names for each competition period may be obtained by sending a self-addressed stamped envelope to: All In All Win, 2001 S. Eastwood Ave, Unit E, Santa Ana, CA, 92705. Also include the specific competition of inquiry.
In early January each year all winners who have won $600 or more in valued prizes must provide updated address and social security details to All In All Win, 2001 S. Eastwood Ave, Unit E, Santa Ana, CA 92705. These details will be used to file a 1099-MISC with the Internal Revenue Service.
Bonuses and Promotions
We frequently offer bonuses to new users and for other marketing purposes. Bonuses are added to a player's account either upon initial signup, or during gameplay. Unless otherwise stated, any unconverted pending bonus remaining in a player's account 60 days after it has been initially credited, may be removed. Any Fantasy Dollar bonus a new or existing user receives is to be used in competitions on the Service and cannot be withdrawn for real money. In the event of abuse of the bonus system by any user, AIAW reserves the right to retract your user bonuses.
All currency used in the Service is virtual currency (including all Free Coins and Fantasy Dollars), and cannot be withdrawn for real money.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by AIAW. By way of example, and not as a limitation, you agree not to:
- Abuse, harass, impersonate, intimidate or threaten other Classic Car Gaming users;
- Post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- Use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- Interact, engage, or request access to information from classic car auctions or sellers of classic cars featured on the Service that is not available to the public;
- Attempt to influence the play in any classic car auction event that is the subject of a competition on the Service in which you are involved or in which you have a direct or indirect interest. Meaning if you are involved in any way with an auction or the purchase or sale of a vehicle at a featured auction, you may not participate in bets or bids associated with that particular vehicle and/or auction;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Classic Car Gaming user;
- Create or submit unwanted email ("Spam") to any other Classic Car Gaming users;
- Infringe upon the intellectual property rights of AIAW, its users, or any third party;
- Submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- Use artificial means, including creating multiple user accounts, to inflate your position and standing with the Classic Car Gaming leader boards and community;
- Advertise to, or solicit, any user to buy or sell any products or service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- Sell or otherwise transfer your profile.
You understand that all Content made available on the Service by a user ("User Content"), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not AIAW, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will AIAW be liable in any way for any User Content. You acknowledge that AIAW may or may not pre-screen User Content, but that AIAW and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant AIAW an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed. You are solely responsible for your interactions with other users of the Service. AIAW reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree to release and to indemnify, defend and hold harmless AIAW and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, injuries, death, inconveniences, delays, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting in whole or in part, directly or indirectly, from your use of the Service, your violation of these Terms, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. AIAW reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AIAW in the defense of such matter.
11. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that AIAW has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release AIAW from all liability for you having acquired or not acquired Content through the Service. AIAW makes no representations concerning any Content contained in or accessed through the Service, and AIAW will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
12. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AIAW NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF AIAW HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AIAW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AIAW FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
13. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by AIAW or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by AIAW, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because AIAW has no control over such sites and resources, you acknowledge and agree that AIAW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AIAW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
15. Termination and Suspension
AIAW may terminate or suspend all or part of the Service and your Site account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Site account, you may contact us via the Contact Us form accessed through the Contact Us link at the buttom of each page with a note saying you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with AIAW regarding restoration of your account only via the Contact Us form on www.ClassicCarGaming.com.
16. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
17. Notice and Procedure for Making Claims of Copyright Infringement
AIAW may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide AIAW's Copyright Agent a written Notice containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
AIAW's Copyright Agent can be reached via mail at: All In All Win, 2001 S. Eastwood Ave, Unit E, Santa Ana, CA 92705. To be valid, a Notice must be in writing and must follow the instructions above. Please also make use of the contact information in this Section to notify us of alleged violations of other intellectual property rights.
18. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available via our Contact Us form on www.ClassicCarGaming.com to address any concerns you may have regarding the Service. You can also contact us through the Provide Feedback form, which is accessible on the lower left of all pages on the Site. Our Customer Service Department is able to resolve most concerns quickly to our players' satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administer.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Class Action Waiver
By participating in the Service, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Service, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Service, but in no event will entrant's attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ALL IN ALL WIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
19. General Information
These Terms cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of AIAW. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. These Terms (and any additional terms, rules and conditions of participation in particular contests that AIAW may post on the Service) constitute the entire agreement between you and AIAW with respect to the Service and supersedes any prior agreements, oral or written, between you and AIAW. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.