Kerplookee Fantasy Golf: Terms & Conditions
BY REGISTERING, PARTICIPATING AND BEING INVOLVED WITH KERPLOOKEE.COM AND KERPLOOKEE FANTASY GOLF LLC, AND THE OPERATIONS OF KERPLOOKEE.COM AND KERPLOOKEE FANTASY GOLF LLC, EACH INDIVIDUAL SO ACTING HEREBY EXPLICITY AGREES, UNDERSTANDS, PROMISES AND COVANTS TO BE STRICTLY BOUND BY THE FOLLOWING TERMS, CONDITIONS AND PROVISIONS. THESE TERMS, CONDITIONS AND PROVISIONS AFFECT LEGAL RIGHTS AND RESPONSIBILITIES. THESE TERMS, CONDITIONS AND PROVISIONS ARE MODIFIABLE, AMENDABLE AND REVISEABLE BY KERPLOOKEE.COM AND/OR KERPLOOKEE FANTASY GOLF LLC AT THEIR SOLE DISCRETION. THE TERMS, CONDITIONS AND PROVISIONS LISTED BELOW REPRESENT THE BASIC TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO KERPLOOKEE.COM AND THE ABSENCE, OR LACK OF INCLUSION, OF A TERM, CONDITION OR PROVISION HEREINAFTER DOES NOT LIMIT KERPLOOKEE.COM FROM HEREAFTER IMPOSING AND APPLYING ADDITIONAL TERMS, CONDITIONS AND PROVISIONS UPON ALL PARTICIPANTS AS DEEMED NECESSARY.
To enter the Kerplookee Fantasy Golf contest via the Internet at www.kerplookee.com, you must complete the registration and entry forms available at the kerplookee website. There is a limit of three entries allowed by an individual.
The Contest is open to individuals who have reached legal age in their respective jurisdiction. Individuals who have not reached legal age in their respective jurisdiction can enter only with permission of a parent or legal guardian. Void where prohibited by law. Employees and immediate family members of Kerplookee.com and Kerplookee Fantasy Golf LLC, its sponsors, affiliates, subsidiaries, advertising and promotional agencies are not eligible to win prizes. Kerplookee.com Fantasy Golf is open to: (a) Registered Users; (b) legal residents of one (1) of the fifty (50) United States, Washington DC, or Canada (excluding Quebec) (for purposes of clarity, Puerto Rico is expressly excluded); and (c) at least eighteen (18) years of age or the age of majority in their state of residence at the date of registration in the Contest. PLEASE NOTE: Notwithstanding the foregoing: (i) eligible legal residents of Canada (excluding Quebec), Arizona, Iowa, Louisiana, Maryland, Montana, and Vermont may play Kerplookee Fantasy Golf, but are not eligible to win any prizes; and (ii) in all events you must be eighteen (18) years of age or older (if the age of majority in a jurisdiction is over 18, you must be of the age of majority within your jurisdiction) in order to win any prizes.
The Contest is a game of skill. Winners are determined by the objective criteria listed below. From all entries received, winners are determined by the individuals who use their skill and knowledge of relevant professional golf information and fantasy golf rules to accumulate the highest total money earnings during the Contest according to the official Contest rules.
The 2011 Kerplookee fantasy golf game will be broken down into five segments. The Winter fantasy golf segment begins with the AT&T National Pro-Am in Pebble Beach, Ca (Feb 10-13 and ends with the Shell Houston Open (March 31 - April 3). The Spring fantasy golf segment starts with The Masters in Augusta, GA (April 7-10) and runs through the FedEx St. Jude Classic in Memphis, TN (June 9 -12). The Summer fantasy golf segment starts with the US OPEN at Congressional CC (June 16-19) and ends with the Wyndham Championship in Greensboro, NC (August 18-21). The FedEx Cup fantasy golf segment will consist of the FedEx playoffs which begins with the Barclays (August 25-28) and ends with the Tour Championship at East Lake Golf Club (September 22-25). The Fall fantasy golf segment will be the Fall Series which starts with the Justin Timberlake Shriners Hospital for Children Open (Sept 29-Oct 2) and ends with the World Golf Championships-HSBC Champions (Nov 3-6).
Prizes are awarded to the teams with the highest total money earnings as follows:
Winners are notified by email or regular mail within 30 days after the official final league and overall results (and associated winners) are posted at the conclusion of the Contest. Winners are also posted on the Contest website. Winners must return via email or regular mail an affidavit of eligibility and a liability/publicity release (unless prohibited by law) within 15 days following attempted notification. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. After 12 months, any unclaimed prize will be forfeited.
