Terms and Conditions

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND OUR SERVICES. THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM. If you disagree with any of the terms of use below, do not use this website.

Access to and use of this web site, TrackInfo.com ("TrackInfo"), is subject to the following terms and conditions of use and all applicable State and Federal laws. By accessing and browsing this web site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and TrackInfo regarding the subject matter hereof are superseded and of no force or effect. Please note that section headings are for your convenience only and have no legal effect.

SERVICE

TrackInfo's Service consists of monthly access to the TrackInfo closed-loop network, including all available track programs, live odds for all available tracks, and live audio/video for available premium track content. Service for select wagering jurisdictions also include the ability to place wagers on available races through TrackInfo's licensed online Wagering Platform or by TrackInfo's telephone wagering system. TrackInfo reserves the right to change the Service or any specific feature of the Service at any time, without notice.

APPLICATION REQUIREMENTS

Upon acceptance and completion of the application process, you will become a TrackInfo Account Holder. By becoming an Account Holder, you certify, agree and accept the following:

a. You have read and agree to use the Account in accordance with the Terms and Conditions set forth and acknowledge any and all other agreements between you and TrackInfo, including TrackInfo's Privacy Policy.

b. You represent and warrant to TrackInfo that you are at least 18 years of age. Alabama residents must be 19 years of age or older. Texas residents must be 21 years of age or older.

c. You will provide TrackInfo with accurate and complete billing and primary residential information including your full legal name, residential address, telephone number and email address. Any changes to the above-mentioned Account information must be reported to TrackInfo as soon as possible, but in no event later than 10 days after such change.

d. You will provide TrackInfo with an accurate social security number.

e. You agree to pay all charges posted to your account for the Services provided under this Agreement. Procedures for cancellation of this Agreement are provided below.

f. You authorize TrackInfo to verify Account Holder information provided using a third party consumer database. This authorization will remain in effect and TrackInfo may verify your Account Holder information periodically, until such time as you notify TrackInfo, that you wish to cancel your Account.

g. You agree to allow TrackInfo to use your information to open advance deposit wagering accounts on your behalf as required by law or contract.

DEPOSITS, WITHDRAWALS, WAGERING AND CONTESTS

Deposits to your Account may be made by some or all of the following methods: credit card, debit card, check, electronic check, money order, cashier’s check, wire transfer, cash or through third party e-wallet providers offered at TrackInfo.

Electronic checks may be used to make deposits to your Account ("ACH Deposits"), which are electronically debited from your authorized bank account. ACH Deposits are generally credited immediately upon authorization from our ACH processor. For your first ACH Deposits, however, we may only immediately credit a portion of your deposits to your Account, with the balance of your deposits credited to your Account when funds are received from your bank. After all funds from your initial ACH Deposit are received, the ACH deposit limits applicable to you will be displayed on the deposit page. Please contact Customer Service if you would like to increase the amount that you may deposit in any period. Please note that additional restrictions and regulations may apply for certain jurisdictions. TrackInfo reserves the right to enforce additional restrictions and limitations at its sole discretion at any time.

In the event we are unable to collect funds from your bank for an ACH Deposit, we may re-submit any and all such failed deposits for reprocessing by your bank, subject only to applicable regulations and policies. In addition, your account may be charged a $25.00 returned item service charge, provided that we will not impose such fee in connection with a return of any re-submittal of an ACH Deposit.

TrackInfo accepts personal checks by mail. All personal checks are typically subject to a hold period to enable check clearance (generally 1-5 business days hold). In the event of a return of any check used to fund your Account, your account may be charged a $25.00 returned item service charge.

TrackInfo accepts money orders and cashier’s checks by mail. All money orders and cashier’s check are given immediate credit after confirmation of validity.

Wire transfers must be drawn on an account for which the Account Holder is an owner. All wire transfers are funded immediately upon receipt of confirmation. Account Holders may be held liable for any transfer fees imposed by the transmitting or receiving entity and the charges shall be deducted from the Account Holders Account.

In order to fund your account through third-party e-wallet providers, the rules and charges of such providers will apply. In addition, such deposits may be subject to a hold period.

