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Planet Rock
Lottery Entry Agreement
This Website Usage
Agreement (this "Agreement") sets forth the terms and
conditions that apply to your use of the Planet Rock Casino web
site (the "Site"), which is provided by the Lottery
Channel, Inc. (the "Service Provider"), including, but
not limited to, your participation in the games and contests on
the Site. BY USING THE SITE YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS
AGREEMENT. If you do not agree to the terms and conditions of
this Agreement you should immediately discontinue your use of
the Site.
- Eligibility. The Site’s games and contests are
open to only to Planet Rock members who are eighteen (18)
years of age or older. No purchase or any other form of
consideration is necessary to use the Site or to participate
in any of the Site’s games or contests.
- Judges' Decisions. The decisions of the judges of
the Service Provider are final and binding in all respects.
- Taxes. Taxes, if any, are the sole responsibility
of the game and contest winners.
- Applicable Law. The Site’s games and contests are
subject to all federal, state and local laws and are void
where prohibited.
- Prizes. The Service Provider reserves the right,
exercisable in its sole discretion, to substitute a prize of
equal or greater value.
- Game/Contest Winners. Prior to receiving prizes or
winnings, game or contest winners may be required to: (i)
submit a valid Planet Rock Casino username and password;
(ii) execute an affidavit of eligibility; (iii) affirm their
agreement to the terms and conditions of this Agreement; and
(iv) to execute a waiver of liability satisfactory to the
Service Provider. Failure to comply with any such
requirement, or any other reasonable requirement or request
of the Service Provider, within ten (10) days of the Service
Provider making such request or advising the game or contest
winner of such requirement may result in the
disqualification of the game or contest winner and the
awarding of the prize or winnings to someone else.
- Cancellation. The Service Provider reserves the
right, exercisable in its sole discretion, to discontinue or
cancel any Planet Rock Casino game or any contest at any
time for any reason whatsoever and without notice.
- Use/Participation. The Service Provider reserves
the right, exercisable in its sole discretion, to prevent
any individual or entity from using the Site or
participating in any or all Planet Rock Casino games or
contests. If the Service Provider elects to exercise this
right, any Lotto Bucks accumulated by the individual or
entity whose use or participation is being prevented shall
be forfeited.
- Game/Contest Rules. The games or contests on the
Site may or may not have their own rules. If a game or
contest does have its own rules all participants in the game
or contest agree to be bound by those rules in addition to
the terms and conditions of this Agreement.
- Modification/Amendment. The Service Provider
reserves the right, exercisable in its sole discretion, to
modify or amend this Agreement at any time and without
notice. Any modification or amendment of this Agreement
becomes effective immediately and is binding upon the users
of the Site. The Site may not contain the most current
version of this Agreement. The current version of this
Agreement may be obtained by e-mailing a request to the Webmaster.
- Internet Hyperlinks. The Site may contain
hyperlinks and pointers to the internet sites of third
parties ("Third Party Sites"). The Service
Provider shall not be liable or responsible for the content
of Third Party Sites or for any damages any individual or
entity may incur as a result of their use of Third Party
Sites or their reliance on the content of Third Party Sites.
- Limitation of Liability. IN NO EVENT SHALL THE
SERVICE PROVIDER, ITS SHAREHOLDERS, OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO ANY
INDIVIDUAL OR ENTITY’S USE OF THE SITE OR: (I) RELIANCE
UPON THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO
INFORMATION PROVIDED BY THIRD PARTIES; (II) WITH THE DELAY
EXPERIENCED BY ANY INDIVIDUAL OR ENTITY IN USING THE SITE;
OR (III) WITH THE INABILITY OF ANY INDIVIDUAL OR ENTITY TO
USE THE SITE, EVEN IF THE SERVICE PROVIDER WAS PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE
LIMITATIONS TO THESE TYPES OF DAMAGES DO NOT APPLY WHEN THE
LAW OF SUCH JURISDICTIONS APPLIES.
- Disclaimer of Warranties. THE SITE AND ALL MATERIAL
CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN
LIMITATIONS ON AN IMPLIED WARRANTY. THEREFORE, THE ABOVE
LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY WHEN THE LAW
OF SUCH JURISDICTIONS APPLIES. THE SERVICE PROVIDER MAKES NO
WARRANTY THAT ANY INDIVIDUAL OR ENTITY’S USE OF THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS WILL BE
CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES
THE SITE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE SERVICE PROVIDER IS UNAWARE OF ANY
WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY ANY THIRD
PARTIES. IF, HOWEVER, A WARRANTY IS MADE BY A THIRD PARTY,
EITHER NOW OR IN THE FUTURE, SUCH WARRANTIES ARE NOT
DISCLAIMED BY THIS AGREEMENT.
- Indemnification. Any individual or entity using the
Site shall, and by using the Site does, indemnify and hold
the Service Provider, its shareholders, officers, directors,
employees, and agents harmless from any claims, damages,
costs and expenses, including reasonable attorney’s fees,
arising out or related to that individual or entity’s use
of the Site.
- Use of Winner's Name, etc. For promotional
purposes, the Service Provider shall be permitted to use the
name, address, likeness and prize information of the winner
of any of the Site’s games or contests without limitation
or further permission or compensation.
- Governing Law/Jurisdiction. This Agreement shall be
governed by and construed in accordance with the laws of the
State of Ohio. All claims or disputes arising out of or
related to this Agreement shall be brought in the Court of
Common Pleas of Hamilton County, Ohio, or the United States
District Court sitting in Cincinnati, Ohio, as appropriate.
- Entire Agreement. This Agreement constitutes the
entire agreement between the parties with regard to the
subject matter involved and supersedes all previous
communications or agreements between the parties, whether
written or oral, with respect to the subject matter
involved.
- Severability. If any provision of this Agreement is
declared by a court of competent jurisdiction to be invalid,
illegal, or otherwise unenforceable, then that provision
shall be severed from this Agreement and shall not affect
the validity, legality, or enforceability of the remaining
provisions.
- Trademarks. Planet Rock Casino, Bingo, Keno Express
and Lotto Bucks are trademarks or servicemarks of the
Service Provider. All other trademarks appearing on the Site
are the property of their respective owners.
- Questions. All questions regarding the Site or this
Agreement should be e-mailed to the Webmaster.
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