Last Updated: September 1, 2009

Acceptance of Terms. The WinTheTrophy.com Website ("Website") is free for your entertainment as a game to pick sports contests, win prizes and socialize with others. It is a national site where its Members can elect to use the Website in accordance with these terms. Your use of the Website, whether as a Member or otherwise, indicates that you fully agree, adhere and are bound by this Terms of Use ("Agreement"). This Agreement is deemed accepted by you upon use of the Website, and is further affirmed by you from becoming a Member.

• WinTheTrophy LLC ("WinTheTrophy") is the operator of this Website. WinTheTrophy reserves all rights to modify the Agreement at will and without notice to you. You are advised to frequently review this Agreement to ensure that you are aware of and agree to be bound to the Agreement during your use of the Website. WinTheTrophy will not be liable for any loss or damage under any circumstance, directly or indirectly, arising from your failure to fully comply with this Agreement.
• This Agreement will apply to your use of the Website. Be sure to read all of the Agreement and follow the instructions during registration to indicate your understanding and acceptance of these terms.
• You must use the Website in a manner consistent with all applicable laws and regulations.
• The Website is for individual use only.
• You may only have one Member account assigned to you. Each Member account will have unique information to identify the Member including a Website-wide unique email address.
• This Agreement does not give any right to any third party or beneficiary.
• International users agree to comply with all local, state, national, international, and other applicable jurisdictional rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
• No purchase or entry fee is necessary to play or win.
• Your assigned and accumulated fantasy cash units (called "chips") have no cash value or redemption value, and are not transferable under any circumstances.
• The game is void where prohibited by law. You must use the Website in a manner consistent with any and all applicable laws and regulations.
• YOU AGREE THAT YOUR USE OF THE WINTHETROPHY WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Term. This Agreement will remain in full force and effect while you use the Website, unless otherwise terminated as provided herein. WinTheTrophy's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

NO GAMBLING. This Website is a game for entertainment purposes only and is not associated with any form of gambling which is strictly prohibited in any form. WinTheTrophy will not tolerate any referrals or promotions to any gambling-related website on this Website. Any use of this information in violation of any state, federal or local laws is prohibited. The site does not endorse, engage in, or provide any gambling activities and does not accept or place wagers of any kind.

• The terms "bet" and "wager" (or variations thereof) as used by the Website excludes any form of gambling and may only be interpreted to mean that nothing of value is or has been staked, risked, initiated, received or otherwise made on the outcome of a sport contest other than personal effort.

Member Account, Password and Security. You will have a password and unique account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

• As part of the registration process, you will be asked to select a username and password. WinTheTrophy may refuse to grant you a username at our discretion. You will be responsible for all activities occurring under your username and for keeping your password secure.
• Your Member account is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address.
• You may never use another Member's account without prior written permission from WinTheTrophy.
• You agree to: (a) immediately and in writing to notify WinTheTrophy of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
• You may never enter information in your Member profile which would identify any email, street address, phone number, messenger ID or generally offensive material including, but not limited to, photographs or representations of nudity and violence.

Accurate Information. If you become a Member, you agree to: (a) provide true, accurate, current and Account Data as prompted by the Website; and, (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. By using the Website, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or WinTheTrophy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, your account may be immediately suspended or terminated at the discretion of WinTheTrophy which will result in forfeiture all current and future prizes and awards and all current or future use of the Website.

Member Submitted Content and Personal Information. The Website allows its Members to create a profile and may contain functionality through which you can submit content in the form of, but not limited to, information, data, messages, photographs, audio, video, text and other materials to the Website ("Your Content") which may be seen by other persons or Members or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. WinTheTrophy is not responsible and does not endorse any of Your Content.

