Last Updated: July 13, 2017
Welcome to PCHkeno!
These terms and conditions ("Terms") apply to the use of the PCHkeno
website and App experience (the "Site"). Your use of the Site and/or
participation in the Publishers Clearing House sweepstakes (each a
“Sweepstakes”), and any other contests, events, games, tasks or other
promotions contained on or available through the Site (collectively the
"Promotion") constitutes your acceptance of these Terms and will give rise
to a binding contract between Publishers Clearing House LLC ("We," "Us," or
"Our") and you ("You" or "Your"), consisting of these Terms, the Official
collectively, are referred to below as the "Agreement."
The Publishers Clearing House services provided on the Site (collectively, the "Services") are subject in all respects to the Agreement. As We endeavor to bring you a rewarding Site experience, changes and improvements may be required from time-to-time by Us in Our sole discretion. Please review these Terms frequently to ensure that You are aware of any changes.
1. Account Information.
If You suspect fraud or any unauthorized use of Your Account, please contact customer service immediately.
If for whatever reason We suspect You are in violation of section 13 (Fraudulent Activity Policy) hereof, or are otherwise ineligible to participate in the Services available on Our Site, We have the right to restrict Your transaction without any notice owed to You.
(a) General. There is no fee payable by You for the privilege of using the Site and no purchase is necessary to participate in the Sweepstakes. Your access to the Site is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. You agree to use the Site solely for Your own personal, non-commercial, entertainment purposes. If You are a prize winner in the Sweepstakes, You are also required to grant to Us certain publicity rights. Please see Section 10 of these Terms and the Official Rules for more information. These Terms do not grant You or any other party any right, title or interest in the Site or any content available within the Site.
(b) Virtual Items. The Site offers, as part of its Services, the ability to earn Tokens, a virtual currency, through gameplay and various actions. Notwithstanding anything contained herein to the contrary, You acknowledge and agree that (i) none of Your earned Tokens have any "real world" monetary value outside of the Site; and (ii) that Tokens are not Your property and that You have no proprietary right, title or interest in or to any of them. By earning Tokens on the Site, You are acquiring only a limited, revocable, non-transferable license to use the Tokens on the Site. The license to use the Tokens will continue only for so long as the Agreement remains in place and We continue to offer the Site. If for any reason We terminate this Agreement or otherwise revoke Your access to the Site and use of the Services, Your license to use any Tokens will terminate as well.
You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability. We reserve the right to stop offering and/or supporting the Site or any part of the Services, at any time, either temporarily or permanently, in Our sole and absolute discretion. In the event We exercise this right, Your license to access the Site and use the Services will be suspended or terminated as the case may be. You are not entitled to compensation for loss of such access or use.
To use the Site or the Services, You must be a natural person, who is a legal resident of the United States, is assigned the email address submitted with Your registration, and is otherwise eligible under the Official Rules. In the event of any conflict between these Terms and the Official Rules as to eligibility or any other matter relating to Sweepstakes or Promotions, the Official Rules will control. See the Official Rules for details and additional information.
5. Equipment and Data Charges.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of the Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Site.
You are responsible for any mobile charges that You may incur for using the Site, including, but not limited to, data charges. If You have any questions regarding mobile charges, please contact your service provider.
6. Use of Personal Information.
7. Proprietary Rights.
All or portions of the Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Site, or other aspect of the Services or the Sweepstakes, for any purpose whatsoever.
8. Rules for the Sweepstakes.
Any Sweepstakes entry opportunity made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Sweepstakes, You will become subject to the Official Rules, which may vary from these Terms or the official rules that govern other sweepstakes or promotions sponsored by Us. We urge You to review the Official Rules and Sweepstakes Facts for each Sweepstakes or Promotion in which You choose to participate. See the Official Rules and Sweepstakes Facts for details and additional information.
Entering any prize available through the Site shall, unless prohibited by law, constitute a grant to Us by You of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered, at any time, Your name, picture, voice, likeness, biographical information, the amount of any prize and the Sweepstakes from which it was won and/or any quotation, statement, image or other content that You are willing to provide, for promotional purposes without additional compensation and without additional consent.
