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Effective: December 1, 2019
THIS IS A BINDING CONTRACT. YOU SHOULD READ ITS TERMS CAREFULLY BEFORE YOU PARTICIPATE IN THE ONECOUNTRY GIVE OR USE THE WEBSITE.
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT ONECOUNTRY MAKES FROM TIME TO TIME IN ACCORDANCE HEREWITH.
If you do not agree to this TOU, you may not use the Site or the Service.
You may not use the Service and you may not accept this TOU if you are not at least sixteen (16) years of age. If you use the Site and/or Service, or you click "I Accept" if presented with this TOU in a click-through format, you represent to OneCountry that you have the legal capacity to be bound by this TOU. OneCountry may amend this TOU at any time by posting the amended TOU on the Site, and you agree that you will be bound by any changes to this TOU. The effective date of this TOU is included at the top of this page. OneCountry may make changes to the Site and/or the Service at any time. You understand that OneCountry may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
(a) OneCountry, through the Service, provides certain promotions on the Site ("Promotions") for chances to win prizes as provided on the Site ("Prizes") (the chances to win Prizes through the Promotions are referred to as the "Sweepstakes"). Participants may enter Promotions by creating an Account (defined below) and by either using the Free Alternate Methods of Entry (as defined in the Rules), by making a Donation, or by using any other free mechanisms that OneCountry provide from time to time. No purchase, payment or other financial contribution is necessary to enter or win a Promotion and the Free Alternate Methods of Entry are always available for all Promotions. The Promotions and all entries thereto are void where prohibited by law through no further act of any party. In addition, if you are registering for or participating in a Promotion, participation is subject to OneCountry's Official Sweepstakes Rules and Regulations available through the Site and any other rules and regulations applicable to such Promotion, as they may be amended and/or restated from time to time (collectively, the "Rules"). If this TOU conflicts with or is inconsistent with any of the Rules, this TOU shall be controlling.
(b) OneCountry reserves the right, without prior notice and at any time, to terminate any Promotion and/or the Service, in whole or in part, or modify or suspend any Promotion and/or the Service, or any portion thereof, in any way, if it determines, in its sole discretion, that the Promotion and/or Service is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Promotion and/or Service or if OneCountry determines, in its sole discretion, that the Promotion and/or Service is otherwise not feasible. In the event OneCountry is prevented from continuing with the Promotion and/or Service as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within OneCountry's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, OneCountry shall have the right to modify, suspend, or terminate the Promotion and/or Service. Only the type and quantity of Prizes described in the Rules will be awarded as provided under the Rules. If, due to printing, production, or human errors, or for any reason, more potential winners in any Prize category come forward seeking to claim Prizes in excess of the number of each type of Prize as set forth in the Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available in the Prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s) in that Prize category. Inclusion in such drawing shall be your sole and exclusive remedy under such circumstances.
(c) OneCountry employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a OneCountry, employee, director or manager may not win the offered Promotions.
YOU MAY ELECT TO AUTO-RENEW ANY PURCHASE YOU MAKE USING THE SERVICE. IF YOU AGREE TO AUTO-RENEWAL, YOUR CREDIT CARD WILL BE CHARGED EVERY SUCCESSIVE THIRTY (30) DAYS. AUTO-RENEWAL SHALL BE VOID WHERE PROHIBITED. YOU MAY CANCEL ANY FUTURE PURCHASES PURSUANT TO THE AUTO-RENEWAL BY SENDING AN EMAIL TO: email@example.com.
(a) You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (1) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (2) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person's use of the Site and/or the Service; or (3) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (1) is defamatory, harmful, abusive, obscene or hateful; (2) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (3) performs any unsolicited commercial communication not permitted by applicable law; (4) constitutes harassment or a violation of privacy or threatens other people or groups of people; (5) is harmful to children in any manner; (6) violates any applicable law, regulation or ordinance; (7) makes any false, misleading or deceptive statement or representation regarding OneCountry and/or the Site or Service or (8) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
(b) You agree that you will not (1) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or Software data; (2) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (3) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or (4) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a Sweepstakes (or multiple Sweepstakes) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.
(c) You agree and understand that all data, information, text, software, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. OneCountry does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, OneCountry does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that OneCountry may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service and that OneCountry's pre-screening of any Content is not a representation, warranty, promise or covenant of OneCountry to pre-screen any other Content. You agree and understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. You agree that under no circumstances will OneCountry be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service and you hereby release OneCountry from all such claims.
(d) The Site may provide forums and/or chat features enabling users to post user observations and comments. OneCountry makes no representation or warranty that other members or users will not use the ideas and/or information that you share and you release OneCountry from all claims therefor. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. You agree OneCountry shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service. You agree OneCountry has no responsibility or liability for the use, misuse, appropriation or misappropriation of the ideas and/or information shared by any member or user on the Site.
(e) All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to OneCountry in connection with your use of the Site or Service, such as your suggestions regarding improvements that OneCountry make to the Site or Service (collectively, "Comments") will become OneCountry's exclusive property upon submission thereof. Such disclosure, submission or offer of any Comments shall constitute an immediate assignment to OneCountry of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of express or implied contract, breach of confidentiality, misappropriation, conversion, estoppel and any other legal theory relating to submissions. Thus, OneCountry will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to OneCountry if you do not wish to assign such rights to OneCountry. You agree OneCountry is not under any obligation with regard to your Comments, including to: (1) maintain any Comments in confidence; (2) pay to you or any third party any compensation for any Comments; or (3) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant OneCountry the right to do the same. You hereby irrevocably waive any claims against OneCountry based on moral rights and similar theories, if any.
(f) Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored by OneCountry as necessary to provide the Service and may be disclosed: (1) when OneCountry has a good faith belief that it is required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (2) to satisfy any applicable laws, regulations, court order, order of any government agency or subpoena; (3) where OneCountry believes that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (4) when OneCountry has a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (5) in order to protect the rights or property of OneCountry, including to enforce this TOU. By entering into this TOU, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
(g) When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. You hereby agree to indemnify OneCountry for any claim against it resulting from or related to your breach of this Section 7(g). The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
(h) The Site and the Service are operated by OneCountry in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so at their own peril and are responsible for compliance with applicable local laws.
(i) Any and all rights in the online services are and shall remain the exclusive property of OneCountry or its licensors. For purposes of clarity, "online services" includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, "content") as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with OneCountry's or its licensors' rights. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, "Use" includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. OneCountry reserves all other rights. You acknowledge the online services may include inaccuracies or errors.
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and OneCountry as a result of this TOU or your use of the Site, the Software or the Service.
(b) OneCountry may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this TOU without OneCountry prior written consent, and any unauthorized assignment by you shall be null and void.
(c) If any of the provisions of this TOU is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
(d) In the event any litigation is brought by either party in connection with this TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
(e) Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by OneCountry of any provision, condition or requirement of this TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
(f) All notices given by you or required under this TOU shall be in writing and addressed to: OC Media Holdings, LLC, 918 W. Henri De Tonti Boulevard, Springdale, Arkansas 72762 Attn: Sweepstakes Department.
(g) You hereby agree that OneCountry would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that OneCountry shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as OneCountry may otherwise have available to OneCountry under applicable laws.
(h) This TOU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and OneCountry with respect to subject matter herein and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and OneCountry with respect to the Site, the Software and/or the Service.
All questions and concerns regarding this TOU should be directed to firstname.lastname@example.org