If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Kerplookee.com and Kerplookee Fantasy Golf LLC which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Contest. Kerplookee.com and Kerplookee Fantasy Golf LLC assume no responsibility, and are in no way, directly or indirectly, liable, for any error, omissions, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to or allegation of entries. Kerplookee.com and Kerplookee Fantasy Golf LLC are not responsible, and are in no way, directly or indirectly, liable, for any problem or technical malfunction of any telephone network or lines, computer online systems, servers, equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, phone lines, or any combination thereof, including any injury or damage to a participant's computer related to or resulting from participation in this Contest. Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies are not in any way responsible or liable for, and are hereby forever discharged and released from liability for, any damages, losses or claims resulting directly, indirectly or consequentially from any of the aforementioned Internet Technology Problems. All participants hereby release, discharge, promise to defend and hold harmless Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies for any claimed damages and losses resulting directly, indirectly or consequentially from any of the aforementioned Internet Technology Problems. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, KERPLOOKEE.COM and KERPLOOKEE FANTASY GOLF LLC RESERVES THE RIGHT TO SEEK DAMAGES BY AND THROUGH ALL CIVIL AND CRIMINAL AVENUES OF RELIEF TO THE FULLEST EXTENT PERMITTED BY LAW.
Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies are not in any way responsible or liable for, and are hereby forever discharged and released from liability for, the following: (i) any late, lost, garbled, misdirected, incomplete, or damaged entries; (ii) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Kerplookee.com and Kerplookee Fantasy Golf LLC; or (iii) any printing or typographical errors in any materials associated with the Contest. Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies, are not in any way responsible or liable for, and are hereby forever discharged and released from liability for, any damage, loss or injury (including death) resulting from participation in the Contest and/or acceptance and use of any prize won. Kerplookee.com is solely responsible for enacting, administering, enforcing the rules, and maintaining the integrity of the Contest. Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right to suspend report mailings, faxes, and Internet access for customer accounts that are not paid in full. The Contest and website are not sponsored, affiliated or endorsed by the PGA, PGA Tour, USGA, Champions Tour, LPGA, Nationwide Tour, European Tour or any other professional golf tour or association.
By participating in the Contest, you release, promise to defend and agree to hold harmless Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the operations of Kerplookee.com, Kerplookee Fantasy Golf LLC and/or the Contest. Further, all participants in the Contest hereby release, promise to defend and agree to hold harmless Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
The contents and format of Kerplookee.com are the sole intellectual property of Kerplookee.com, Kerplookee Fantasy Golf LLC or its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents unless ownership rights are otherwise attributable as noted. The intellectual property contained in, and relating to, Kerplookee.com includes, but is in no way limited to the follow: "Kerby" (the Kerplookee.com frog mascot) and "kerplookee.com. the sweetest sound in golf." "Kerby" and "kerplookee.com the sweetest sound in golf" are the sole property, in format, presentation, idea, reproduction and characterization, of Kerplookee.com, Kerplookee Fantasy Golf LLC or its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents. United States Federal Trademark Registration Applications has been filed and submitted with respect thereto. Final publication has been made by the United States Trademark Office and no objections have been filed, to date. Notwithstanding the lack of final approval and registration as registered trademarks or copyright-protected material pursuant to the applicable laws of the United States, sole ownership of, and concomitant exclusive rights to use, utilization and reproduction of, the content and format of Kerplookee.com is vested solely and exclusively in Kerplookee.com, Kerplookee Fantasy Golf LLC or its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents, unless otherwise noted. The conversion, downloading, use, utilization, reproduction or replication in any manner or format, of any portion of the substance, content, format or idea of Kerplookee.com is strictly prohibited, unless prior written consent has been given by Kerplookee.com.
Each participant of the Pay-to-Play games (hereinafter referred to as the "Pro Game") are subject to additional terms and conditions. All participants expressly agree to abide by all terms and conditions as now stated, or amended, added, deleted or modified hereafter, with respect to all financial arrangements necessary for participation in the Pro Game. All participants expressly agree to abide by all terms and conditions of the financial transaction institution utilized by Kerplookee.com for purposes of all financial transactions with respect to the Pro Game. Kerplookee.com exclusively uses www.authorize.net for purposes of financial transactions related to the Pro Game. All terms and conditions of www.authorize.net are hereby incorporated by reference as if set forth more fully herein, verbatim and are applicable to all participants and every transaction processed by, through or on behalf of Kerplookee.com. To the extent that the terms and conditions of www.authorize.net conflict with those set forth herein, the terms and conditions of Kerplookee.com shall be controlling and applicable.