In the event any deposit to your Account is returned, refused or reversed, we will deduct the deposited amount from your Account and suspend your Account. TrackInfo reserves the right to impose such conditions and restrictions as it may determine in its sole discretion prior to re-opening your Account.

WITHDRAWALS

All withdrawal requests must be made by using this web site. Withdrawals can be made by electronic transfer to the Account Holder's U.S. bank account. All such withdrawal requests are processed within one business day of request and should be received in the Account Holder's U.S. bank account within an additional 3-5 business days (provided your funds have cleared - see below). For Account Holders without a U.S. bank account, or, upon request, withdrawal requests will be made by check, drafted in the Account Holders legal name, and sent to the Account Holders residence address on file. Withdrawals processed by check will be mailed within three business days of the request, and will be sent by first class regular mail. For a fee of $30, upon request, delivery of checks to continental U.S. addresses will be expedited and sent within one business day (provided request is made Mon-Fri, prior to mail cutoff) for next business day delivery using a national overnight delivery service.

Typically, no withdrawals will be processed unless all deposited funds have cleared and verified by our financial institution. This normally takes 4-5 business days after a deposit is made. However, when you have a sufficient history with us of collected deposits, at our discretion, your withdrawal request will be processed on the next business day, and you should expect to see funds in your account within 3-5 business days after the withdrawal request is processed.

Please note: The 3-5 day delay for withdrawals is dependent upon bank transfer times. Each bank is different, and therefore the transfer time will vary from bank to bank.

WAGERING ON RACING

Account Holders may place wagers on racing with TrackInfo through the internet, or via mobile device. Account Holders may only wager up to the balance of their Accounts. All approved wagers are withdrawn from the Account Holder's Account prior to submission of wager. Credits for winning wagers are deposited into the Account Holder's Account after official results have been posted by the respective track. TrackInfo reserves the right to reject any wager for any reason in its sole discretion. All wagers on racing placed by Account Holders when they are physically located in a state (1) from where wagering on racing is not permitted, or (2) on tracks which have required that TrackInfo restrict the acceptance of wagers on their track from such state, is not allowed. For a current listing of state-by-state restrictions, please contact Customer Service.

All ineffective wager requests due to tote error, track error, communications complications, and merge failure, or any other technical difficulties shall be cancelled, and the wagering amount refunded to the Account Holders Account. TrackInfo reserves the right to cancel any wager and refund the wager amount to the Account Holder Account.

CONTESTS

TrackInfo.com will offer promotional contests from time to time for the enjoyment of members. They are intended to provide entertainment only and are not wagering opportunities. The contests offered are skill contests and are intended to attract new customers to the site and increase the frequency with which existing customers visit the site. Account Holders will have the opportunity to submit contest entries as offered at TrackInfo.com through the Internet (or mobile device, when offered). Account Holders may submit contest entries through the Internet up to the balance of their Accounts. All approved contest entries submitted through the Internet are withdrawn from the Account Holder's Account prior to acceptance of the contest entry. Prizes for winning contests are deposited into the Account Holder's Account after the contest has concluded. TrackInfo reserves the right to reject any contest entry for any reason in its sole discretion. All contest entries, placed by Account Holders when physically located in a state where contest entries are not accepted by TrackInfo.com, are not allowed. For a current listing state-by-state restrictions for contest entries, please contact Customer Service.

All ineffective contest entries due to system error, communications complications, or any other technical difficulties shall be cancelled, and the entry fee will be refunded to the Account Holders Account. TrackInfo reserves the right to cancel any contest entry and credit the contest entry fee to the Account Holder's Account.

Contests offered at TrackInfo.com are not to be used in connection with any form of gambling or the promotion of gambling. Employees, officers, directors, agents, and representatives of TrackInfo.com, their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse, children, siblings, and grandparents) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of TrackInfo.com are NOT eligible to win any prizes.

FANTASY GAMES

Fantasy games offered at this website are managed and operated by Ubiquitous Team, Inc. ("UT"). For each entry fee paid to enter a fantasy game during a secure session at this website, as a service for you, you are requesting and instructing this website to withdraw funds from your account and to pay the entry fee to UT. In the event your entry fee is refunded or you have been awarded winnings as a result of entering a fantasy game, you request and authorize UT to deposit such refunds and winnings from such fantasy games in your account at this website.

