Official Program Terms and Conditions
Effective Date: August 1st, 2013
Sponsor: Metropolitan Life Insurance Company, 200 Park Avenue, New York, NY 10166.
Administrator: Van Wagner Sports and Entertainment, LLC, 800 Third Avenue, 28th Floor, New York, NY 10022.
No Purchase Necessary. A purchase will not increase your chances of winning.
The MetLife Central Countdown Card Program (the Program ) is administered by Van Wagner Sports and Entertainment, LLC ( Administrator or Van Wagner ). The Program and its related websites (other than Third-Party Sites, Content or Applications (defined in Section 6)), applications and services are sponsored by Metropolitan Life Insurance Company ( Sponsor or MetLife ). Only those eligible individuals who have agreed to these Terms and Conditions ( Terms and Conditions ) and received a Game Card (defined in Section 3),if required, or downloaded a Mobile App (defined below) may participate in the Program ( Participant ).
ONLINE PARTICIPATION: By participating in any online Activity relating to the Program, you: (i) represent that you are fourteen (14) years of age or older; and (ii) agree to be bound by and comply with this Agreement (including all Program Policies governing the MetLife Central website at www.metlifecentral.com or any other participating websites (collectively Program Websites )) and any guidelines, rules, policies and codes of conduct issued by Sponsor from time to time (including, without limitation, the Official Rules). While individuals between 14 and 20 years of age may participate in certain Activities, you understand that Game Cards may only be issued online (at www.metlifecentral.com) to Participants who are twenty-one (21) years of age or older. In addition, if you participate in any online Activity that includes the potential award of a prize, you must comply with the Official Rules for that Activity, including all eligibility requirements for that Activity.
MOBILE PARTICIPATION: By participating in any mobile Activity in the Program, you: (i) represent that you are twenty-one (21) years of age or older; and (ii) agree to be bound by and comply with this Agreement (including all Program Policies governing the MetLife Pocket Pass mobile application or any other mobile applications that may be provided via which you may participate in the Program (the Mobile App )) and any other guidelines, rules, policies and codes of conduct issued by Sponsor or third parties (e.g., Apple Inc. or Google Inc., as applicable) from time to time governing the Mobile App or use of the Mobile App. In addition, if you participate in any mobile Activity that includes the potential award of a prize, you must comply with the Official Rules for that Activity, including all eligibility requirements for that Activity. Not all Activities will be accessible via the Mobile App.
ONSITE PARTICIPATION: Certain Activities may become available at select stadiums and other venues (each, a Venue ). Details regarding participating Venues will be available in the Official Rules for those Activities. By participating in any onsite Activity in the Program at any Venue, you: (i) represent that you are fourteen (14) years of age or older; and (ii) agree to be bound by this Agreement, any Program Policies, any Official Rules or other terms provided to you at the applicable participating Venue and any releases related thereto, and any guidelines, rules, policies and codes of conduct issued by Sponsor from time to time. Game Cards are not required for or issued to onsite Participants who are fourteen (14) through twenty (20) years of age. However, you must be twenty-one (21) years of age or older to be eligible to participate in certain Activities. IMPORTANT NOTE: If you are fourteen (14) through twenty (20) years of age, you may only participate in those onsite Activities (if any) specified as being open to Minors (defined in Section 2) by Sponsor. If you were issued a Game Card while you were under twenty-one (21) years of age, you will need to sign up for and use a new Game Card after reaching twenty-one (21) years of age in order to participate in Activities that are not specified as being open to Minors.
In certain instances, other methods of participation in select Activities, such as a mail-in method, may be available for that Activity. Details will always be available in the Official Rules for the applicable Activity.
Please note that we may at any time revise or modify this Agreement by presenting the updated Terms and Conditions on the metlifecentral.com website, through the Mobile App, and at the Venues. You are bound by such revisions and modifications and should therefore review the Terms and Conditions on a regular basis and prior to each use of or participation in the Program to maintain awareness of any such revisions or modifications. By continuing to use or participate in the Program (including, without limitation, any Activities, Mobile App, or Program Websites) after revisions or modifications take effect, you agree to accept and be bound by any and all such revisions and modifications.