Each participant shall provide to Kerplookee.com certain financial information, as required, for purposes of participating in the Pro Game. Such information shall remain confidential and shall not be disclosed to any individual or corporate and governmental entity except as required to effectuate all authorized transactions or as permissible or required by law. Kerplookee.com, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents shall not be liable for the unauthorized disclosure of any confidential financial information. Upon registration for, and prior to participation in, the Pro Game, each participant shall register with www.authorize.net. At such time, financial information, including valid credit card, debit card and/or checking account information, as may be required from time to time by Kerplookee.com and www.authorize.net, must be provided which will enable the effectuating of all transactions related to the Pro Game, including, without limitation, registration fees, waiver move fees, roster change fees, purchasing of merchandise from the Kerplookee store and any other Pro Game transactions that may come into existence in the future. At such time as the financial information is provided, each participant hereby warrants that the financial information provided is true and accurate. By registering and providing the financial information to Kerplookee.com and www.authorize.net, each participant warrants and agrees that (a) they are the individual whose information is being provided, (b) they are authorized to provide and disclose such information, (c) the various accounts for which information is provided is a valid account, capable of effectuating electronic transactions, (d) funds are available, or will be at the time such is required, to effectuate all transactions, and (e) the funds are available as legal tender for purposes of each transaction. Each participant further warrant and agrees that any transactions which are unable to be completed due to the participants lack of available funds shall be void for purposes of participation and may result in immediate exclusion from further participation. Each participant warrants and agrees that any fees or costs incurred by, or on behalf of Kerplookee.com, as a result of any transaction which cannot be completed will be fully reimbursed by the participant upon demand. Each participant agrees to indemnify and hold harmless Kerplookee.com, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents for any costs and expenses, including reasonable attorneys' fees, incurred as a result of uncompleted or void transactions. Each participant agrees to indemnify and hold harmless Kerplookee.com, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents for any fraudulent or unauthorized transactions which may occur on any specific account, including reasonable attorneys' fees.
With respect to the Pro Game, each participant must provide the afore-described financial information, subject to all terms and conditions related thereto, at the time of registration. All fees and charges with respect to the participation will be charged at the standard fees in effect at the time the fee becomes payable. Kerplookee.com will not automatically renew any purchases or transactions made.
Each participant shall be solely responsible for ensuring that all of the services rendered and transactions attempted under the User's Account (i.e., any service or transaction attempted by any person using the User's ID and password) comply with the terms and agreements. Each participant is solely responsible for paying all fees (including applicable taxes and surcharges) associated with each participant's User's Account. Each participant may request, in writing, supporting information with respect to each transaction requested, attempted or completed. Kerplookee.com its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents are not responsible for, and make no warranties, guarantees or agreements with respect to, any transaction or purchase from any company not owned by Kerplookee.com. Any unauthorized access to a User's Account, or unauthorized transaction (whether attempted or completed) is a breach of the terms and conditions and the participant is thereby subject to immediate exclusion from participation. All transactions, upon completion, become final and are non-refundable.
Each participant understands and agrees that no legal relationship is created by function of registering and/or participating in the Pro Game in favor of the participant and that the participant shall have no cause of action or right of recovery against Kerplookee.com its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents shall accrue to the participant by function of such participation. Each participant understands and agrees that all terms and conditions with respect to the Pro Game are subject to change, without notification to the participant, at the sole discretion of Kerplookee.com.
The Contest is subject to all United States laws, and to the Contest official rules, and cannot be used in connection with any form of gambling. By entering the Contest, you agree to abide by the terms of the official rules and by the decisions of Kerplookee.com and Kerplookee Fantasy Golf LLC, which are final on all matters pertaining to the Contest. Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right to change the official rules at any time, at their sole discretion. Official rules can be obtained on the Contest website.
Entry
To enter the Kerplookee Fantasy Golf contest via the Internet at www.kerplookee.com, you must complete the registration and entry forms available at the kerplookee website. There is a limit of three entries allowed by an individual.
