OODLES PROGRAM TERMS AND CONDITIONS
1.1 The GSN Oodles Program (the "Program") is a paperless, electronic customer loyalty program operated by or on behalf of Game Show Network, LLC ("GSN"). The Program provides members of the Program ("Members" or "you") with the opportunity to earn "Oodles" by participating in various activities, some of which are described below. You can redeem your Oodles from time to time for various "Awards" as set forth below. These Terms and Conditions govern the Program. Please read these Terms and Conditions carefully before participating in the Program. By participating in the Program, you unconditionally agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms GSN or any other person or entity, as determined by GSN in its sole discretion.
2.1 The Program is open only to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are registered members of GSN.com (the "Website") and who are 13 years of age or older as of the time of participation. Members who are under the age of 18 may be subject to redemption restrictions that do not generally apply to how Oodles are redeemed. Officers, directors and employees of GSN and its respective parents, subsidiaries, divisions and affiliates, (collectively, "Program Entities") may participate in the Program but may not be allowed to redeem Oodles for certain Awards and may otherwise be subject to restrictions that do not generally apply to how Oodles are earned or used. Any person whose access to the Website and/or WorldWinner.com has been terminated or suspended by GSN are NOT eligible to participate in the Program. To become a registered member of GSN.com (registration is free), go to the Website, submit the information requested on the registration page and confirm your agreement to the Website's Terms of Service, which include these Oodles Terms and Conditions by reference. For the sake of completeness, the Website's Terms of Service, located at http://www.gsn.com/cgi/corporate/terms.html are incorporated herein by this reference. Once you have registered at GSN.com, GSN will send you an email at the email address you provided to GSN. This email has a validation link. To become a GSN.com user, you must click on this email validation link. Upon clicking the email validation link, you will be automatically registered as a member of GSN.com, and a Program account (each, an "Account") will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. You cannot have more than one Account. GSN may, at any time, require you to verify your name and address by means of faxing or mailing to GSN a copy of your driver's license, passport or other form of identification approved by GSN, in addition to providing GSN with a signed statement of legitimacy; and GSN may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Oodles in your Account may be forfeited, and GSN may, at its sole discretion, terminate your membership and permanently ban you from using the Website and/or any other GSN service. Additional or different eligibility criteria may apply to certain opportunities to earn Oodles and other invitations made by the Program Entities or their business partners. Limit one (1) Account per person. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It is fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Oodles for combined use, unless such use is expressly permitted by GSN.
3. EARNING OODLES.
3.1 There are many ways to earn Oodles on the Website or through programs and invitations offered by the Program Entities alone or in conjunction with GSN's business partners. Some of the ways to earn Oodles include the following:
3.1.1 Daily Trivia Question
From time to time, a "Daily Trivia Question" will be featured on the Website. The number of Oodles that can be earned by correctly answering the Daily Trivia Question will be disclosed when the question is presented. Program Members will have one (1) opportunity to answer each Daily Trivia Question. The Daily Trivia Question may be susceptible to more than one correct answer, but only the answer designated as the winning correct answer by the GSN will be accepted as the winning answer.
General Prize Conditions: Each prize winner is responsible for paying any federal, state, provincial, VAT and/or local taxes and for any other fees or costs associated with the applicable prize. Any person winning over $600 in prizes from GSN will receive an Internal Revenue Service ("IRS") Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. If required by law, as determined by GSN in its sole discretion, GSN reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States or Canada (excluding Quebec). The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner (or a minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), such winner may be disqualified and an alternate winner may be selected. Canadian residents may need to correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, prior to being declared a winner.
Eligibility: Sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are 18 years of age or older as of the time of entry. Officers, directors, and employees of GSN and its parent, subsidiary and affiliated companies (collectively, the "Promotion Entities") and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse) and/or those living in the same household of any such employees, whether or not related, are ineligible to enter any of the Sweepstakes or win a prize. Limit one (1) prize per Account/person/family/household per Sweepstakes and one (1) prize per Account/person/family/household during any thirty (30) day period for any contest or sweepstakes conducted by GSN unless otherwise determined by GSN in its sole discretion.
