Terms & Conditions
1. No Purchase Necessary.
Contest open to legal residents of the United States who are at least 18 years of age or older on the date of entry. Employees, directors, and/or officers (including immediate family members or members of the household) of FANFUELED, its subsidiaries, affiliated companies, distributors, advertising, fulfillment and promotion agencies and all other companies or entities associated with the Contest are not eligible to participate. Contest is void where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement and acceptance of these Official Rules which shall be final in all respects.
2. How to Enter.
NO PURCHASE IS NECESSARY TO ENTER OR WIN, and no entry fee, payment or proof-of-purchase is necessary to participate in the Contest. To enter, visit fanfueledengage.com and follow instructions to complete a contest application. Prospective entrants must complete and submit the entry form as instructed to be eligible.
3.How to Play:
There is a limit of one (1) entry per person. The name of the person submitting the contest entry must be the authorized account holder of such email address and phone number, otherwise, entry may be deemed void. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the email address submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address and phone number. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Contest Period. Proof of submission of entry does not constitute proof of receipt of entry. All entries become the property of Sponsor and will not be returned to the entrants. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. To ensure that players generate unique referrals and are not creating fraudulent accounts, players cannot have more than 5 referrals from the same IP address. If a player does, FanFueled will delete all of the points attributed to referrals and will ban the player from that platform. This Sweepstakes is in no way sponsored, endorsed or administered by Facebook©. If you enter, you are providing your information to FANFUELED not to Facebook©. FANFUELED shall select all winners at its sole discretion. Winner will be notified via e-mail and Facebook©. The odds of winning depend on the participation of contestants. FANFUELED will be responsible for all applicable shipping and handling fees. Sweeptakes winners will be responsible for any taxes. If these rules differ from any promotional or other materials published in connection with the Contest, these rules shall control. Questions regarding this Contest should be directed to firstname.lastname@example.org not to Facebook©.
Prizes will be generally awarded as described on the platform. FanFueled will use good faith efforts to ensure that all descriptions are accurate but reserves the right to update, correct and otherwise change the prizes and terms of awarding such prizes. All prize winners shall be determined by FanFueled in its sole discretion. FanFueled shall undertake a good faith effort to contact prize winners, however, due to the temporal nature of certain prizes, FanFueled reserves the right to award any prize to a second participant in the event FanFueled is not able to contact the primary winner as determined by FanFueled in its sole discretion.
Prizes are non-transferable. No cash redemption or substitution will be allowed, except at FANFUELED’S sole discretion. Winners are solely responsible for any applicable taxes on the prize. If the prize is unavailable, FANFUELED reserves the right to substitute a prize of equal or greater value. FANFUELED also reserves the right to cancel or modify the Contest or these Official Contest Rules if fraud, technical failures or any other factor beyond FANFUELED reasonable control impairs the integrity of this Contest, as determined by FANFUELED, in its sole discretion. By participating, where allowable by law, entrant grants to FANFUELED the worldwide right to publish, broadcast and use in any media, including the World Wide Web, participant’s entry, name, picture, and likeness, without limitation, for promotional and advertising purposes without additional compensation. Winner or winner’s guardian may be required, in the sole discretion of FANFUELED, to sign and return an affidavit of eligibility and a liability release within ten (10) days of the issuance of such documents or the prize may be forfeited and awarded to an alternate winner.
By participating in this Contest, you (and if you are a minor, your parents or legal guardians) accept all risk and consequences of entry and participation in this Contest, and agree to release and hold FANFUELED, its officers, directors, affiliates, employees, contractors, subsidiaries, agents and partners harmless from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses, of any kind, under any legal theory, arising from or related to this Contest, including but limited to your entry and participation in this Contest, the acceptance and/or use (or misuse) of any prize, printing errors, any claims based upon rights of publicity and invasion of privacy. Entrant shall indemnify FANFUELED, its officers, directors, affiliates, contractors, subsidiaries, agents, employees and partners from and against all claims or suits and any damages or costs (including reasonable attorneys’ fees) arising from or relating to entrant’s violation or inaccuracy of any warrantees or representations made relating to this Contest. FANFUELED assumes no responsibility for errors which may occur in the transmission of entrant’s entry. FANFUELED is not responsible for any fraud or misconduct on the part of the entrants. Should an entrant engage in fraud or misconduct of any nature, including but not limited to a violation of the Official Rules, such entrant shall be subject to immediate disqualification. FANFUELED reserves the right to terminate, modify or amend the Contest at any time if the fairness, integrity, and or proper administration of the Contest is jeopardized. IN NO EVENT SHALL FANFUELED BE LIABLE TO ENTRANT FOR ANY LOST PROFITS, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST. Entrant’s sole damages shall be limited to entrant’s actual out of pocket expenses, excluding attorneys’ fees. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CONTEST ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois, without regard to any choice of law principles. Entrant agrees that all claims relating to this Contest shall be resolved individually, without resort to any form of class action.
8. Entire Agreement:
These terms set forth the entire agreement between the parties relating to the subject matter hereof, and supersede all prior agreements and understandings relating thereto, whether oral or written.