Conditions for Participation in Fantasy Contests

By entering a Contest, entrants agree to be bound by these rules and the decisions of UT, which shall be final and binding in all respects. If an entrant engages in conduct UT deems improper, unfair or otherwise adverse to the operation of a contest, UT, at its sole discretion, may disqualify an entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes.

Improper conduct includes, but is not limited to:

UT reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by UT at its sole discretion.

UT & TrackInfo employees may use the Web Site, and will from time to time do so for the purpose of testing the site user experience, socializing and competing with customers to build community, and other reasonable and fair uses at the discretion of UT.

* with the exception of contests where this conduct is specifically authorized, such as multi-entry contests.

Twitter Game

The tweets which are counted for purposes of awarding points in pop culture fantasy games offered at this website may be different from the total number of tweets made by an individual as listed at Twitter.com. Our scoring system utilizes the tweets which we receive from the Twitter API and some tweets might not be included in the feed which we receive, due to various factors, such as deletions of tweets by individuals or other reasons. We will make the final determination of the total number of tweets made by an individual during the period of the game which will be counted for purposes of awarding points, and such determinations are final.

TAX REPORTINGS AND WITHHOLDINGS

In accordance with IRS laws, any wager resulting in winnings of $600.00 or more must be reported to the Internal Revenue Service, if the amount of winnings is at least 300 times the amount wagered. In addition any wager resulting in winnings over $5,000.00, is subject to reporting and withholding if the amount of winnings is at least 300 times the amount wagered. All winnings subject to reporting and/or withholding shall be reported and/or withheld by TrackInfo and a copy of the W2-G Form summarizing the information shall be sent to the Account Holder for tax purposes.

Payment of all contest prizes is subject to applicable IRS law and regulations.

CHARGES AND BILLING

TrackInfo reserves the right to change our fees or billing methods at any time. All Account Holders are encouraged to review the TrackInfo Terms and Conditions periodically for updates and changes.

Subscription pricing information is posted and updated on TrackInfo's FAQ's page. Prices may also be obtained by calling Customer Service. Account holders shall pay for past performances and other handicapping products, per track, per day, in accordance with listed rates.

Account Holders incurring charges for purchasing handicapping products will be deducted from the Account Holders Wagering Account.

Payments for Services provided must be received in a timely manner. Penalties incurred for late payment, delinquent accounts, and any attorney and collection fees incurred by TrackInfo, shall be the sole responsibility of the Account Holder. Delinquent accounts may be suspended or canceled at TrackInfo's sole discretion, and will continue to incur fees and penalties until such account is terminated by you or by TrackInfo in accordance with this Agreement. If your account incurs charges, which are declined by your Credit Card Company or financial institution, TrackInfo reserves the right to re-bill you for those charges, regardless of your account status or purchase date.

Account Holders are liable for all applicable State taxes, duties, or levies, which are required by law.

If you believe that TrackInfo has billed you in error, you must contact Customer Service, within 60 days of the date the charge posted to your account. Refunds or adjustments will not be given for any charges that are more than 60 days old.

If you do not use your account for pari-mutuel wagering or entering fantasy games contests for a period of three hundred and sixty six (366) consecutive days, then it will be deemed a Dormant Account. All Dormant Accounts will incur a Monthly Account Maintenance Fee ("MAMF"). The MAMF will be charged upon becoming a Dormant Account and for each month thereafter so long as it remains a Dormant Account. The MAMF is Five Percent (5%) of the account balance or a charge of USD $5.00, whichever is the greater. If your account balance is less than the MAMF to be deducted, the charge will not exceed the available balance in your account. If and when your account balance is zero, the account will no longer be charged a MAMF.

USE OF THE SERVICE

Only authorized Account Holders shall have access to Services provided by TrackInfo. Any wagers placed by a person other than the Account Holder is strictly prohibited and will give TrackInfo the right to terminate your Account immediately. You are legally responsible for all wagers placed from your Account using your Account Number and PIN over the phone, or online with your Handle and Password. You bear full responsibility for maintaining the confidentiality of your Account Number, PIN, Handle and Password.

