Dollar may update and change these Terms from time to time, at any time without prior notice. Your access and/or use of the Website or the Services after any such change means you accept and agree to be bound by such change. You may be subsequently notified of any such changes, and it will be your sole responsibility to review and become familiar with any and all changes.
You must be at least eighteen (18) years of age to open an account, access the Services, participate in Challenges, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Delaware, Florida, Louisiana, Maryland, Iowa, and South Carolina (the “Excluded States”) are eligible to open an account and participate in Challenges offered by the Website. Legal residents of the Excluded States are eligible to open and maintain accounts on the Website for use only (i) in games that do not offer prizes, or (ii) of the e-commerce storefront. Legal residents of Canada are eligible to open an account and participate in Challenges offered by the Website.
Dollar employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner or relative of the Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public Challenges for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following Challenges on the Website: Dollar-sponsored Private Challenge, Private Challenges for cash, or Private Challenges for prizes other than cash. A “Private Challenge” is one that is not listed in the website public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating.
ACCOUNTS AND DEPOSITS
To be eligible to enter any Challenge or receive any prize, the Authorized Account Holder may be required to provide Dollar with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, Dollar will, in its sole and absolute discretion, utilize certain information collected by Dollar to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
You may deposit funds in your account upon the providing of necessary information. Dollar reserves the right to place a limit on the amount of funds you may deposit at any time at a level that we may determine at our sole discretion. If any deposit is charged back or is otherwise uncollectible for any reason, any winnings generated from Dollar Challenges from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Authorized Account Holder’s balance. Dollar reserves the right to close your account – without notice – shall a deposit be charged back, or if it is determined that you are not of legal age in order to access the Website or Services, or you have violated any of the Terms.
Users will be able to visit the Website and view the Challenges available for entry. Each individual Challenge that is not free to enter will have an entry fee listed in US dollars. When you select to participate in a Challenge and complete the entry process, the listed amount of US dollars will be debited from your Dollar account.
Deposits made on our Website will appear on your statement as DOLLAR. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
CONDITIONS OF PARTICIPATION
By entering a Challenge, you agree to be bound by these Terms, the Rules for such Challenge, and the decisions of Dollar, which shall be final and binding in all respects. Dollar, at its sole discretion, may disqualify any entrant from a Challenge, refuse to award benefits or prizes, and/or require the return of any prizes if the you engage in conduct or otherwise utilize any information that Dollar deems to be improper, unfair or otherwise adverse to the operation of the Challenge or is in any way detrimental to other entrants. In the event it is determined your use of the Website or Services is in a manner not consistent with these Terms, Company reserves the right, in its sole discretion, to suspend or terminate your access to the Website or Services, with or without notice, and without any obligation, to you. Such termination or suspension will not terminate or suspend these Terms as applied to your use and access of the Website. The following activities are expressly prohibited:
● Submitting false, misleading, or inaccurate personal information to create an account, enter a Challenge or claim a prize;
● Engaging in any type of financial fraud including unauthorized use of credit instruments to create an account, enter a Challenge or claim a prize;
● Colluding with any other individual(s) or engaging in any type of syndicate play;
● Using a single account to participate in a Challenge on behalf of multiple entrants or otherwise collaborating with others to participate in any Challenge;
● Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a Challenge, entering a Challenge, withdrawing from a Challenge, creating a lineup, and editing a lineup);
● Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
● Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
● Tampering with the administration of a Challenge or trying to in any way tamper with the computer programs or any security measure associated with a Challenge;
● Obtaining other entrants’ information and spamming other entrants;
● Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Website
● Using or accessing any pre-release, confidential information, or other information that is not available to all other entrants of a Challenge and that provides you an advantage in such a Challenge, (“Pre-Release Data”);
● Abusing the Website in any way.
● Taking any action that infringes or violates Dollar’s or third party’s rights (including, but not limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have toward Dollar or any third party;
● Reproducing, duplicating, copying, selling, distributing, trading, exploiting, or using any Website Content or any portion of the Website for any purpose not expressly permitted by these Terms;
● Running, framing, or otherwise displaying the Website Content on any website or other Website;
● Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by the Website;
● Attempting to gain unauthorized access to the Website or Services through hacking, password mining, or any other means meant to interfere with the proper working of the Website or Services;
● Using or accessing the Website or its Services from any jurisdiction or territory in which use of the Website or Services is illegal or impermissible; or
● Modifying, adapting, translating or creating derivative works based upon the Website or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CHALLENGE IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DOLLAR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Dollar from pursuing criminal or civil proceedings in connection with such conduct.
