| Rewards Service Terms and Conditions|
FOX40 Rewards (the "Service"), operated by Enticent, Inc. and KTXL, Inc. ("FOX40") (together, Enticent, Inc. and FOX40 are referred to as "we", "us" or "our"), is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account, and the forfeiture and relinquishment of all points you have accrued in the Service. We reserve the right to conduct an audit of your account at any time to ensure your compliance with these Terms and Conditions. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program where registered users can accrue points by engaging in certain activities and can redeem points for certain offers ("Rewards"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, contests or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstakes, contest auction or trade-in. Rewards promoted and accessible in multiple markets to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstakes, contest, auction or trade-in. The act of participation in the Service by you constitutes permission to Enticent and FOX40 and their agents to use your name and/or likeness for the purposes of advertising without further compensation. User participation in the Service is free and no purchase is necessary.
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are legal residents of the following California counties: Sacramento, San Joaquin, Stanislaus, Placer, Solano, Yolo, El Dorado, Nevada, Sutter, Yuba, Tuolumne, Calaveras, Amador, Plumas, Colusa and Sierra and who are 18 years of age or older. Employees or agents of FOX40 and Enticent, Inc., and of each of their respective parents and affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the points levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the points required for any Reward; or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. To use the Service, you must have internet access and a valid email account. You may not register with a disposable email address. We are not responsible for your inability to successfully connect to the Internet, to log into this site, to gain access to your Service account or to participate in any activity associated with the Service, nor are we responsible for service outages or delays, computer difficulties or other technological glitches. Only one member account per person and two member accounts per household are allowed. If you are under 18 years of age, do not post information about yourself on the website or complete the registration process as you are not eligible to participate in the Service. Eligible participants can, among other things, review accumulated points, review the Rewards Service Terms and Conditions as amended from time to time, and review redemption options at http://www.fox40rewards.com
You will receive an account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your points accrued will be forfeited.
To earn points, you must undertake an activity described in a Service-authorized promotion for earning points, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet websites, registering for a designated product or service or engaging in other online activities for which points will be awarded in connection with the Service. For each friend or other person that you refer, you can earn points upon confirmation of your referral’s membership with the Service. You also will be rewarded a percentage of the total points that your primary referrals earn on their use of the Service. We expressly reserve the right to change the rate at which referred points are credited and to limit the amount of referred points credited to your account each week to an overall maximum number of points that may be less than the number of member referred points that would have been credit based on the current percentage being paid. We also expressly reserve the right to establish additional means of accruing points, to delete any or all of the means currently in effect, to exclude specific types of transactions from the accumulation of points or to specify periods after which unused points will be forfeited. Points can be accrued only for activity actually taken and completed by you or by your primary referrals and can be applied only to your account. You may earn points from only one computer or network access point at any given time; simultaneous activity on multiple computers for one account will not be credited. Streaming activity is further limited to one stream at a given time. You may accrue points simultaneously for non-streaming activity, provided it is in accordance with the conditions regarding network access and multiple computers. In the event points are posted to your account for transactions that are subsequently voided, we will reduce the points accrued in your account by the number of points earned for the corresponding voided transaction. We will use reasonable efforts to allocate earned points to each user's account. However, you are responsible for ensuring that your points are properly credited. If you believe that points have been earned but not credited, or in cases where we deem verification is required, we reserve the right to require proof of accrual, including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of points by you and proof of accrual within three months after the date such points are claimed to be earned. Points accumulated through participation in the Service have no cash value. You will not be entitled to compensation of any kind for points lost through internet, browser, server or other technical errors of any kind or lost through discontinuation of the Service. Points will be maintained in your account until they are redeemed for a Reward or for 6 months or are forfeited whichever occurs first. Each month, all points that are more than 6 months old will be deleted from your account. All decisions regarding point balances, Rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.
You may redeem points accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. Bidding your points for Rewards in our Auctions will be subject to our rules applicable to such auctions . You also may use your points to submit Sweepstakes or contest entries, each of which is subject to our rules for sweepstakes. Some Rewards provided through the Service by way of auctions, contests, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstakes, contest, auction or trade-in. Rewards promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstakes, contest, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, contests, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. All active bids and sweepstakes or contest entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes or contest entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes or contest. Points earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In some cases, Rewards you select are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Rewards will be shipped only to locations within California.. Any rules of the merchants relating to returns and exchanges apply, but no points will be re-credited to your account. You are responsible for taxes, if any, due on points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or points under any circumstances.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of points or redemption of Rewards may result in forfeiture of accrued points as well as the termination of your account. You are solely responsible for any fraudulent use of the Service or of your points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any points, or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING POINTS FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR GROUP OF MEMBERS TO DIRECT, ENCOURAGE, OR ALLOW A GROUP OF MEMBERS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING POINTS FOR ONE INDIVIDUAL’S USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
From time to time, Service participants will be allowed to submit content to Service pages in the form of text, photos, videos, etc. Submission of such content shall be governed by FOX40’s terms of service at http://www.fox40.com/about/ktxl-termsofservice-footer,0,826930.htmlstory .
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of points, use of Rewards, or other participation in the Service. You may be required to sign a liability release prior to acceptance of an item.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove points from your account as a penalty, terminate your access to the Service or deactivate your membership account if we determine that you have violated our Terms and Conditions.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service, including, without limitation, any information or content you post to the website or any interference with the operation of the Service.
Any controversy or claim arising out of or relating to these Terms and Conditions, Rewards, or the Service with the exception of those controversies or claims specifically excluded below, shall be determined by arbitration at a neutral location within the United States convenient to both parties before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred in arbitration in accordance with the terms of this paragraph): (i) Operator and their affiliates and licensors may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending their intellectual property rights in any court or forum of competent jurisdiction; and (ii) Operator and their affiliates and licensors shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce these Terms and Conditions.
You and Operator agree that any arbitration shall be limited to the dispute between Operator and you individually. To the full extent permitted by law: (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Jurisdiction/Choice of Law
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Operator agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of California and the venue for adjudication or disposition of any such dispute will be in County of Sacramento, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. These Terms and Conditions and the relationship between you and Operator shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Statute of Limitations
You further agree to file any claim regarding any aspect of the Site or these Terms and Conditions within one year of the time in which the events giving rise to such claim began, or you agree to waive such claim.
The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Enticent, Inc., KTXL, Inc. and/or their licensors, which reserve all rights to such property.