1. Description of Program
The Program consists of a variety of activities, games, sweepstakes, and contests ( Activities or each, separately an Activity ) available at sporting and entertainment events, including, without limitation, Activities that permit you to post comments, ideas, opinions, stories, pictures, videos and other materials (collectively, Submissions ). In order to participate in any Activity, you must be a Participant. You may participate in as many or as few Activities for which you are eligible as you choose online, via the Mobile App, and/or onsite. You are under no obligation to participate in any online, mobile, or onsite Activities. Onsite Activities are those taking place at the Venues. Online Activities are those taking place online at the Program Websites. Mobile Activities are those Activities which you participate in via the Mobile App. Most Activities permit your repeat participation. However, for some Activities, you are limited to one (1) play or one (1) entry per sporting or entertainment event day or other limitations. In the event of a dispute between the terms of this Agreement and the Official Rules ( Official Rules ) for any Activity, the Official Rules will control. For specific information as to any Activity, please review the Official Rules for such Activity, which we may revise from time to time, where applicable.
Personal Use. You acknowledge and agree that the Program is for your personal use only, and that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Program or any material provided or obtained through the Program, including, but not limited to, Submissions, concepts, names, images and other information used in any manner related to the Program (collectively, Content ), except as specifically permitted in this Agreement. You may not, and may not attempt to (or otherwise authorize, encourage or support others attempts to), circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Program or the Content, or any technology used to support the Program. You acknowledge and agree that you are responsible for any use of your Game Card or the use of the Mobile App on your Compatible Device (defined in Section 3).
All Activities are open to you if you are: (i) twenty-one (21) years of age or older as of the date of reviewing and accepting this Agreement; and (ii) for online, mobile and onsite Activities involving the potential award of a prize, in compliance with the Official Rules for that Activity, including all eligibility requirements. Certain Activities specified by Sponsor are also open to those who are between fourteen (14) and twenty (20) years of age (for purposes of this Program, a Minor or collectively Minors ). If you are a Minor, you may only participate in those certain Activities that expressly permit participation of Minors. Employees, officers, directors, agents and representatives of Sponsor, Administrator, the applicable participating teams, the applicable Venue, and certain other parties (as determined by Sponsor, in its sole discretion), and any of their respective parents, affiliates, subsidiaries, retailers, distributors, advertising and promotion agencies and suppliers, and any such individuals immediate family members (mother, father, sister, brother, child, husband, wife, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate in any Activity involving the potential award of a prize. Please be certain to review the Official Rules for each Activity, as additional eligibility and other restrictions may apply. Void where prohibited by law. All applicable federal, state and local laws apply. Sponsor or Administrator reserves the right, in its sole discretion, to: (i) disqualify any Participant and void any Game Cards, game plays or prize claims of Participants who Sponsor or Administrator believes have attempted to tamper with or impair the administration, security, fairness or proper play of any Activity or are in violation of this Agreement (including all Program Policies governing the applicable Program Websites or Mobile App); or (ii) modify, terminate or suspend any Activity (or portion thereof) should non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of any Activity.
3. Promotion Periods
Each Activity will have its own promotion period, which will be posted near the respective Activity if it is onsite and, if applicable, on the Mobile App or online on any web page where you are able to participate in an Activity. You may participate in Activities (subject to the terms of this Agreement and the applicable Official Rules for such Activities) once you have obtained your MetLife Central Countdown Card ( Game Card ), if required. You may obtain a Game Card as follows: (i) visiting a MetLife Central kiosk available outside the Venue, if any; (ii) if you have tickets to attend an applicable sporting or entertainment event, visiting any of the designated MetLife Central kiosks located inside the Venue; or (iii) if you are twenty one (21) years of age or older, downloading the forms to obtain a Game Card online at metlifecentral.com, and in each case following the instructions provided to complete and submit the Game Card registration form. You may also participate in certain Activities by using a Compatible Device to download and register the Mobile App by visiting metlifecentral.com and following the directions provided. For purposes of this Agreement, a Compatible Device is any mobile device with data and internet access which is compatible with the Mobile App. IMPORTANT NOTE: Currently, the only Compatible Devices are those devices with the Android* or iPhone* operating systems. To determine whether your device is a Compatible Device, visit www.metlifecentral.com. For Mobile App users: You will be required to turn on your GPS location-based services in order to use the Mobile App. Data rates apply for data sent and received as determined by your wireless carrier. See your wireless carrier if you have any questions regarding GPS location-based services, pricing plan details or device capabilities.