By accessing the Website or Services, entering into a Challenge or accepting any prize, you agree to indemnify, release and to hold harmless Dollar, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) participation in the Challenge, (ii) the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any Challenge related activity, (iii) your use or attempted use of the Website and/or the Services; (iv) your violation of these Terms or any Challenge Rules; (v) any claims based on publicity rights, defamation, or invasion of privacy; and/or (vi) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.
By entering into a Challenge or accepting any prize, to the extent allowable by law, you grant Dollar and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, voice, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. Dollar may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
Dollar is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to participate in a Challenge), including without limitation any injury or damage to you or any other person's computer or video equipment relating to or resulting from accessing the Website or Services or participation in a Challenge; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
All entries become the property of Dollar and will not be acknowledged or returned.
Dollar reserves the right to move entrants from the Challenges they have entered to substantially similar Challenges in certain situations determined by Dollar in its sole discretion.
Dollar may allow you to obtain, purchase or earn virtual items, including but not limited to virtual coins, tokens, trophies, or points (collectively, the “Virtual Goods”) all for use on the Website or Services, including, without limitation, (a) the Challenges; (b) e-commerce storefront; and (c) virtual products and benefits. You may receive for free a certain number of Virtual Goods when you first register an account. You may also receive for free a certain number of Virtual Goods based upon bonuses, rewards, and/or via other methods provided by Dollar through use and/or recommendation of the Services. Dollar also provides you the opportunity to purchase Virtual Goods through the Website for a fee using real money. Your purchase of any Virtual Goods is final and is not refundable, except in our sole and absolute discretion. Prices and availability of Virtual Goods are subject to change without notice.
You may also earn Virtual Goods through activities within the Website, including, without limitation, by winning Challenges. You can use Virtual Goods to play Challenges, or to participate in other Services that may be offered on the Website.
You agree that you will only obtain Virtual Goods from us and not from any third party. Virtual Goods may only be obtained and held by legal residents of jurisdictions where access to and use of the Website and Services is permitted.
From time to time, as determined in our sole and absolute discretion, we may offer weekly, monthly, quarterly, and/or annual prize pool competitions based on your accumulation of Virtual Goods on the Website. Any and all rules for such prize pool competitions shall be publicly made known at the time of the competition, and we reserve the right to cancel or modify such competition, as determined in our sole discretion.
You acknowledge that you do not in fact “own” the Virtual Goods. By acquiring or purchasing Virtual Goods, holders thereof have obtained a limited and revocable license to a digital product for use only in the Website, including, without limitation, the Challenges. This license is personal to the owner of the account, and Virtual Goods may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value) and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. When you purchase a license from us to use Virtual Goods, the performance of our Services begins immediately once your purchase is complete. Account holders may not combine, transfer or share Virtual Goods with other account holders.
Any attempt to transfer, sell or perform other action related to Virtual Goods in violation of these Terms may subject the account holder to termination of his of her account, a lifetime ban from using the Website or Services, and/or legal action. We reserve the right to take any other action or additional action we deem appropriate in our sole discretion in the event we believe (in our sole discretion) that an account holder has violated these provisions.
CHALLENGE PRIZES AND PROMOTIONS
Guaranteed prizes are offered in connection with some of the Challenges offered by the Website. Each Challenge or promotion is governed by its own set of Rules. Dollar encourages you to read such Challenge and promotions Rules before participating.
OTHER LEGAL RESTRICTIONS
CHALLENGE OF SKILL
Challenges offered on the Website are games of skill. Winners are determined by the objective criteria described in the Challenge Rules, scoring, and any other applicable documentation associated with the Challenge. From all entries received for each Challenge, the individuals who use their relevant skill and knowledge to accumulate the winning score or points according to the corresponding scoring rules will determine the winner(s). The Website, Services, or Challenges may not be used for any form of illicit gambling.
CHALLENGE STATISTICS AND LIVE SCORING
To the extent that Dollar offers 'live' scoring during gameplay, all 'live' scoring and other information provided through the Dollar Website and related information sources are unofficial. While Dollar and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Dollar nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. Dollar and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Dollar Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Challenge results and prize calculations are based on the final statistics and scoring results at the completion of the individual or team Challenge. Once Challenge results are reviewed and graded, prizes are awarded. The scoring results of a Challenge will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Dollar's sole discretion.
Dollar reserves the right, in its sole and absolute discretion, to deny any Challenger or Challengee the ability to participate in head-to-head Challenges for any reason whatsoever. Further, Dollar may, in its sole and absolute discretion, invalidate any head-to-head Challenge result for the purposes of preventing any violation of these Terms, Challenge Rules, abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such violation of these Terms, Challenge Rules abusive, illegal, or unfair activity.
