PLEASE READ THIS POLICY CAREFULLY BEFORE SUBMITTING YOUR EMAIL ADDRESS THROUGH THE PROGRAM BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OSG.
WHEN YOU SUBMIT YOUR EMAIL ADDRESS THROUGH THE PROGRAM YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS POLICY.
As used herein, the term "personal information" means information that would allow someone to specifically identify you or to contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term "non-personal information" means any information other than personal information that OSG may collect from you.
GIVEAWAY OFFICIAL RULES AND QUALIFICATIONS
Enter-To-Win Sweepstakes Official Rules:
OSG will provide the winning entry to Custom Marathon Seat Covers and they will contact the winner of the sweepstakes for the prize ($700 value).
1. PROGRAM DESCRIPTION; TERMINATION OF PARTICIPATION
By submitting your email address through the giveaway, you are agreeing to receive promotional and informational emails (e.g., general email communications, administrative emails, electronic newsletters, direct marketing emails) from OSG, OSG's affiliates ("Affiliate(s)), and/or participating cable systems ("Cable System(s)).
You may at any time unsubscribe from or otherwise terminate your participation in the Program by following the opt-out instructions in any email sent to you by OSG, an Affiliate or a Cable System through the Program; and you acknowledge that opting out will impact your ability to receive certain messages and/or notifications from OSG, the Affiliates and/or the Cable Systems.
2. ELIGIBILITY; REPRESENTATIONS AND WARRANTIES.
The Program is offered only to persons eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Policy. The Program is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. By submitting your email address through the Program, you represent and warrant to OSG that you meet these eligibility requirements, and that you are the exclusive owner or holder of the email account associated with that email address.
3. A SPECIAL NOTE ABOUT MINORS.
As explained further above, OSG does not collect personal information through the Program from any person it actually knows to be under thirteen (13) years of age. If OSG obtains actual knowledge that it has collected personal information through the Program from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time unsubscribe from or otherwise terminate your participation in the Program by following the opt-out instructions in any email sent to you by OSG, an Affiliate or a Cable System through the Program.
The foregoing is a description of OSG’s voluntary practices concerning the collection of personal information through the Program from certain minors and is not intended to be an admission that OSG is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
4. INFORMATION COLLECTED.
OSG or an Affiliate may collect personal and non-personal information about you through the Program. In addition to your email address, which OSG collects when you subscribe to the Program, the categories of personal and non-personal information collected from you through the Program might include your:
- Name (first, last and/or middle);
- Valid email address
- Date of birth
- Telephone number;
Any other information that you may submit through the Program (e.g., any such information that you might include your response to an email send to you by OSG, an Affiliate or a Cable System through the Program).
In addition, if you or a third party sends OSG, an Affiliate or a Cable System a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities related to the Program, then OSG may collect any personal or non-personal information provided therein or therewith.
5. USE OF INFORMATION COLLECTED.
OSG, the Affiliates and/or the Cable Systems may use the personal and/or non-personal information collected from you through the Program in a variety of ways, such as, for example, to:
- Send you informational or promotional emails (e.g., general email communications, administrative emails, electronic newsletters, direct marketing emails) about OSG, the Affiliate(s), the Cable System(s), and/or their respective businesses, products and/or services;
- Enter you in contests, sweepstakes, giveaways or other promotional games offered by OSG, the Affiliate(s) and/or the Cable System(s).
- Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to OSG, the Affiliate(s), the Cable System(s) and/or their respective businesses, products and/or services;
- Improve the Program;
- Improve the products, services, marketing and/or promotional efforts of OSG, the Affiliate(s) and/or the Cable System(s);
- Create new the products, services, marketing and/or promotions for OSG, the Affiliate(s) and/or the Cable System(s);
- Protect or enforce the respective rights and properties of OSG, the Affiliate(s) and/or the Cable System(s) and/or others (which may include you);
- • Comply with any applicable law, court order or other governmental authority (including, without limitation and by way of example only, to respond to a subpoena or other legal process); and/or
- • Such other use that OSG, the Affiliate(s) or the Cable System(s) believes in good faith to be necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of OSG, the Affiliate(s), the Cable System(s), a user of the Program [which may include you], or anyone else who may be harmed by such activities, or to further the legitimate business interests of OSG, the Affiliate(s) or the Cable System(s), respectively).