How to Enter: To enter an online Sweepstakes you will need to interact with the online entry mechanic that has been set up for the Sweepstakes, which may take the form of an entry page on a website that is owned or controlled by a Program Entity or an applicable GSN business partner, a widget, a social networking page or some other mechanic (each, for ease of reference, referred to in this Paragraph 3.1.2 as a "Promotional Website") that asks for certain information in order to complete the entry. Any other methods of entry will be communicated on the Promotional Website or as part of the Promotional Materials soliciting entries for the Sweepstakes in question. Limit one (1) entry per person and/or e-mail address or Account per day. The entry deadline for each Sweepstakes will be on the Promotional Website or the corresponding Promotional Materials. All entries must be received before the applicable entry deadline in order to participate. The Promotional Website's database clock will be the official time keeper for each Sweepstakes.
If an alternative method of entry is offered in connection with any Sweepstakes, then unless otherwise set forth in the applicable Promotional Materials, to enter via mail (available for all eligible entrants): hand print in ink on a on a 8 1/2" x 11" sheet of paper, the name of the sweepstakes, your full name, complete home address and zip code, home telephone number and area code, month and year of birth. Mail your completed entry form in a business size (#10) envelope with proper postage affixed to: Attn: GSN AMOE Entry, GSN, 21 Hickory Drive, Waltham, MA 02451. No metered mail will be accepted. No copies, facsimiles or mechanical reproductions will be accepted. GSN assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Limit one (1) entry per outer mailing envelope. Mail-in entries are also subject to any other generally applicable entry limits.
NOTE: Internet entry must be made by the entrant, only at the applicable Promotional Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. The use of any device to automate the entry process is prohibited.
Winner Notification: The potential winner(s) of each Sweepstakes will be notified using the email address provided at the time of entry. GSN may announce a potential winner's first and last name, username, city and state/province, and cable, satellite or telco operator on-air during any program telecast on GSN. Each participant acknowledges that the announcement and/or posting of a winner's name in or on any program, Promotional Website and/or other media does not automatically make such participant a winner and that winning a prize is subject to verification of such potential winner's eligibility and compliance with the Official Rules for the applicable Sweepstakes. The notification email may ask the winner (or, or if such winner is under the age of majority in his or her state of residence [a "minor"] such minor's parent or legal guardian) to provide contact information so that GSN can send the prize to the winner. GSN shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner does not respond within ten (10) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with this Paragraph 3.1.2 or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. In the event of a dispute as to the identity of the entrant, the affected entry will be deemed submitted by the Account holder, provided such Account holder must still meet the eligibility requirements for the Sweepstakes. A potential winner may be requested to provide the GSN with proof that the potential winner is the Account holder associated with the winning entry. If a dispute cannot be resolved to GSN's satisfaction, the affected entry will be deemed ineligible.
Prizes/Odds: The prizes that are offered in each Sweepstakes will be described in the Promotional Materials or otherwise as part of the Sweepstakes entry process. Prizes pictured or described in the Promotional Materials or otherwise are for illustrative purposes only. All aspects of prizes not otherwise described will be determined by GSN in its sole discretion. No cash alternative or substitution of prizes will be allowed, except GSN reserves the right in its sole discretion to substitute prize(s) of comparable or greater value if any prize is unavailable, in whole or in part, for any reason. Odds of winning a Sweepstakes whose outcome is based on chance depend on the number of eligible entries received for that Sweepstakes.
General Prize Conditions: Each prize winner is responsible for paying any federal, state, provincial, VAT and/or local taxes and for any other fees or costs associated with the applicable prize. If required by law, as determined by GSN in its sole discretion, GSN reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States or Canada (excluding Quebec). The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner (or a minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), such winner may be disqualified and an alternate winner may be selected. Canadian residents may need to correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, prior to being declared a winner.