4. How to Participate
During the applicable promotion period for the Activity you wish to participate in, you may take one (1) of the following actions: (a) Using a Game Card: follow the instructions posted onsite at the Activity or on the web page where the Activity is displayed and swipe your Game Card or enter your Game Card registration number where requested; or (b) Using a Mobile App: access the Mobile App on your Compatible Device, and follow the directions provided to select the Activity and play or enter as instructed. For certain Activities, there may be additional or different terms and requirements for participation not described in this Agreement (e.g., turning on your GPS location-based services in order to participate via the Mobile App), and therefore you should make sure you review any applicable Official Rules or other applicable terms. For Activities specified as being open to Minors, using a Game Card is not required.
If you are a winner, prizes will be awarded subject to verification of eligibility, winning game play or entry and compliance with this Agreement and the Official Rules, if applicable. Failure to claim a prize within the applicable specified time frame will result in disqualification. In the event of a dispute as to the identity of a Participant based on the Game Card swiped or based on game play or entry via the Mobile App on your Compatible Device, game play or entry will be deemed to be made by the eligible person named on the applicable Participant registration form, and he/she must comply with this Agreement and any applicable Official Rules.
Except for your Game Card, all materials, data and other information submitted or collected in connection with participating in the Program and claiming a prize will become property of Sponsor and will not be returned. Any data or information you submit in connection with, and your use of, the Game Cards, the Mobile App or any other means of participation will be subject to the applicable Program Policies. All prize claims must be submitted by the time specified for the applicable Activity or they will be void. All prize claims are subject to verification of eligibility, winning prize claim form and compliance with the terms of this Agreement and the Official Rules, if applicable.
Potential winners, and their guests if applicable, may be required to provide proof of identification and execute and return an affidavit of eligibility (including consenting to a background check), a liability release, and, where permitted by law, a publicity release.
Unclaimed prizes will not be awarded. No transfer, assignment, cash redemption, or substitution of a prize is permitted, except by Sponsor, which may substitute a prize with one of comparable or greater value, at its sole discretion. If the number of valid prize claims received exceeds the number of prizes stated in the applicable Official Rules due to printing, seeding, typographical, mechanical, electronic, computer, or other errors, Sponsor reserves the right to hold a random drawing to award the correct number of prizes stated in this Agreement or the Official Rules from among legitimate, valid and eligible prize claims received for each prize level in question and/or for each applicable entry period, at Sponsor s sole discretion. In no event will Sponsor award more prizes for any prize level or entry period than as specified in the applicable Official Rules for each Activity.
All Submissions that you post or submit in connection with any Activities, the Mobile App or any other aspect of the Program must comply with all applicable Program Policies. Posting Submissions to or through Program Websites or via the Mobile App, including ideas or disclosures of opinions, is voluntary on your part. Subject to the foregoing, you acknowledge and agree that: (i) you own any Submission posted by you on or through the Program or otherwise have the right to grant the assignment set forth in this section or otherwise; (ii) the Submissions, and your posting of any such Submission on or through the Program, do not violate the privacy rights, publicity rights, copyrights, contract rights or any other intellectual property rights or other rights of, or libel or slander, any person or third party; (iii) you irrevocably assign all right, title and interest in and to all Submissions to Sponsor; and (iv) Sponsor reserves the right to delete, add to or modify the Content for any reason at any time, and to delete or block your access to any portion of the Program in the event we reasonably determine that the Program, your use of the Program or any element used to create the Program, infringes on or violates, or could infringe on or violate, this Agreement (including the applicable Program Policies), any third-party right, or any applicable laws, rules, guidelines, directives, policies or government regulations ( Laws ) or for any other reason. Further, Participants (and, if participating in an Activity for which a release was signed, any eligible minors, their parents or legal guardians) agree, by participating in Activities, that Sponsor and its designees may use (unless prohibited by law) Participant s name, city and state of residence, photograph and/or likeness or any Submission for advertising, trade and/or any other purposes in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification. No confidential or contractual relationship is established by your posting Submissions or is to be implied by any review and/or subsequent use of your Submissions.