6. SHARING OF INFORMATION COLLECTED.
OSG reserves the right to share your personal and non-personal information with OSG’s employees, agents, administrators, accountants, financial advisors and legal advisors; with the Affiliates and the Affiliates’ respective employees, agents, administrators, accountants, financial advisors and legal advisors; with the Cable Systems and the Cable Systems’ respective employees, agents, administrators, accountants, financial advisors and legal advisors; and with those third parties who help manage, administer, distribute and/or operate the Program (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies), as needed in order for them to perform such services.
OSG does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, OSG may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses and government entities.
BY SUBMITTING YOUR EMAIL ADDRESS THROUGH THE PROGRAM, YOU CONSENT TO OSG SHARING YOUR PERSONAL AND NON-PERSONAL INFORMATION WITH ALL OF THE FORGOING.
7. DATA RETENTION.
OSG, each Affiliate and each Cable System, respectively, may retain your personal and non-personal information for as long as it believes necessary; and may dispose of or delete any such personal or non-personal information at any time, except as required by law.
8. YOUR CALIFORNIA PRIVACY RIGHTS.
If you are a resident of the State of California and OSG has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from OSG free of charge regarding the manner in which OSG shares certain personal information collected through the Program with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of OSG’s sharing of such information with such third parties. Please submit any such request ("California Privacy Rights Request") by email to email@example.com, with a subject line of "Your California Privacy Rights."
For each California Privacy Rights Request, please state "Your California Privacy Rights" in the email or letter subject line, and clearly state the following in the body:
a. the nature of your request;
b. that the request is related to "Your California Privacy Rights;"
c. your name, street address, city, state, zip code and email address; and
d. whether you prefer to receive a response to your request by mail or email.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
Finally, as explained further above, OSG does not authorize third parties to collect your personal information when you use the Program, except as expressly stated in this Policy. TO THE FULLEST EXTENT PERMITTED BY LAW, OSG, THE AFFILIATES AND THE CABLE SYSTEMS ARE NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE OSG, THE AFFILIATES AND THE CABLE SYSTEMS FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION.
9. GENERAL DISCLAIMER.
YOUR SUBSCRIPTION TO AND USE OF THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE SUBMISSION OF YOUR EMAIL ADDRESS THROUGH THE PROGRAM) IS DONE AT YOUR OWN RISK. THE PROGRAM AND ALL EMAILS SENT TO YOU BY OSG, AN AFFILIATE OR A CABLE SYSTEM THROUGH THE PROGRAM ARE PROVIDED TO YOU ON AN "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. OSG DOES NOT MAKE, NOR HAS OSG MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE PROGRAM OR ANY EMAILS SENT TO YOU THROUGH THE PROGRAM. OSG EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE AND SECURITY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE PROGRAM AND ANY EMAILS SENT TO YOU THROUGH THE PROGRAM. OSG DOES NOT MAKE, NOR HAS OSG MADE, ANY AFFIRMATION OF FACT OR PROMISE RELATING TO THE PROGRAM OR ANY EMAILS SENT TO YOU THROUGH THE PROGRAM THAT HAS BECOME ANY BASIS OF THIS BARGAIN. THERE ARE NO WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE) CONCERNING THE PROGRAM OR ANY EMAILS SENT TO YOU THROUGH THE PROGRAM THAT EXTEND BEYOND THE FACE OF THIS POLICY.