General Release: Participation in a Sweepstakes and/or any Oodles-earning opportunity constitutes each entrant's permission for the Program Entities and those of GSN's business partners that are involved in the Sweepstakes in question to use entrant's first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of the prize(s) won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Program Entities and those of GSN's business partners that are involved in the Sweepstakes in question shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize. GSN assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Promotional Website or participating in a Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, GSN is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. GSN reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Sweepstakes or the Promotional Website, to be acting in violation of this Paragraph 3.1.2, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Sweepstakes, or to annoy, abuse, threaten or harass any other person, and GSN reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. GSN reserves the right to modify, extend, suspend, or terminate any Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond GSN's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, GSN will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described on the Sweepstakes entry page corresponding with a particular Sweepstakes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in this Paragraph 3.1.2, 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). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. This Paragraph 3.1.2 cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of GSN. The invalidity or unenforceability of any provision of this Paragraph 3.1.2 shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Paragraph 3.1.2 shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
Winner's List:If GSN so elects or if legally required, the names of the prize winners and/or the prize winners' usernames will be posted on the applicable Promotional Website.
3.1.3 Other Online Opportunities
From time to time, GSN may provide Members with opportunities to earn Oodles by completing various actions on the Website (each, an "Online Oodle Opportunity"). Online Oodle Opportunities include, but are not limited to: (i) becoming a GSN.com member; (ii) playing a free game on the Website; (iii) downloading a Bingo card in connection with BingoAmerica; (iv) submitting a phone number in connection with GSN Live; and (v) registering as a "cash player" on GSN's affiliate, www.worldwinner.com. Please visit the Website for the complete details of any Online Oodle Opportunity, which are subject to change or preemption without notice.
3.1.4 GSN Television Shows
From time to time, GSN may provide Members with opportunities to earn Oodles while watching GSN television shows ("Television Oodle Opportunity"). Please visit the Website for the complete details of any Television Oodle Opportunity, which are subject to change or preemption without notice.
3.2 The Program may award more than one type or "class" of Oodles. The number and type of Oodles ("Oodles Level") that can be earned by participating in any opportunity to earn Oodles will be disclosed when the opportunity is presented. In accumulating Oodles, you may not rely upon continued Oodles or Award Levels. GSN, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any Oodles or Award Level.
4. OODLES REDEMPTION.
4.1 Members may redeem Oodles for merchandise, digital or other virtual assets and other awards of any type or nature as determined by GSN (each, an "Award") and as featured in the "Redemption Store" or other GSN websites or GSN partner websites. Instructions for redeeming Oodles will be disclosed when the redemption opportunity is presented. The Oodles Redemption Store is located on the Website. GSN, in its sole discretion, may impose a limit on the number of Awards in the aggregate or by type that may redeemed per Account, per day, per Award or per any other generally-applicable metric that may be selected by GSN from time to time in its sole discretion.
4.2 Oodles are redeemable for the applicable Awards posted on the Website and/or in the Redemption Store or as otherwise issued by GSN. Awards are subject to availability as determined by GSN in its sole discretion. GSN reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The amount of Oodles required to redeem any Award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by GSN or its designee or the third party business partner supplying the Award. Awards are non-assignable and non-transferable and may not be bartered or sold. Any Awards assigned, transferred, bartered or sold in violation of these Terms and Conditions may be confiscated or cancelled. Awards will be shipped only to the address currently on file with GSN for the applicable Member's Account and will not be shipped to any other person or address. A pattern of redeeming Oodles for Awards preceded or followed by changing the address for the applicable Account is construed as redemption fraud and could result in the termination of your membership in the Program. GSN reserves the right to substitute Awards of comparable or greater value if any redeemed Award is unavailable for any reason. Awards will be fulfilled within six to eight weeks from date of redemption. Awards pictured in Promotional Materials, point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only.
4.3 From time to time, the Redemption Store may feature a "Mystery Box" Award. The Mystery Box Award (if any) will appear in the Redemption Store as a gift box with a question mark. The text describing the Mystery Box will provide examples of what Award(s) may be contained in the Mystery Box. The Mystery Box may contain more than (1) Award. Please note that the Award(s) described in the Mystery Box text may not be in the Mystery Box should you select it as your Award. The actual Award(s) in the Mystery Box will be selected by GSN in its sole discretion and may not be returned or exchanged.
