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Swift Media Entertainment, Inc. (“Blitz”, “we”, “us”, “our”, the “Host” or “Sponsor”) offers a platform and software tools designed to enhance gaming experiences by empowering players with expert analytics designed to help them improve and win more.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BLITZ AND/OR ANY PRIZE PARTNER (DEFINED BELOW) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 “BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION
1. Acceptance of Terms
2. Changes to these Terms or the Services
We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on our websites, to the Blitz App and/or may also send other communications via e-mail or as in-app notifications. It is important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, it shall mean that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on our website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Blitz at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Conditions of Participation in Contests
These Terms apply to all Contests. Where specified, a Contest may also have Additional Terms set forth by a Prize Partner.
4.2 Riot Games
The Blitz App is compliant with Riot Games’ terms and conditions. In the event the Blitz App or the Contest conflict with or are found to be in violation of Riot Games’ terms and conditions or other rules, the Host may alter, or terminate a Contest at any time.
4.3 Prize Partner
Contests may involve a prize partner (“Prize Partner”) who supplies prizes for a Contest and receives certain aggregated and de-identified information about the Contest. For Contests involving a Prize Partner, the Prize Partner will have no liability or responsibility for a Contest or the prize distribution but will be solely responsible for honoring any prize gift codes, coupons or vouchers. The Prize Partner is intended to be a third-party beneficiary of these Terms.
Contests are open to all natural persons who are legal residents of the United States (excluding Florida) and District of Columbia (the “Territory”) who are at least eighteen (18) years old at the time of entry (the “Entrants”), unless a higher age limit is specified in any Additional Terms. Entrants shall not include persons residing in other territories, such as Puerto Rico, Guam, or the US Virgin Islands, or any other jurisdiction where a Contest is prohibited. At the time you enter the Contest and complete missions that earn points, you must be physically located in the Territory. Entrants also shall not include employees, or shareholders of the Host and their family members. Contests are subject to federal, state, and local laws and regulations. Offer and participation are void where prohibited by law. Host reserves the right to verify eligibility and to adjudicate any dispute at any time. If you provide any false information relating to any Contest concerning your identity, residency, contact information, or information required for entering a Contest, you may be immediately disqualified from a Contest in the Host’s sole discretion.
4.5 Delivery of Prizes
All prizes will be delivered by the Host to each winning Entrant (each a “Winner”) via the email associated with the Winner’s Blitz App account. The Winner will be solely responsible for any tax obligations that arise as a result of receiving the prize. The prize will be fulfilled by Host within seven (7) days of the verification of eligibility and compliance with the Terms and Additional Terms by all Winners. If the Winner does not take action to claim prizes within seven (7) days of receiving the prize, the Host and Prize Partner make no representations or warranties that the prize will be redeemable.
Each prize must be accepted as awarded, without substitution, and is not transferrable, refundable, available for resale or convertible to cash. If a prize, or any component of a prize, cannot be awarded as described for any reason, the Host may substitute the same for another prize or component of equal or greater value, without notice or liability. If a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
4.6 Winner Qualification
If a Winner cannot be contacted, the prize is returned as undeliverable, or the Host cannot verify the Winner’s eligibility or compliance with the Terms and Additional Terms, Winner forfeits any right to the prize. All Entrants and the Winners (as applicable) must continue to comply with all provisions of these Terms and the Additional Terms and winning is contingent upon fulfilling all other applicable requirements, as determined by Host. If a Winner is disqualified for any reason, Host will use best efforts to award the prize to an alternate Winner using the Ranking, from among all remaining eligible entries. Host will only attempt to award an alternative prize twice, after which the prize will remain un-awarded, to the extent permitted by law.
4.7 Publicity Rights
By entering a Contest, you consent to the Host’s use of your name, voice, likeness, image, photograph, location, social media account names, submission information, and any other content produced as a result of entering a Contest and/or winning a Contest (the “Material”) in connection with the promotion, marketing, and making historical reference to the Contest and Host’s products and services. This license is a worldwide, fully paid-up, royalty free, sublicensable and transferable license. Host and its Prize Partner 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 a Contest. Entrants agree that Host 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 Host or other contests or games operated by Host. You agree that winning of a prize in connection with a Contest constitutes 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. If you win a Contest, you agree to execute additional documents and releases as reasonably needed to effectuate this license.