• You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website or any material or information that you transmit to other Members. By posting Your Content on any public area of the Website, you automatically grant as well as represent and warrant that you have the right to grant to WinTheTrophy, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to the Website and that WinTheTrophy has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
• Be aware that neither your profile nor your post may contain or refer to any personal information such as an address, telephone number, other personal identification, nudity, profanity, violence or offensive content of any form.
• WinTheTrophy reserves all rights, in its sole discretion and for any reasons, but is not obligated, to delete, move or edit Your Content by any means, at any time, without prior notice and without liability.
• WinTheTrophy reserves the right to suspend or terminate your access and pursue all legal remedies if any of Your Content infringes any copyright or otherwise violates any law, rule or regulation.
• You are solely responsible for all of Your Content published or displayed through your account, including any email messages, and for your interactions with other Members. Under no circumstance will WinTheTrophy be liable in any way for any of Your Content including, but not limited to, any error(s) or omission(s) in Your Content, or for any loss or damage of any kind.
• You hereby waive any right to any of Your Content. You acknowledge that WinTheTrophy has no obligation to pre-screen any of Your Content and has the right, in its sole discretion, to modify, transmit over various networks, refuse, move, block access to or remove any of Your Content. You agree to bear all risks associated with all of Your Content and to bear all legal responsibility for others' exposure to any offensive indecent, illegal or objectionable content in Your Content.
• The following is a partial list of the type of Content and Activities that are illegal or prohibited on the Website. WinTheTrophy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content and Activities include but are not limited to:
  • Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • Activity that harasses or advocates harassment of another person.
  • Transmitting "junk mail," "chain letters," or unsolicited mass mailing or "spamming".
  • Engaging in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service, including sports picks information.
  • Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  • Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
  • Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18, or considered a minor.
  • Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
  • Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  • Modifying, adapting, translating, or reverse engineering any portion of the WinTheTrophy service.
  • Removing any copyright, trademark or other proprietary rights notices contained in or on the WinTheTrophy service.
  • Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the WinTheTrophy service.
  • Reformatting or framing any portion of the web pages that are part of the WinTheTrophy service.
  • Creating user accounts by automated means or under false or fraudulent pretenses.
  • Submitting materials that falsely express or imply that such materials are sponsored or endorsed by WinTheTrophy.
  • Submitting materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
  • Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive or voyeuristic in nature.
  • Submitting materials that are unlawful or promote or encourage illegal activity.

Termination and Restricted Access. You agree that WinTheTrophy, in its sole discretion and for any reason, may terminate any Member, Member account (or any part thereof) or use of the Website, and remove and discard all or any part of your account or any Member submission, at any time and without cause.

• WinTheTrophy may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any restriction or termination of your access to the Website or any account you may have or portion thereof may be affected without prior notice. You agree that WinTheTrophy shall not be liable to you or any third-party for any such termination.
• WinTheTrophy does not permit infringing activities on the Website. WinTheTrophy reserves the right to terminate any access to the Website and remove any or all content submitted by any person or persons who conducts an infringing activity.
• Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies WinTheTrophy may have at law or in equity.
• You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service.
• It is also a violation of these terms which may lead to the termination of your account to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any Member without their prior explicit written consent. To protect Members from such advertising or solicitation, WinTheTrophy reserves the right to monitor and restrict the number of messages which a Member may send to other Members to a quantity which WinTheTrophy deems appropriate in its sole discretion.
• You may terminate your account at any time, for any reason, by following the instructions on the Website.

Non-Commercial Use. The Website is for the personal use of its Members only and may not be used in connection with any commercial endeavor by any Member except those that specifically receive prior written approval by WinTheTrophy. The Website is only for individual use. No other entity (e.g., organization, company or business) may become a Member and will not use the Website for any purpose.

• Illegal and/or unauthorized use of the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. This specifically prohibits collecting any or multiple usernames, passwords, names, photos, links, email addresses of Members or any other Website content by electronic or other means for any reason.
• Even though these activities are strictly prohibited, any chance that you do become exposed to such items, you further waive your right to any damages from any party related to such exposure.

Eligibility for Use. You must be at least 18 years old to register and use the Website. You use of the Website represents and warrants that you are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation.