Account Holders shall not use the Service, or permit others to use the Service, in any way that violates any Federal or State Laws or Regulations. Violations of Federal or State Laws may subject Account Holders to civil and/or criminal penalties.

Account Holders shall be responsible for all charges to their Account. TrackInfo will not, under any circumstances, be responsible for any unauthorized usage of an Account Holder's Advance Deposit Wagering Account with TrackInfo's licensed online Wagering Platform, or the TrackInfo licensed telephone Wagering Platform.

ACCOUNT HOLDERS SHALL NOT MAKE WAGERS FROM THEIR ACCOUNT WHILE PHYSICALLY LOCATED IN ONE OF THE FOLLOWING STATES: ALASKA; ARIZONA, GEORGIA; HAWAII; ILLINOIS, MARYLAND, MISSISSIPPI; MISSOURI; NEBRASKA; NEVADA; NEW JERSEY; NORTH CAROLINA; PUERTO RICO; SOUTH CAROLINA, TEXAS, US VIRGIN ISLANDS, UTAH, VIRGINIA AND WASHINGTON.

ACCOUNT HOLDERS ARE ADVISED THAT IN THE EVENT OF A CRIMINAL INVESTIGATION BY STATE OR FEDERAL AUTHORITIES OR REGULATORY INQUIRY PURSUANT TO TrackInfo'S LICENSES, THE ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO ACCOUNT HOLDER INFORMATION AND DATA IN TrackInfo'S POSSESSION, AND ACCOUNT HOLDER SPECIFICALLY AUTHORIZES TrackInfo TO DISCLOSE SAID DATA AND INFORMATION TO LAW ENFORCEMENT AUTHORITIES AND ACCOUNT HOLDER RELEASES TrackInfo OF ALL LIABILITY IN THIS REGARD TO THE FULL EXTENT POSSIBLE BY LAW.

LIMITATION OF LIABILITY

Although TrackInfo diligently updates all track and wagering information periodically, in no way shall TrackInfo be liable for damages whether direct, indirect, incidental, exemplary, punitive, special or consequential, including, but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability, existence, furnishing or functioning of any services or information provided, including but not limited to omission or misstatements of track program, past performances and late changes of race information.

TrackInfo shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond TrackInfo's control whether or not similar to the foregoing.

TrackInfo may, in its sole discretion and at any time, modify, alter or discontinue the Service or limit, terminate or suspend Account Holder use of the Account. TrackInfo encourages responsibility in gambling behavior.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this web site ("Software") is the copyrighted work of TrackInfo and its affiliates. Use of the Software is governed by the terms of the various end user license conditions contained in these Terms and Conditions. Your use of this Website will constitute your acceptance of these end user license conditions, as they may be changed from time to time.

Software is made available for downloading, solely for individual use, according with these Terms and Conditions. Any reproduction or redistribution of the Software not in accordance with these Terms and Conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. You do not acquire any ownership rights by downloading any material on or from the site.

The software is warranted, if at all, only according to these Terms and Conditions. Except as expressly warranted in these Terms and Conditions, if at all, TrackInfo hereby disclaims all warranties, conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

No software from the TrackInfo web site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export control restrictions. By downloading or using software from this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Permission to use press releases, datasheets and FAQs from this web site is granted, provided that:

(1) the below copyright notice (4) appears in all copies and that both the copyright notice and this permission notice appear,

(2) use of such documents from this web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and

(3) no modifications of any documents shall be made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

(4) 2012, TrackInfo.com, All Rights Reserved.

Documents specified above should not include the design or layout of the TrackInfo web site or any other TrackInfo owned, rated, licensed or controlled site. Elements of the TrackInfo web sites are protected by trade dress, trademark, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TrackInfo web site may be copied or retransmitted unless expressly permitted by TrackInfo.

TrackInfo and its affiliates make no representations about the completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose, of any information contained in the documents and related graphics published on this web site. All such documents and related graphics are provided "as is" without warranty of any kind. TrackInfo and its affiliates hereby disclaim all warranties and conditions with regard to this information, including all expressed and implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall TrackInfo or its affiliates be liable for any special, incidental, punitive, indirect, or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on this service, or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this web site.