RELEASED PARTIES ARE NOT RESPONSIBLE FOR A PARTICIPANT S MISUSE OR MISAPPROPRIATION OF ANY SUBMISSIONS THAT PARTICIPANT SUBMITS OR POSTS TO ANY PROGRAM WEBSITES. YOU AGREE THAT, PURSUANT TO ANY ACTIVITY ASKING FOR SUBMISSIONS, YOU MAY BE ASKED TO SIGN OR AGREE TO ADDITIONAL RELEASES AND ACKNOWLEDGEMENTS OF YOUR RIGHTS AND OBLIGATIONS RELATED THERETO. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY COMPENSATION AS A RESULT OF YOUR PARTICIPATION IN ANY SUCH ACTIVITY OR SPONSOR S OR ITS DESIGNEES USE OF ANY SUBMISSION.
6. Participating Websites/Mobile App/Third-Party Products
Depending on the Activity and subject to its complete Activity description, Official Rules (if applicable) and these Terms and Conditions, the Activities may be displayed for participation on, or available via, any Program Websites or Mobile App. Your participation in the Activities made available on or through these Program Websites or Mobile App is subject to your acceptance of all applicable Program Policies for applicable Program Websites and/or Mobile App. We may from time to time add additional features to the Program, and any such additional products, services and features may be subject to additional terms and conditions which shall be posted (on the applicable Program Websites) at the time such feature of the Program becomes available. We may also from time to time invite Participants to participate in programs that are not part of this Program, and accordingly, are not subject to this Agreement.
In order to alert you to important prize details, including to notify you as to whether you are a potential winner of any Activity, Sponsor may utilize phone calls, mobile calls, text messages, e-mails or U.S. mail to send you notice that you may be able to redeem a prize or that you are not a winner of an Activity ( Alert ). By providing your telephone number, street address, e-mail address and/or mobile phone number, you consent to Sponsor sending you such Alerts. Sponsor makes no representations or warranties as to the reliability of the delivery of mail, phone calls, mobile calls, text messages or e-mails, each of which is subject to the performance of your device trying to receive the Alerts, your data connection, and service coverage in your area, as applicable. Sponsor makes no requirement for you to provide any consideration to participate in any Activity, and you acknowledge that Participants who choose to receive mobile calls or text message Alerts may incur and shall be responsible for certain costs and expenses associated with participating in the Program, such as: (i) costs and expenses for Participants receiving notifications through SMS messages to mobile devices, the cost of obtaining a wireless carrier, an appropriate wireless data services plan, a compatible mobile device and/or any SMS message fees charged by the Participant s carrier; and (ii) for Participants receiving notifications through e-mail, access to a personal computer, Internet-enabled phone or other device used to receive e-mails, and associated costs charged by Participant s ISP. For the avoidance of doubt, certain information contained in Alerts will be made available onsite with the MetLife Central onsite ambassadors and on the MetLife video board at the Venue, if any.