Eligibility
The Contest is open to individuals who have reached legal age in their respective jurisdiction. Individuals who have not reached legal age in their respective jurisdiction can enter only with permission of a parent or legal guardian. Void where prohibited by law. Employees and immediate family members of Kerplookee.com and Kerplookee Fantasy Golf LLC, its sponsors, affiliates, subsidiaries, advertising and promotional agencies are not eligible to win prizes. Kerplookee.com Fantasy Golf is open to: (a) Registered Users; (b) legal residents of one (1) of the fifty (50) United States, Washington DC, or Canada (excluding Quebec) (for purposes of clarity, Puerto Rico is expressly excluded); and (c) at least eighteen (18) years of age or the age of majority in their state of residence at the date of registration in the Contest. PLEASE NOTE: Notwithstanding the foregoing: (i) eligible legal residents of Canada (excluding Quebec), Arizona, Iowa, Louisiana, Maryland, Montana, and Vermont may play Kerplookee Fantasy Golf, but are not eligible to win any prizes; and (ii) in all events you must be eighteen (18) years of age or older (if the age of majority in a jurisdiction is over 18, you must be of the age of majority within your jurisdiction) in order to win any prizes.
Game of Skill
The Contest is a game of skill. Winners are determined by the objective criteria listed below. From all entries received, winners are determined by the individuals who use their skill and knowledge of relevant professional golf information and fantasy golf rules to accumulate the highest total money earnings during the Contest according to the official Contest rules.
Contest Term
The 2011 Kerplookee fantasy golf game will be broken down into five segments. The Winter fantasy golf segment begins with the AT&T National Pro-Am in Pebble Beach, Ca (Feb 10-13 and ends with the Shell Houston Open (March 31 - April 3). The Spring fantasy golf segment starts with The Masters in Augusta, GA (April 7-10) and runs through the FedEx St. Jude Classic in Memphis, TN (June 9 -12). The Summer fantasy golf segment starts with the US OPEN at Congressional CC (June 16-19) and ends with the Wyndham Championship in Greensboro, NC (August 18-21). The FedEx Cup fantasy golf segment will consist of the FedEx playoffs which begins with the Barclays (August 25-28) and ends with the Tour Championship at East Lake Golf Club (September 22-25). The Fall fantasy golf segment will be the Fall Series which starts with the Justin Timberlake Shriners Hospital for Children Open (Sept 29-Oct 2) and ends with the World Golf Championships-HSBC Champions (Nov 3-6).
In the event that a Kerplookee tournament is postponed until after the end date of a particular session, the tournament will be removed from that Kerplookee session schedule and added to the following Kerplookee tournament schedule. In the event that a tournament is postponed until after November 6th, the tournament will be removed from the Kerplookee Contest tournament schedule all together.
Prizes
Prizes are awarded to the teams with the highest total money earnings as follows:
Weekly prizes are awarded based on total money earnings for each week's applicable tournaments, beginning with AT&T National Pro Am at Pebble Beach on February 10, 2011.
Segment prizes are awarded based on the total money earnings for each session's applicable tournaments beginning with the Winter Session in 2011.
Overall prizes, starting in 2011, are awarded based on total money earnings for all five annual sessions combined.
Please allow 6-8 weeks from the conclusion of the session to receive your prize. If you are required to sign an affidavit of eligibility and liability release, please allow 6-10 weeks from the time your signed affidavit and release is returned. All prizes are awarded regardless of the number of entrants or amount of entry fees received. No substitution or transfer of prize is permitted.
All prizes are awarded "as is" and without warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability and implied warranty of fitness for a particular purpose). In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right in their sole discretion to determine whether or not to award such prizes.
Notification
Winners are notified by email or regular mail within 30 days after the official final league and overall results (and associated winners) are posted at the conclusion of the Contest. Winners are also posted on the Contest website. Winners must return via email or regular mail an affidavit of eligibility and a liability/publicity release (unless prohibited by law) within 15 days following attempted notification. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. After 12 months, any unclaimed prize will be forfeited.