4.4 All details and restrictions of the Awards not specified in the Redemption Store or otherwise at the time the redemption opportunity is presented will be determined by GSN in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. If required by law, as determined by GSN in its sole discretion, GSN reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
4.5 Oodles have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any Oodles obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Oodles must be redeemed in accordance with these Terms and Conditions. Oodles will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. GSN reserves the right, in its sole discretion, to determine and modify, at any time, the value of Oodles and the amount of Oodles that may be earned for any given activity. Oodles cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion.
4.6 You can view your Oodles Account balance and a limited transaction history by logging onto your Account.
5. MODIFICATION AND TERMINATION.
5.1 GSN may modify any of these Terms and Conditions, including, but not limited to, the methods through which Oodles can be earned, how Oodles can be used, the types or "classes" of Oodles available, and the conditions under which Oodles may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Oodles that he/she has already earned. The Program has no predetermined termination date and may continue until such time as GSN decides to terminate the Program. GSN may, in its sole discretion, modify or terminate the Program at any time, with notice on the Website and/or via email to the Member's email address currently on file with GSN for their Account.
5.2 Members will have up to six (6) months from the date Program termination is announced to use their remaining Oodles. Use of any remaining Oodles will be on a first come, first serve basis and otherwise subject to the availability of Awards and Sweepstakes. Members may not rely on continued Award and Sweepstakes availability. GSN makes no representation or warranty about the number or type of Awards that may be available after Program termination has been announced, and many Awards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Oodles remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. GSN may cancel your membership, cancel accumulated Oodles, alter the amount of Oodles in your Account or suspend your membership privileges at any time with immediate effect if GSN determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Oodles, Oodles usage or Oodles redemption; or (e) engaged in any conduct or act that causes GSN to terminate or suspend your access to the Website. GSN may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit GSN in its exercise of any legal or equitable rights or remedies.
5.3 GSN reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by GSN and announced from time to time on the Website. GSN in its sole discretion may allow Members to prevent their Oodles from expiring by following GSN's instructions.
5.4 If GSN amends these Terms and Conditions, it will revise the "last updated" date located at the bottom of these Terms and Conditions. For changes to these Terms and Conditions that GSN considers to be materials, GSN will place a notice on the Website by revising the link on the home page to read substantially as "Updated Oodles Terms and Conditions" for up to sixty (60) days. If you continue to participate in the Program by earning Oodles, redeeming Oodles, logging onto your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
6. GENERAL TERMS AND CONDITIONS.
6.1 ACCRUED OODLES DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. OODLES ARE CREDITS THAT GSN MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. OODLES ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Oodles earned from engaging in any activities, the Member must contact GSN to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, GSN reserves the right to seek damages from any such person to the fullest extent permitted by law. GSN's failure to enforce any of these Terms and Conditions shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Oodles, or a Member's compliance with these Terms and Conditions will be resolved by GSN in its sole discretion.
7. PROGRAM MALFUNCTIONS AND CONDUCT.
7.1 The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Oodles. In no event will Promotion Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Oodles. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GSN which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, GSN reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as GSN deems appropriate. In the event GSN is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 GSN's control (each a "Force Majeure" event or occurrence), GSN shall have the right to modify, suspend, or terminate the Program.
7.2 Any attempts by any Member to access the Program or Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. GSN, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms of Service of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass GSN, its representatives or any other Member in any manner related to the Program (vi) or tampering with, altering, or attempting to alter Oodles standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Oodles, (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Oodles, or (ix) posting or publishing the answer to any Daily Trivia Question in any medium, including, without limitation, the Website.
8. LIMITATION OF LIABILITY.
8.1 This Program is provided on an "AS IS" basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. GSN is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Award. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
8.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT GSN HAS IMPROPERLY DENIED THAT MEMBER ANY OODLES, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF OODLES. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT".
10. GOVERNING LAW/JURISDICTION.
10.1 ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR THE PROGRAM ENTITIES IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA. AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS.
10.2 The state and federal courts located in Los Angeles, California shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms and Conditions, and by participating in the Program, each Member hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
10.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Effective Date: July 15, 2010.