The views expressed by users of Our Site do not necessarily reflect Our views.
11. Password Policy.
Access to the Site and the use of the Services may require You to use log in information consisting of an email address and a password. During the registration process for the Site, You choose a unique sign-on password to become a user of the Site and gain access to restricted areas of the Site. Only one user can use each email address and corresponding password. Anyone with knowledge of both Your email address and password can gain access to the restricted portions of the Site. By using the Site, You agree to keep Your password secret. In particular, You agree to be solely responsible for the confidentiality and use of Your password as well as for any communication or interaction entered through the Site when using Your password. You will immediately notify Us if You become aware of any loss or theft of Your password or any unauthorized use of Your password. We reserve the right to delete or change a password at any time and for any reason.
12. Enforcing Security on the Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on the Site without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will comply with all court orders involving requests for such information.
13. Fraudulent Activity Policy
The Site strictly prohibits user fraud and abuse relating to access to the Site or use of any Services made available on or through the Site. In accessing the Site or using any Services, or any other activities, products or services offered by or through the Site, You represent and warrant that: (a) all information You supply is complete and accurate, (b) You are not acting in violation of any applicable laws, rules or regulations or of these Terms, and (c) You will not circumvent or attempt to circumvent any provision of these Terms or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in or displays behavior that may be interpreted, in Our sole and absolute discretion, as the use of unfair, improper or unauthorized methods or activities on the Site, including (but not limited to) the opening and/or use of multiple accounts, the use of multiple devices simultaneously, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Site from a foreign or otherwise ineligible location or IP address, using automated technology, proxy servers or other means to conceal Your identity, intentional poor play in certain games in order to achieve a broader competitive advantage, collusion with other players or any other act or circumstance that unfairly alters Your chance of winning, gives You an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of the Agreement, any breach of the security of Your Account or the Site or any other activity that We, in our discretion, deem to be abusive (collectively, "Abuse"), shall be subject to immediate sanction (as determined in Our sole and absolute discretion), including without limitation: (1) Your Account may be terminated without notice and Your access to the Site blocked; (2) any entries submitted will not be valid and You will not be eligible to win; (3) any “winning” invalid entries will be void and may report a losing result; (4) any prizes, winnings and any other representative of value (if any) that You may otherwise have been entitled to receive shall be void and forfeit; and (5) any prizes, winnings or representative of value already received by You shall be subject to disgorgement and/or recoupment.
14. Digital Millennium Copyright Act Compliance
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Site which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof and believe that any content on the Site infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
· Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
· A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. No Redistribution or Resale.
You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of the Site for commercial purposes.
16. No Interference or Circumvention.
You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, scripting, spider, spyware, adware, etc.) that is designed to or does in fact: (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on the Site; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to users (e.g. pop-up advertisements) without Our express written permission; or (c) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of the Site or the Services; or (d) make the Site or the Services incapable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site and the Services or any Sweepstakes or Promotion included therein.
17. Linking and Framing.
You agree not to bypass or attempt to bypass the home page of the Site and “deep link” or bookmark to any other page in the Site, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.
18. Third Party Products/Services.
You acknowledge and agree that the Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquired through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Site.
19. Advertisers on the Site.
In Our sole discretion, We may post advertisements from and by third parties on the Site. Your transactions or correspondence, or any other dealings, with advertisers found on the Site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on the Site.
20. Links to Other Sites.
We may provide links, in Our sole discretion, to other sites on the World Wide Web for Your convenience in locating related information, products and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, materials, accuracy of the information and/or quality of products or services provided by or advertised or on third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
21. Events Beyond Our Control.
You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
22. Representations and Warranties.
By using the Site, You represent and warrant the following: (a) You have the right, power and authority to enter into and perform the Agreement; (b) any information that You provide when registering to access the Site and use the Services is accurate, truthful, reliable and current; (c) You have the legal right to submit any content provided by You and no such submission or use of any such content by Us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party, and (d) You will not access the Site or use the Services to violate any federal, state and/or local law or to infringe the rights (including intellectual property rights) of any third party.