By accepting any prize, the winners grant full right, entitlement and permission to Kerplookee.com and Kerplookee Fantasy Golf LLC to use, replicate and reproduce, at the sole discretion of Kerplookee.com and Kerplookee Fantasy Golf LLC without limitation or restriction, their names and/or likenesses for publicity, promotional, and any other purposes without compensation (pecuniary and non-pecuniary), unless prohibited by law, and the winner agrees to execute a written consent with respect thereto. Notwithstanding the lack of an executed written consent with respect thereto, Kerplookee.com and Kerplookee Fantasy Golf LLC are legally entitled and permitted, without limitation or restriction, to use, replicate and reproduce their names and/or likenesses. In the event of dispute about the identity of any entrant, entries made online are declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner can be required to provide the sponsors with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
Internet Technology Problems
If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Kerplookee.com and Kerplookee Fantasy Golf LLC which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Contest. Kerplookee.com and Kerplookee Fantasy Golf LLC assume no responsibility, and are in no way, directly or indirectly, liable, for any error, omissions, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to or allegation of entries. Kerplookee.com and Kerplookee Fantasy Golf LLC are not responsible, and are in no way, directly or indirectly, liable, for any problem or technical malfunction of any telephone network or lines, computer online systems, servers, equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, phone lines, or any combination thereof, including any injury or damage to a participant's computer related to or resulting from participation in this Contest. Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies are not in any way responsible or liable for, and are hereby forever discharged and released from liability for, any damages, losses or claims resulting directly, indirectly or consequentially from any of the aforementioned Internet Technology Problems. All participants hereby release, discharge, promise to defend and hold harmless Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies for any claimed damages and losses resulting directly, indirectly or consequentially from any of the aforementioned Internet Technology Problems. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, KERPLOOKEE.COM and KERPLOOKEE FANTASY GOLF LLC RESERVES THE RIGHT TO SEEK DAMAGES BY AND THROUGH ALL CIVIL AND CRIMINAL AVENUES OF RELIEF TO THE FULLEST EXTENT PERMITTED BY LAW.
Disclaimers
Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies are not in any way responsible or liable for, and are hereby forever discharged and released from liability for, the following: (i) any late, lost, garbled, misdirected, incomplete, or damaged entries; (ii) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Kerplookee.com and Kerplookee Fantasy Golf LLC; or (iii) any printing or typographical errors in any materials associated with the Contest. Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agents and agencies, are not in any way responsible or liable for, and are hereby forever discharged and released from liability for, any damage, loss or injury (including death) resulting from participation in the Contest and/or acceptance and use of any prize won. Kerplookee.com is solely responsible for enacting, administering, enforcing the rules, and maintaining the integrity of the Contest. Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right to suspend report mailings, faxes, and Internet access for customer accounts that are not paid in full. The Contest and website are not sponsored, affiliated or endorsed by the PGA, PGA Tour, USGA, Champions Tour, LPGA, Nationwide Tour, European Tour or any other professional golf tour or association.
Release
By participating in the Contest, you release, promise to defend and agree to hold harmless Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the operations of Kerplookee.com, Kerplookee Fantasy Golf LLC and/or the Contest. Further, all participants in the Contest hereby release, promise to defend and agree to hold harmless Kerplookee.com, Kerplookee Fantasy Golf LLC, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Intellectual Property Rights
The contents and format of Kerplookee.com are the sole intellectual property of Kerplookee.com, Kerplookee Fantasy Golf LLC or its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents unless ownership rights are otherwise attributable as noted. The intellectual property contained in, and relating to, Kerplookee.com includes, but is in no way limited to the follow: "Kerby" (the Kerplookee.com frog mascot) and "kerplookee.com. the sweetest sound in golf." "Kerby" and "kerplookee.com the sweetest sound in golf" are the sole property, in format, presentation, idea, reproduction and characterization, of Kerplookee.com, Kerplookee Fantasy Golf LLC or its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents. United States Federal Trademark Registration Applications has been filed and submitted with respect thereto. Final publication has been made by the United States Trademark Office and no objections have been filed, to date. Notwithstanding the lack of final approval and registration as registered trademarks or copyright-protected material pursuant to the applicable laws of the United States, sole ownership of, and concomitant exclusive rights to use, utilization and reproduction of, the content and format of Kerplookee.com is vested solely and exclusively in Kerplookee.com, Kerplookee Fantasy Golf LLC or its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents, unless otherwise noted. The conversion, downloading, use, utilization, reproduction or replication in any manner or format, of any portion of the substance, content, format or idea of Kerplookee.com is strictly prohibited, unless prior written consent has been given by Kerplookee.com.