• If you are under 18 years of age, you are not permitted to use the Website or any service associated with the Website or access to the Website or its content.
• Participation in the game constitutes Member's full and unconditional adherence to this Agreement and the decisions of WinTheTrophy.
• DO NOT USE THE WEBSITE IF YOU ARE LOCATED IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES.
• Once submitted, entries become the sole property of WinTheTrophy and will not be acknowledged or returned.

Umpires and Referees. The decisions of the global sports officials responsible for officiating the games shall be final and binding regarding the outcome and scoring of each sporting event.

RELEASE. By participating in this game or any promotion or upon receiving a prize, Members (and in particular, winning Members) agree to release and to indemnify and hold harmless WinTheTrophy, related companies, and all of its or their company's officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this game or promotion (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).

Publicity. Except where prohibited, participation in this game constitutes the Member's consent to WinTheTrophy and its or their agents' use of the Member's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.

GENIUS PICKS. "Genius Picks" provide specific information and recommendations intended for news matter and entertainment only, and is offered for a fee to its Members, specifically for playing the free online sports and entertainment competition at the Website.

• All Genius Picks are the property of WinTheTrophy. You have no ownership of or rights to any Genius Picks either as a Member, user or otherwise and under any circumstance.
• Any Member that either posts the Genius Picks on the Internet, sends them to group emails, or attempts to charge others for them will have their service terminated with no refund and full immediate forfeit of any outstanding prize. The Member may also be subject to additional lawful actions.
• The Website will make every effort to send the purchased Genius Pick to the purchasing Member via the email address provided in the Member's Account profile and to the Member's Website account in the form of a message. All sales are final with no exception.
• WinTheTrophy agrees to pay a portion of the Genius Picks fees collected from the purchases of Members in accordance with the then effective distribution rates and policy.
• WinTheTrophy does not profit from correct or incorrect picks, nor liable for any loss or losses incurred as a result of their information, or recommendation. Past performances do not guarantee future results. WinTheTrophy cannot and does not guarantee that all information provided in our services is 100% accurate.
• THE RECIPIENT OF PROCEEDS FROM GENIUS PICKS IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES OR OTHER PERSONAL OBLIGATIONS ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE.

Proprietary Rights in Content. WinTheTrophy owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of WinTheTrophy, and its licensors. Except for that information which is in the public domain or for which you have been given written permission by WinTheTrophy, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Availability and Content of Website and Services. WinTheTrophy may make changes to or discontinue any content, media, contests, web communities, products, or services available within the Website at any time, and without notice. The content, media, products, or services on the Website may be out of date, and WinTheTrophy makes no commitment to update these materials.

Copyright Policy. You may not post, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without first obtaining the prior written consent of the owner of such proprietary rights and providing an accurate and full copy to WinTheTrophy. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, notify WinTheTrophy in writing with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written 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; and, (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Advertisers, Links and Third Party Content. Your correspondence and/or business dealings with, or participation in promotions of, advertisers found on the Website are solely between you and such advertiser. WinTheTrophy or third parties may provide links on the Website to other sites or content ("Third Party Sites"). WinTheTrophy has no control over such Third Party Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites or content linked to by the Website. WinTheTrophy provides links to you as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein.

• You agree that WinTheTrophy shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
• YOUR ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
• When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Site.

GAME MODIFICATION. WinTheTrophy reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this game without advance notice for any reason including, without limitation, if: (i) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the game; or (ii) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). In such event, the winners will be selected by random drawing from all eligible entries received up to the time of such cancellation, termination or suspension, or in such other fashion as shall be considered equitable in the sole discretion of WinTheTrophy.

Agreement Termination. Member may terminate their account immediately at any time, for any reason, by following the instructions on the Website. WinTheTrophy may terminate your membership immediately or at any time, for any reason. Once your membership terminates, you will have no right to use the Website. WinTheTrophy's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices. WinTheTrophy may provide you and you agree to receive notices regarding the Website or this Agreement by regular mail, email or postings to the Website.