23. Disclaimer of Warranties.
THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ACCESS TO THIS SITE AND USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR ACCESS TO THE SITE OR USE OF THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
24. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY (IN WHOLE OR IN PART) TO YOU.
25. Reliance upon Limitations.
The parties acknowledge that they have entered into the Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in the Agreement will survive and apply even if found to have failed of their essential purpose.
You agree to indemnify, hold harmless and defend Us, Our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) the Agreement and/or any breach or alleged or threatened breach by You; (b) Your access to the Site or use of the Services or any Sweepstakes or Promotion included therein, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Site, the Services or any Sweepstakes or Promotion included therein by You; (d) any negligent or willful misconduct by You.
27. Integration and Conflicting Terms.
28. Modification and Amendment.
We have the right at any time or from time to time to modify or amend the terms and conditions of the Agreement, in which case the Site will display such changes, which will be Your only notification of any such change. Any use of the Services by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
29. Force Majeure.
If the performance of any part of the Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, We shall be excused to the extent that We are prevented, hindered or delayed by such cause or causes.
If any one or more of the provisions contained in these Terms or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
No waiver of any provision of these Terms or the Official Rules shall be effective unless it is in writing and signed by Us. No waiver of any provision of these Terms or the Official Rules on one occasion shall constitute a waiver of any other provision or of the same provision on any other occasion.
32. Governing Law, Arbitration and Forum.
(a) Governing Law . The Agreement and the rights of the parties thereunder shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict or choice of law principles.
(b) Arbitration Notice. Any dispute, claim or controversy arising out of or relating to the Agreement, the Site or the Services, including any necessary determination of the scope or applicability of the agreement to arbitrate, shall be determined through final and binding arbitration, on an individual basis only. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. There shall be three arbitrators. The parties agree that one arbitrator shall be appointed by each party, and the third presiding arbitrator shall be appointed by agreement of the two party-appointed arbitrators within fourteen (14) days of the appointment of the second arbitrator. This arbitration clause applies to all claims arising under any legal theory, and continues to apply even after You stop using Your Account or delete it.
(c) Costs and Expenses . In any arbitration arising out of or related to the Agreement, the arbitrators shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrators determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all the claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
(d) No Class Actions. Both parties agree to only bring claims against each other on an individual basis. Neither You nor Us can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action. The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding. The arbitrators' decision or award in one person's case can only impact the person who brought the claim, not any other users of the Site or the Services, and cannot be used to decide disputes with other users. We will provide 30-days' notice by email or through the Site if We change this Section 32 in regards to Arbitration or Class Action Waiver.
(e) Forum . Any legal proceedings in respect of a dispute that cannot, for any reason, be resolved through arbitration shall be conducted exclusively in the federal and state courts sitting in New York County, New York, and both You and We hereby irrevocably submit to the personal jurisdiction of such courts for such purposes and waive any objection to venue therein or otherwise in the nature of inconvenient forum.
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of these Terms, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in the Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
34. No Third Party Beneficiaries.
No provision of the Agreement is intended to create, or creates, any rights in or benefits to any third party.
Any and all notices to You relating to the Site, the Services, any Sweepstakes or Promotion included therein, or Your use of any thereof shall be deemed to be delivered when displayed on the Site. All notices to Us shall be sent via first class mail or other nationally recognized courier to: Publishers Clearing House, 300 Jericho Quadrangle #300 Jericho, NY 11753, with a copy to General Counsel.
The respective rights and obligations of the parties, if any, pursuant to Sections 21 through 25, inclusive, Sections 31 and 32, and any other provisions which by its nature or express terms should survive, shall survive any termination or expiration of the Agreement.
37. Neutral document.
38. Headings and Order.
The headings and sequential order of the sections contained in these Terms are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of these Terms.
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