5. Contest Rules
5.1 Additional Terms for Contests
In some instances, both these Terms and separate guidelines, or rules, setting forth additional or different terms and/or conditions will apply to your participation in Contests (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms, for Contests we offer as part of the Services, a Contest’s event page may include specific limitations on eligibility and entries, additional instructions on how to enter and deadlines and qualifications for entry, a description of the prize(s) and how you can win such prize(s), any additional terms set forth by us or a Prize Partner. Such Additional Terms will be posted on the Contest’s event page during the applicable Contest period and will govern your participation in, and our execution of, each such Contest. Any such Additional Terms are incorporated into these Terms by this reference.
The official timekeeping clock for the entry period of each contest shall be the Host’s clock. Entrant’s entry must be received by the Host within the entry period to be entered into a Contest. During the entry period, Entrants will be permitted to enter Contests by completing the following steps (collectively, the “Entrance Method”), as well as the specific steps in each Additional Terms:
5.3 General Terms
In the event that the operation, security, or administration of a Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event a Contest is unable to run as planned for any other reason, including, without limitation, the cancelation or delay of any event that is integral to the Entry Method, as determined by Host in its sole discretion, the Host may, in its sole discretion, either (a) suspend a Contest to address the impairment and then resume a Contest in a manner that best conforms to the spirit of these Terms or (b) terminate a Contest and, in the event of termination, award the prize to the non-suspect entries received up to the time of the impairment based on the then-current Ranking. The Host reserves the right in its sole discretion to disqualify any individual or groups of individuals it finds to be tampering with the entry process or the operation of a Contest or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Host or undermine the legitimate operation of a Contest may be a violation of criminal and civil law, and should such an attempt be made, the Host reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Host to enforce any provision of these Terms and the Additional Terms shall not constitute a waiver of that provision.
5.4 Winner List
To receive a list of the Winners who received the prize in a Contest, any individual may request the same by mailing a self-addressed, postage-paid envelope along with the name of the Contest to 5340 Alla Road, Suite 100, Los Angeles CA 90066.
6. Links to Third Party Websites or Resources
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
7. Warranty Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. You acknowledge that Blitz has no control over, and no duty to take any action regarding what effects the Services may have on you; how you may interpret or use the Services; or what actions you may take as a result of having been exposed to the Services.
Blitz is not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of the Services; (2) downloading any information during the course of use of the Serviced; and/or (3) violation of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties, as such the foregoing disclaimer may not apply to you in its entirety.
By using the Services, including entering in a Contest, you agree to indemnify, defend, and hold harmless Blitz, any Prize Partner, and their affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents from: (a) any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of the use of Blitz, Riot Games, and League of Legends, as well as the conduct of a Contest, your violation of these Terms, Additional 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. This includes the use by the Host of Entrant’s entry submission or Winner’s Material as set forth here and in Additional Terms. Blitz 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 us in the defense of such matters.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BLITZ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ADDITIONAL TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR AVAILING OF THE SERVICES FORMING THE SUBJECT MATTER OF THE GRIEVANCE OR FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLITZ AND YOU.
10. 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.
10.1 Initial Dispute Resolution
Our Customer Support Department is available by email at firstname.lastname@example.org any concerns you may have regarding the Services. Our Customer Service Department can resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
10.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins 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, by using the Services, including entering in a Contest, you agree that should a dispute arise in any manner concerning or relating to this Agreement between you and Blitz and/or any Prize Partner, including the arbitrability of this Agreement, other than injunctive relief and equitable relief, the dispute shall be submitted to and settled by binding and confidential arbitration administered by JAMS in accordance with the provisions of the Streamlined Arbitration and Procedures, excluding any rules or procedures governing class or representative actions.
Except as set forth in Section 10.5, 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, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. 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. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Blitz to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Blitz will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 10 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
10.4 Class Action Waiver
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 BLITZ 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 there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
10.5 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 elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
10.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Swift Media Entertainment, Inc., PO Box 661039, Los Angeles, CA 90066. The notice must be sent within 30 days of your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Blitz also will not be bound by them.
10.7 Changes to this Section
Blitz will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Blitz does not have actual notice are subject to the revised clause.
For any dispute not subject to arbitration you and Blitz agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Blitz shall be governed by the laws of the State of New York without regard to conflict of law provisions.
11. General Information
11.1 Entire Agreement
These Terms (and any Additional Terms that Blitz or a Prize Partner may post on the Services) constitute the entire agreement between you and Blitz with respect to the Services and supersedes any prior agreements, oral or written, between you and Blitz. In the event of a conflict between these Terms and the Additional Terms in particular contests, the latter will prevail over the Terms to the extent of the conflict.
11.2 Waiver and Severability of Terms
The failure of Blitz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
11.3 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11.4 Section Titles
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 Services may contact us using the relevant contact information set forth below.
Swift Media Entertainment, Inc.
PO Box 661039, Los Angeles, CA 90066