Warranty Disclaimer. Members acknowledge that WinTheTrophy and their respective agencies or related companies have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality. To the fullest extent permitted by law, WinTheTrophy, its officers, directors, employees and agents disclaim all warranties, express or implied in connection with the Website and your use thereof. WinTheTrophy is not responsible for any incorrect or inaccurate content or Member entered content in connection with the Website, whether caused by Members of the Website, Members or by any of the equipment or programming associated with or utilized by the Website.

• WinTheTrophy is not responsible for the conduct, whether online or offline, of any Member of the Website.
• WinTheTrophy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
• WinTheTrophy is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website.
• Under no circumstance will WinTheTrophy be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any content or Member entered content on the Website or transmitted to Members, or any interactions between Members of the Website, whether online or offline.
• The Website is provided "AS-IS" and WinTheTrophy expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WinTheTrophy cannot guarantee and does not promise any specific results from use of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons.
• No advice or information, whether oral or written, obtained by a Member from WinTheTrophy or through or from the Website shall create any warranty not expressly stated herein.

Limitation on Liability. In no event shall WinTheTrophy its officers, directors, employees or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our website; (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content, emailed, transmitted, or otherwise made available via the Website, whether based on warranty contract, tort, or any other legal theory and whether or not WinTheTrophy is advised of the possibility of such damages.

• The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
• You specifically acknowledge that WinTheTrophy shall not be liable for Member entered content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
• The Website is controlled and offered by WinTheTrophy from its facilities in the United States of America. WinTheTrophy makes no representations that the Website is appropriate or available for use in other locations.
• Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
• UNDER NO CIRCUMSTANCES SHALL WINTHETROPHY BE LIABLE TO YOU FOR ANY AMOUNT.

Dispute. If there is any dispute about, involving, or arising from the use of the Website, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.

Proprietary Rights. By submitting, posting or displaying any materials on or through the Website, you automatically grant to us a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

• WinTheTrophy and its affiliates and licensors own and retain all rights in the Website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by WinTheTrophy, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of WinTheTrophy's proprietary information.
• "WinTheTrophy" and "WinTheTrophy.com" are trademarks of WinTheTrophy.
• It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Indemnity. You agree to indemnify and hold WinTheTrophy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, damage (actual and consequential), suit, judgment, or demand, including attorney's fees of any kind, whether made by any third party due to or arising out of your use of the Website in violation of and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

U.S. Export Controls. Software from this Website (the Software) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Force Majeure. Without limiting the foregoing, under no circumstance shall WinTheTrophy be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Copyright. The WinTheTrophy game and all accompanying materials are copyright © 2009-2010 WinTheTrophy LLC.

Disclaimers. WinTheTrophy is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. WinTheTrophy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. WinTheTrophy is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email of Members due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

• Under no circumstance shall WinTheTrophy be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or from any of Your Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
• WinTheTrophy cannot guarantee and does not imply, promise, or guarantee any specific results from use of the Website.
• THE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH WinTheTrophy), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WINTHETROPHY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
• YOU AGREE THAT YOUR USE OF THE WinTheTrophy SERVICE IS ENTIRELY AT YOUR OWN RISK.
• Participation by you in any offline Website event means you agree to release and hold WinTheTrophy harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Website event.

Notice. Except as explicitly stated otherwise, legal notices shall be served on WinTheTrophy's national registered agent or to the email address you provide to WinTheTrophy during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, WinTheTrophy may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between WinTheTrophy and any Member of the Website.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WinTheTrophy without restriction.

Other. This Agreement, accepted upon use of the Website, and is further affirmed by you becoming a Member, contains the entire agreement between you and WinTheTrophy with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The failure of WinTheTrophy to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact WinTheTrophy with any questions regarding this agreement.

I HAVE READ AND AGREE TO ALL OF THE TERMS AND PROVISIONS CONTAINED IN THE ABOVE TERMS OF USE AGREEMENT.