10. DISCLAIMER ABOUT EMAIL CONTENTS.
ANY STATEMENTS, MESSAGES, COMMENTS, OPINIONS, ADVICE, REVIEWS, STATEMENTS, OFFERS, ADVERTISEMENTS, PROMOTIONS, PRODUCTS, SERVICES, INFORMATION, MATERIALS OR CONTENT FOUND WITHIN, THROUGH OR IN RELATION TO AN EMAIL SENT TO YOU BY OSG, AN AFFILIATE OR A CABLE SYSTEM THROUGH THE PROGRAM ARE THOSE OF THEIR RESPECTIVE AUTHORS. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY, RELIABILITY, APPROPRIATENESS AND LEGALITY OF SUCH EMAILS AND THEIR CONTENTS. OSG DOES NOT GUARANTEE, ADOPT OR ENDORSE THE CONTENTS OF, OR ANY ACTS, ERRORS OR OMISSIONS RELATING TO, ANY EMAILS AUTHORED OR SENT BY ANY AFFILIATE OR CABLE SYSTEM. LIKEWISE, AN AFFILIATE DOES NOT GUARANTEE, ADOPT OR ENDORSE THE CONTENTS OF, OR ANY ACTS, ERRORS OR OMISSIONS RELATING TO, ANY EMAILS AUTHORED OR SENT BY ANOTHER AFFILIATE, OSG OR A CABLE SYSTEM. AND A CABLE SYSTEM DOES NOT GUARANTEE, ADOPT OR ENDORSE THE CONTENTS OF, OR ANY ACTS, ERRORS OR OMISSIONS RELATING TO, ANY EMAILS AUTHORED OR SENT BY ANOTHER CABLE SYSTEM, OSG OR AN AFFILIATE.
11. LIMITATION OF REMEDIES.
IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO ANY BREACH OF THIS POLICY OR VIOLATION OF YOUR RIGHTS IN CONNECTION WITH THE PROGRAM OR ANY EMAILS SENT THROUGH THE PROGRAM, EVEN IF NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
12. CONSUMER PROTECTIONS.
The disclaimers and limitations of liability set forth in this Policy are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
13. GENERAL RELEASE OF CLAIMS.
YOU HEREBY RELEASE AND HOLD HARMLESS OSG, THE AFFILIATES, THE CABLE SYSTEMS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE PROGRAM, ANY EMAILS SENT TO YOU THROUGH THE PROGRAM AND/OR THE RIGHTS AND PRIVILEGES GRANTED BY YOU UNDER THIS POLICY.
14. TERM; TERMINATION; SURVIVAL.
This Policy shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Policy. OSG may terminate this Policy at any time, for any or no reason, and without notice to you (including, without limitation, if OSG believes that you have violated or acted inconsistently with any term or condition of this Policy). You may terminate this Policy at any time and for any reason or no reason by unsubscribing from or otherwise terminating your participation in the Program by following the opt-out instructions in any email sent to you by OSG, an Affiliate or a Cable System through the Program. If this Policy is terminated for any reason, then the following shall survive in perpetuity: (a) all defined terms under this Policy; (b) all rights and privileges under this Policy which were granted to and/or accrued in favor of OSG, an Affiliate(s), a Cable System(s) and/or any of their respective officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Policy’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Policy.
15. GOVERNING LAW.
This Policy, the Program, the Parties' relationship and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Colorado in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.
16. DISPUTE RESOLUTION.
a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Policy, the Program and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the "Dispute(s)") to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor ("JAMS") for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Policy, then the conflicting provision of this Policy shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 16 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
c. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Denver, Colorado, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Policy and shall be bound by applicable law.
d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Policy or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 16. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Policy or applicable law.
f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Policy or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Colorado in Denver County, Colorado, United States of America and the United States federal courts in the District of Colorado, Denver Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
g. Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.
17. MODIFICATIONS OF THIS POLICY.
OSG MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS POLICY AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WILL BE EMAILED TO YOU, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE.
18. CONSTRUCTION AND INTERPRETATION.
This Policy shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
Section headings are inserted in this Policy for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Policy.
If any term or condition of this Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Policy.
21. ENTIRE AGREEMENT.
This Policy, together with the terms and conditions appearing next to the box that reference this Policy and that you are required to check as part of the process for submitting your email address through the Program, constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. Notwithstanding the foregoing, this Policy does not supersede the official rules of any applicable contests, sweepstakes, giveaways or other promotional games offered through the Program; however, if a term or condition of those official rules conflicts with a term or condition of this Policy, then the conflicting term or condition of this Policy shall govern and control.
22. CONTACT US.
Please direct any questions you may have about this Policy or the Program by email to firstname.lastname@example.org, with a subject line of "Email List Question." The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Policy.
23. EFFECTIVE DATE.
This Policy is dated effective as of April 16, 2019.