At the conclusion of each Challenge, prizes will be awarded immediately upon participants authenticating the final scores or by 12:00 NOON PST on the following day except in circumstances where technical failure, inability of Dollar to verify your compliance with these Terms or Challenge Rules, or other reasons prevent such timely payout. Challenge prizes are listed in our prize table list. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.
Challenge prize payouts will be published with the creation of each new Challenge. Dollar reserves the right, in its sole discretion, to cancel or suspend the Challenges (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Challenge (or any portion thereof) warrant doing so. Notification of such changes may be provided by Dollar to its customers but will not be required.
PAYMENT AND WITHDRAWAL OF PRIZES
Before making any payment, Dollar may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Challenge, is otherwise in compliance with these Terms and Challenge Rules and, potentially, is required to provide documentation or proof of eligibility and compliance. If Dollar requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or Dollar otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, Dollar reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Dollar may pay out any withheld or revoked prizes to the other entrants in the relevant Challenge in a manner consistent with the Rules of the Challenge.
A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honored by the later of five business days or ten business days of submission of any tax reporting paperwork required by law, unless Dollar believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put Dollar in violation of applicable state law. A request for withdrawal will be considered honored if it is processed by Dollar but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the Dollar customer service department.
Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a Dollar account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of Challenges, Dollar reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that Dollar reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
Any withdrawal requests, after approved by Dollar, will be credited back to the same credit card or method of payment used to deposit funds on the Website. Dollar will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
DOLLAR PLAYER RESERVE
Customer deposits and player winnings after Challenges are finished are held in a separate, segregated bank account (the "Segregated Account") held by Dollar Reserve LLC, a legally separate and independent subsidiary of Dollar Dollar Dollar, Inc. Withdrawals made from this Segregated Account, and checks issued from the Segregated Account, may bear the names of Dollar Reserve LLC. Vendors, players, and creditors shall be aware that the funds in the Segregated Account are the property of DOLLAR Player Reserve LLC and do not belong to Dollar Dollar Dollar Inc., and are not available to creditors of Dollar Dollar Dollar Inc., except for players whose funds are held in such account. Dollar Dollar Dollar, Inc. and Dollar Reserve LLC are prohibited from comingling funds held by Dollar Dollar Dollar, Inc. and funds belonging to Dollar Reserve LLC held in the Segregated Account.
Dollar Dollar Dollar, Inc. will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Users are subject to an automated Knowledge Base Authentication ("KBA") verification process provided whenever a user attempts to withdraw funds. This process asks a series of at least four multiple choice questions about the person’s life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, Dollar can and does require its users to produce a copy of their driver’s license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, Dollar will not release the funds from the account. Once per month, Dollar shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account, the PayPal Account, and credits due to Dollar from credit card processors as of the end date of the immediately preceding month.
Players who believe that funds held by or their accounts with Dollar have been misallocated, compromised or otherwise mishandled, may register a complaint with Dollar Dollar Dollar, Inc. online by e-mailing support@DollarDollarDollar.net or in writing to PO Box 368, Chicago Park, CA 95712. Dollar shall use its best efforts to respond to such complaints within ten (10) days. If Dollar determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for Dollar to process the complaint, the response will note the form and nature of the necessary additional information needed.
THIRD PARTY WEBSITES
From time to time, Dollar may provide links and/or be linked to third party websites (“Third Party Websites”), including, without limitation, those pertaining to goods, products, and/or other services believed beneficial to you. Dollar is not responsible, nor does it have any control, over the information, content, accuracy, products, services, or other materials that may or may not be provided by or through Third Party Websites, even if said Third Party Website is run or owned by one of our affiliates. Third Party Websites are not investigated, monitored or checked for accuracy or completeness. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, Dollar’s approval or endorsement of the Third Party Website. Dollar cannot and will not be held responsible for the materials and content on such Third Party Websites, or any subsequent links. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DOLLAR DOLLAR DOLLAR INC., (THE COMPANY) AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Dollar, 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 owners. Dollar reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property 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 Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
DOLLAR DOLLAR DOLLAR AS WELL AS $$$ AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DOLLAR IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Dollar, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of Dollar, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to Dollar, may result in account suspension or termination.
Dollar may refuse or remove a User Submission without notice to you. However, Dollar has no obligation to monitor User Submissions, and you agree that neither Dollar nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to Dollar the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
ARBITRATION, CONSENT TO JURISDICTION IN CALIFORNIA, ATTORNEY’S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Dollar waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Sacramento California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the state of California, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Dollar agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Sacramento County (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Dollar waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.
Unless otherwise stated, no professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Dollar or in any way affiliated or associated with the Challenges.
Third-party online publishers that refer users to the Dollar website shall not be responsible or liable for the Dollar website or any of the content, software, or functions made available on, or accessed through, or sent from, the Dollar website.