Payment Terms and Conditions
Each participant of the Pay-to-Play games (hereinafter referred to as the "Pro Game") are subject to additional terms and conditions. All participants expressly agree to abide by all terms and conditions as now stated, or amended, added, deleted or modified hereafter, with respect to all financial arrangements necessary for participation in the Pro Game. All participants expressly agree to abide by all terms and conditions of the financial transaction institution utilized by Kerplookee.com for purposes of all financial transactions with respect to the Pro Game. Kerplookee.com exclusively uses www.authorize.net for purposes of financial transactions related to the Pro Game. All terms and conditions of www.authorize.net are hereby incorporated by reference as if set forth more fully herein, verbatim and are applicable to all participants and every transaction processed by, through or on behalf of Kerplookee.com. To the extent that the terms and conditions of www.authorize.net conflict with those set forth herein, the terms and conditions of Kerplookee.com shall be controlling and applicable.
Each participant shall provide to Kerplookee.com certain financial information, as required, for purposes of participating in the Pro Game. Such information shall remain confidential and shall not be disclosed to any individual or corporate and governmental entity except as required to effectuate all authorized transactions or as permissible or required by law. Kerplookee.com, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents shall not be liable for the unauthorized disclosure of any confidential financial information. Upon registration for, and prior to participation in, the Pro Game, each participant shall register with www.authorize.net. At such time, financial information, including valid credit card, debit card and/or checking account information, as may be required from time to time by Kerplookee.com and www.authorize.net, must be provided which will enable the effectuating of all transactions related to the Pro Game, including, without limitation, registration fees, waiver move fees, roster change fees, purchasing of merchandise from the Kerplookee store and any other Pro Game transactions that may come into existence in the future. At such time as the financial information is provided, each participant hereby warrants that the financial information provided is true and accurate. By registering and providing the financial information to Kerplookee.com and www.authorize.net, each participant warrants and agrees that (a) they are the individual whose information is being provided, (b) they are authorized to provide and disclose such information, (c) the various accounts for which information is provided is a valid account, capable of effectuating electronic transactions, (d) funds are available, or will be at the time such is required, to effectuate all transactions, and (e) the funds are available as legal tender for purposes of each transaction. Each participant further warrant and agrees that any transactions which are unable to be completed due to the participants lack of available funds shall be void for purposes of participation and may result in immediate exclusion from further participation. Each participant warrants and agrees that any fees or costs incurred by, or on behalf of Kerplookee.com, as a result of any transaction which cannot be completed will be fully reimbursed by the participant upon demand. Each participant agrees to indemnify and hold harmless Kerplookee.com, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents for any costs and expenses, including reasonable attorneys' fees, incurred as a result of uncompleted or void transactions. Each participant agrees to indemnify and hold harmless Kerplookee.com, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents for any fraudulent or unauthorized transactions which may occur on any specific account, including reasonable attorneys' fees.
With respect to the Pro Game, each participant must provide the afore-described financial information, subject to all terms and conditions related thereto, at the time of registration. All fees and charges with respect to the participation will be charged at the standard fees in effect at the time the fee becomes payable. Kerplookee.com will not automatically renew any purchases or transactions made.
Each participant shall be solely responsible for ensuring that all of the services rendered and transactions attempted under the User's Account (i.e., any service or transaction attempted by any person using the User's ID and password) comply with the terms and agreements. Each participant is solely responsible for paying all fees (including applicable taxes and surcharges) associated with each participant's User's Account. Each participant may request, in writing, supporting information with respect to each transaction requested, attempted or completed. Kerplookee.com its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents are not responsible for, and make no warranties, guarantees or agreements with respect to, any transaction or purchase from any company not owned by Kerplookee.com. Any unauthorized access to a User's Account, or unauthorized transaction (whether attempted or completed) is a breach of the terms and conditions and the participant is thereby subject to immediate exclusion from participation. All transactions, upon completion, become final and are non-refundable.
Each participant understands and agrees that no legal relationship is created by function of registering and/or participating in the Pro Game in favor of the participant and that the participant shall have no cause of action or right of recovery against Kerplookee.com its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees, agencies and agents shall accrue to the participant by function of such participation. Each participant understands and agrees that all terms and conditions with respect to the Pro Game are subject to change, without notification to the participant, at the sole discretion of Kerplookee.com.
Official Rules
The Contest is subject to all United States laws, and to the Contest official rules, and cannot be used in connection with any form of gambling. By entering the Contest, you agree to abide by the terms of the official rules and by the decisions of Kerplookee.com and Kerplookee Fantasy Golf LLC, which are final on all matters pertaining to the Contest. Kerplookee.com and Kerplookee Fantasy Golf LLC reserve the right to change the official rules at any time, at their sole discretion. Official rules can be obtained on the Contest website.