8. Participant Conduct
In using or accessing the Program, the Program Websites or the Mobile App, you agree not to engage in Prohibited Conduct. For the purposes of this Agreement, Prohibited Conduct includes any conduct which is or is likely to be considered fraudulent, unlawful, infringing, tortious, harassing, abusive or otherwise improper conduct which does or is intended to damage or cause risk to Sponsor, Administrator, or affiliates or third-party partners of Sponsor or Affiliates, their businesses, reputations, employees, or equipment, other customers or Participants, or any other third person or which, by its nature, a reasonable person knows or should know would violate another party s rights or operation, use or enjoyment of the Program. Prohibited Conduct specifically includes (but is not limited to) the following:
- violating any applicable Laws;
- posting, transmitting or receiving content you do not have the right to post, transmit or receive;
- posting, transmitting or receiving content that infringes a third party s trademark, patent, trade secret, copyright, publicity, privacy, or other right;
- posting, transmitting or receiving any content that is or could be considered unlawful, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, indecent, lewd, pornographic, violent, profane, insulting, hateful, harmful or otherwise objectionable as determined in Sponsor s sole discretion;
- attempting to intercept, collect or store data about third parties without their knowledge or consent;
- accessing, tampering with or using any unauthorized or non-public components or areas of the Program, or attempting to do so;
- attempting to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures;
- sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, pyramid schemes, spam, chain mail or junk mail ;
- impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through the Program or any part of the Program;
- transmitting or disseminating any viruses, Trojan horses, or other code or programming intended to damage, interfere with, interrupt, destroy, limit the functionality of, intercept or expropriate any system, computer software, hardware, equipment, data, or personal information;
- interfering with or disrupting the Program or any part of the Program or servers or networks connected to the Program or any part of the Program, or disobeying any requirements, procedures, policies or regulations of networks connected to the Program or any part of the Program;
- using the Program or any part of the Program for high volume data transfers, sustained high volume data transfers, or hosting a web server, IRC server, or any other server;
- violating the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use; and
- assisting others to engage in Prohibited Content.
Without limiting any other available right or remedy, you agree that Sponsor shall have the right to take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Program, or to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating use of or access to the Program).
9. Sponsor Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to the Program, Activities, Mobile App, Content, Program Websites and any intellectual property, proprietary rights or other rights used, developed, or practiced in connection with, embodied in, or comprising the Program, Activities, Program Websites, Content, and Mobile App, are owned by Sponsor, other Released Parties, or their respective licensors (collectively, Sponsor Intellectual Property Rights ), and you agree to make no claim of interest in or ownership of any such Sponsor Intellectual Property Rights. You acknowledge that no right, title or interest in or to the Sponsor Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Program or the Content other than the rights expressly granted in this Agreement. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the Trademarks ) used in the Program, are Trademarks of Sponsor, other Released Parties or third parties, as applicable. Nothing contained in the Program including any Content, should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks without our prior written consent and/or the prior written consent of the third party that owns the Trademarks. Any use of the Trademarks promoted in or through the Program is expressly prohibited.
10. Third-Party Intellectual Property Rights
Sponsor and Administrator are committed to complying with U.S. copyright and other intellectual property Laws, and require all Participants and users of the Program Websites and Mobile App to comply with these Laws. Accordingly, you may not store any material or content on, post, or disseminate any material or content through the Program or any part of the Program in any manner that constitutes an infringement of third party intellectual property rights, including, without limitation, rights granted by U.S. copyright, trademark or patent laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 to report alleged infringements. Sponsor and Administrator reserve the right to terminate your rights under the Agreement, or to remove any material or content stored through the Program or used in any part of the Program, if you are found to infringe third party copyrights or other intellectual property rights, or if we, in our sole discretion, believe you are infringing these rights.
A copyright owner that believes his or her copyrighted materials available through the Program are being infringed may submit a copyright notice to Sponsor. If you are not sure whether material is protected by copyright or have any other legal questions, you should retain your own attorney. In any copyright notice, the copyright owner should:
- Identify in sufficient detail the material believed to have been infringed.
- Identify the allegedly infringing material, including where it is located.
- Provide reasonably sufficient contact information of the copyright owner (e-mail address is preferred).
- Provide information, if possible, sufficient to permit MetLife to notify the customer(s) or user(s) who posted the content that allegedly contains infringing material (e-mail address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Include an electronic or physical signature.