Event Ticketing T&C
Welcome to the revolution! Before you lose your mind reading the legal terms below – here's a brief background about where we're coming from: We started this because we're fans and we did not feel that there were any ticketing providers out there who truly valued fans. We want fans to be able to share live event experiences with each other without having to pay ridiculous surcharges or hidden fees. We want to make life easier for event organizers and artists by encouraging fans to buy tickets early by rewarding them for their support and encouraging them to share their ticket purchases with friends. We appreciate your support and the information you share with us and we will not take advantage of your trust by inundating you with worthless junk.
1. ACCEPTANCE OF TERMS
The Rhythm Organism LLC, d/b/a Fanfueled LLC ("FanFueled"), provides its services to you subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: Fanfueled.com/legal. In addition, when using FanFueled, you and FanFueled shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
You will not hold FanFueled responsible for other users' (including event holders') content, policies, actions or inactions. You acknowledge and agree that we have no control over and do not guarantee the quality, safety or legality of events advertised, the truth or accuracy of users' content, listings, or ability to perform, or actually complete a transaction.
2. DESCRIPTION OF FANFUELED
FanFueled provides a service to fans and event organizers ("Event Organizers"), allowing fans to purchase tickets to events and share their experience with friends (the "Service"). FanFueled does not own any tickets and is not affiliated with or responsible for, any venue, team, artist, promoter or fan club. Event Organizers come to the FanFueled web site, set up an account for an event, set pricing, location, ticket inventory, etc., and collect registration fees online directly from their event attendees. Once a fan has purchased a ticket they are given an individualized link which may be posted on a number of social networking sites. If someone buys a ticket to the event through the fan's link, the fan gets rewarded.
Fans may earn commissions when they refer friends to an event and that friend buys a ticket – this is the Fuel behind our company – we reward the fans for making events happen. FanFueled uses proprietary tracking software to keep track of how and when people buy tickets though our site. When someone buys a ticket from a fan's unique link, we will credit that fan's account. Fans may use these FanFueled Rewards at any time after the event towards future purchases through FanFueled. If at any time a fan wishes to redeem their FanFueled Rewards in cash, FanFueled will send a check to the address the fan provides within thirty (30) days of the request provided the account balance is in excess of $10 and the recipient can be verified.
3. TICKET BUYER REFUND POLICY
All sales are final. Please carefully review event information prior to purchasing tickets. FanFueled will not refund or exchange tickets unless an event is cancelled or rescheduled. Event Organizers or others outside the control of FanFueled may cancel or reschedule events. It is at the Event Organizer's discretion whether to refund the ticket price or exchange the tickets for an equivalent event should a cancellation or rescheduling occur. Service charges will not be refunded in the event of a rescheduled or cancelled event.
4. FURTHER SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that FanFueled assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FanFueled has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FanFueled has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). FanFueled is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 16 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the FanFueled account, and that said Guardian has expressly given permission to access the Service.
6. ACCOUNT, PASSWORD AND SECURITY
You will create a password and account during the Service 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. You agree to (a) immediately notify FanFueled 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. FanFueled cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using the FanFueled Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a FanFueled representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
k. stalk or otherwise harass another.
You acknowledge that FanFueled does not pre-screen any Content working in coordination with the Service, but that FanFueled and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that FanFueled may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of FanFueled, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
8. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold FanFueled, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
11. MODIFICATIONS TO SERVICE
FanFueled reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. FanFueled will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that FanFueled shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that FanFueled, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due FanFueled, or if FanFueled believes that you have violated or acted inconsistently with the letter or spirit of the TOS. FanFueled may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FanFueled may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FanFueled shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FanFueled has no control over such sites and resources, you acknowledge and agree that FanFueled is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FanFueled shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. FANFUELED'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FanFueled, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. FanFueled grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by FanFueled for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FANFUELED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FANFUELED MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANFUELED OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANFUELED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANFUELED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE SERVICE;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
c. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
d. ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is FanFueled LLC, 400 N. State Street, Suite 410, Chicago, Illinois 60654.
20. TRADEMARK INFORMATION
FanFueled trademarks and service marks, and other FanFueled logos and product and service names are owned by and /or trademarks of FanFueled (the "FanFueled Marks"). Without FanFueled's prior permission, you agree not to display or use in any manner, the FanFueled Marks.
22. GENERAL INFORMATION
a. Entire Agreement. The TOS constitutes the entire agreement between you and FanFueled and governs your use of the Service, superseding any prior agreements between you and FanFueled. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
b. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the state of Illinois, U.S.A as such laws are applied to agreements entered into and to be performed entirely within Illinois by Illinois residents.
c. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and FanFueled agree to submit to the personal jurisdiction of the courts located within the City of Chicago and County of Cook, Ilinois. Either you or FanFueled may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary to protect the rights or property of you or FanFueled (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
d. Invalid Provisions. The failure of FanFueled to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
e. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Answers@fanfueled.com.