Copyright notices should be sent to Sponsor s Designated Agent as set forth below:
Van Wagner Communications, LLC
800 Third Avenue, 28th Floor
New York, NY 10022
We reserve the right to terminate, suspend or limit this Agreement, the Program or your participation in any and all aspects of the Program immediately, without notice or any liability to you, for any reason, including if Sponsor, in its sole discretion, believes you have violated or are likely to violate this Agreement (including any applicable Program Policies). Upon termination, your right to participate in any aspect of the Program shall immediately cease.
YOU UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE PROGRAM IS PROVIDED ON AN AS IS, WITH ALL FAULTS, AND AS AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE SECURITY, PRIVACY, RELIABILITY AND CONFIDENTIALITY RISKS INHERENT IN THE MOBILE APP, THE INTERNET, WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND SYSTEM INTEGRATION, AND YOU EXPRESSLY WAIVE ALL SUCH WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT ADMINISTRATOR, SPONSOR, AND ANY AND ALL PARTICIPATING PARTNERS AND DESIGNEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUBSIDIARIES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES AND SUPPLIERS (COLLECTIVELY, THE RELEASED PARTIES ) SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY REASON ARISING OUT OF OR RELATING TO THE PROGRAM OR ANY FEATURE OR CONTENT RELATED THERETO, INCLUDING ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE PROGRAM OR ANY FEATURE OR CONTENT RELATED THERETO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OTHER RELEASED PARTIES WITH RESPECT TO THE PROGRAM SHALL CREATE ANY WARRANTY, GUARANTEE OR PROMISE NOT EXPRESSLY MADE HEREIN. RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PROGRAM OR CONTENT PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE PROGRAM, OR FOR ANY VIRUSES OR OTHER HARMFUL COMPONENTS IN ANY MOBILE APP OR PROGRAM WEBSITES; NOR DO ANY RELEASED PARTIES WARRANT THAT ANY SUCH ERRORS OR OMISSIONS WILL BE CORRECTED (EVEN IF A RELEASED PARTY IS MADE AWARE OF SUCH ERRORS OR OMISSIONS), OR THAT THE MOBILE APP AND PROGRAM WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY DECISION OR ACTION TAKEN BY YOU ON THE BASIS OF INFORMATION OR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
13. No Liability; Indemnification
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS HEREIN, YOU ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, MISDIRECTED, DELAYED, GARBLED, INACCURATE, DAMAGED, STOLEN, OR UNDELIVERED GAME CARDS, REGISTRATION FORMS, GAME PLAYS, ENTRIES OR PRIZE CLAIMS; THE CONDUCT OR POSTPONEMENT OF ANY SPORTING OR ENTERTAINMENT EVENT OR ACTIVITY; TELEPHONIC, HUMAN, KIOSK, COMPUTER OR OTHER TECHNICAL FAILURES, PROBLEMS, DEFECTS, OMISSIONS, OR ERRORS; COMPUTER VIRUSES, LOSS OR CORRUPTION OF DATA, LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE, NON-DELIVERY OR MIS-DELIVERY OF DATA; INTERRUPTIONS IN SERVICE DUE TO SYSTEM UPGRADES, REPAIRS, MODIFICATIONS OR OTHER CAUSES, FAILURES OR MALFUNCTIONS OF CONNECTIONS, SATELLITE, NETWORK, CABLE, INTERNET SERVICE PROVIDER ( ISP ), PHONES, PHONE LINES OR TELEPHONE SYSTEMS, TRAFFIC CONGESTION ON THE INTERNET, TECHNICAL, NETWORK, COMPUTER, OR MECHANICAL MALFUNCTIONS; OR OTHER MALFUNCTIONS OR ERRORS, WHETHER CAUSED BY EQUIPMENT, PROGRAMMING, HUMAN ERROR OR OTHERWISE RELATING TO OR IN CONNECTION WITH ANY ASPECT OF THIS PROGRAM OR ANY ACTIVITY, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE MOBILE APP, THE PROGRAM WEBSITES, THE ADMINISTRATION OF AN ACTIVITY, THE MALFUNCTION OF ANY COMPUTER OR METLIFE CENTRAL KIOSK COMPUTER, THE ASSISTANCE OF ANY METLIFE CENTRAL ONSITE AMBASSADOR, THE PROCESSING OR PRINTING OF GAME CARDS, ACTIVITY ENTRIES, GAME PLAYS OR PRIZE CLAIMS, THE CANCELLATION OF ANY SPORTING OR ENTERTAINMENT EVENT OR ANY ACTIVITY OR THE ANNOUNCEMENT OF THE PRIZES OR DETERMINATION OF THE WINNERS, RELATING TO OR RESULTING FROM PARTICIPATION IN THE PROGRAM OR ACTIVITIES RELATED THERETO, OR FOR PRINTING, TYPOGRAPHICAL, HUMAN OR OTHER ERRORS APPEARING IN THIS AGREEMENT OR ANY APPLICABLE OFFICIAL RULES OR OTHER ACTIVITY-RELATED MATERIALS OR OTHERWISE.
YOU HEREBY RELEASE AND DISCHARGE ALL RELEASED PARTIES FROM ANY LIABILITY FOR ANY CLAIM, ACTION, LIABILITY, LOSS, INJURY OR DAMAGE TO PARTICIPANT OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH TO PARTICIPANT OR ANY OTHER PERSON OR DAMAGE TO PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO YOUR PARTICIPATION IN THE PROGRAM OR ANY ACTIVITIES, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A OR ANY TRAVEL OR ACTIVITY RELATED THERETO, THE MOBILE APP OR PROGRAM WEBSITES OR YOUR USE THEREOF, OR THE USE BY SPONSOR OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU. YOU AGREE THAT YOU WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE RELEASED PARTIES RELATED TO ANY ACTIVITIES OR THE PROGRAM IN ANY FASHION.
YOU AGREE TO DEFEND (AT OUR REQUEST), INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS FEES AND COSTS) ARISING OUT OF THE PROGRAM, ANY ACTIVITIES, THE MOBILE APP, THE PROGRAM WEBSITES OR YOUR USE OF OR PARTICIPATION IN ANY OF THE FOREGOING; YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT (INCLUDING ANY APPLICABLE PROGRAM POLICIES); OR YOUR BREACH OR ALLEGED VIOLATION OF THE COPYRIGHT, TRADEMARK, PROPRIETARY OR OTHER RIGHTS OF THIRD PARTIES.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM OR ANY ACTIVITIES INCLUDED THEREIN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
a. Notices And Announcements. Except as expressly provided otherwise herein, all notices to Sponsor shall be sent to the Contact Us address information on the metlifecentral.com website.
b. Arbitration. You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with this Agreement or the Program (including any Activity related thereto). Any controversy or claim arising out of or relating to this Agreement or the Program (including any Activity related thereto) shall be 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.
c. Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
d. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Program, the Program Websites, the Mobile App and the Activities, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
e. Assignment. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable.
f. Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Sponsor. The remedies of Sponsor under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by any Released Party, at any time or from time to time, to enforce any of its rights under this Agreement shall not constitute a waiver of such right.
g. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
h. Survival. In the event this Agreement expires or terminates as provided herein, Sections 2 and 5 through 14 of this Agreement shall survive such expiration or termination.
i. Jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, your rights and obligations, or our rights and obligations in connection with the Program, shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules, whether of the State of New York or any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the State of New York.
j. No Third-Party Beneficiaries. This Agreement is for the benefit of, and will be enforceable solely by, the Released Parties and you. You agree that, except as expressly stated in this Agreement, this Agreement is not intended to, and does not, confer any right or benefit on any third party, or create any obligations or liability of any of the Released Parties to any such third party.
*iPhone is a registered trademark of Apple Inc. Android is a registered trademark of Google Inc. Apple Inc. and Google Inc. are not affiliated with and do not sponsor or endorse this Program.