The documents and related graphics published on this web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information. TrackInfo and its affiliates may make improvements and/or changes in the product(s) and/or the program described herein at any time. TrackInfo makes no commitment to update any of the information contained on its web site.

Any information, communication or material you transmit to TrackInfo or the TrackInfo web site by telephone, electronic mail, other electronic media or otherwise, including Account Holder information, data, questions, comments, suggestions, or the like is, and will be treated as non-confidential, non-proprietary, and the exclusive property of TrackInfo, subject to partial or total disclosure at TrackInfo's discretion. In addition, all information transmitted by you may be used by TrackInfo or its affiliates, without any compensation to you, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, TrackInfo is free to use any ideas, concepts, know-how, or techniques contained in any communications you send to the web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Images of people or places displayed on the TrackInfo web site are either property of, or used with permission by, TrackInfo. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission is provided elsewhere on the web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

Links may let you leave TrackInfo's web site. The linked sites are not under the control of TrackInfo and TrackInfo is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. TrackInfo is not responsible for web casting or any other form of transmission received from any linked web site. TrackInfo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TrackInfo of the linked web site.

TRADEMARKS NOTICE

TrackInfo.com® and/or other TrackInfo products referenced herein include both registered or unregistered trademarks of TrackInfo and others. Nothing contained on the TrackInfo web site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the web site without the written permission of TrackInfo or such third party that may own the trademarks displayed on the web site. Your misuse of the TrackInfo trademarks displayed on the web site, or any other content on the web site, except as provided in these terms, is strictly prohibited. You are also advised that TrackInfo will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

NOTICE OF RESERVATION OF RIGHTS

TrackInfo reserves the right in its sole discretion to revoke any or all access and use authorizations granted to you. Your authorization to use the TrackInfo web site automatically terminates without notice if in TrackInfo's sole discretion you fail to comply with any of these terms of use. Upon termination, you must immediately destroy any downloaded or printed materials.

If any of the provisions of this agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

TrackInfo shall have the right, but not the obligation, to monitor the content of the web site, including chat rooms and bulletin boards, to determine the compliance with the terms of use and any other operating rules established by TrackInfo and to satisfy any law, regulation, or authorized government request.

Any rights not expressly granted herein are reserved.

NO WARRANTIES PROVIDED BY TrackInfo.com

ALL ACCOUNT HOLDERS EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) ACCOUNT HOLDERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TrackInfo DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

(B) TrackInfo PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TrackInfo WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(C) TrackInfo MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE PROVIDED BY TrackInfo.com. NO ADVICE OR INFORMATION GIVEN BY TrackInfo, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

(D) DISCLAIMER OF LIABILITY. TrackInfo SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TrackInfo ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR THE SERVICE, THE MAKING OF WAGERS THROUGH THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. TrackInfo'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED AT TrackInfo SHALL BE THE REPLACEMENT OF ANY TrackInfo SOFTWARE FOUND TO BE DEFECTIVE.

LAW AND FORUM FOR DISPUTES

TrackInfo is operated by Lien Games Racing LLC, which is a licensed pari-mutuel service provider in the State of North Dakota. These Terms and Conditions shall be governed in all respects by the laws of the State of North Dakota as they apply to agreements entered into and to be performed entirely within North Dakota between North Dakota residents, without regard to conflict of law provisions or your actual state or country of residence.

You agree that any claim you may have against TrackInfo, Lien Games Racing LLC and all related entities, and all disputes, controversies or differences which may be claimed by you with regard to this website or the Service offered, must be brought solely in and resolved by a court located in Fargo, North Dakota. You agree to exclusive personal jurisdiction of the courts located in Fargo, North Dakota, for the purpose of litigating all such claims or disputes.

We reserve the right to make changes to our website and these disclaimers, terms and conditions at any time, which changes shall become effective immediately upon posting on the website.

NOTICE OF INDEMNIFICATION

You agree to defend, indemnify and hold harmless TrackInfo, its affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of TrackInfo.com products and services.

NOTICE OF UNLAWFUL OR PROHIBITED USE

All Account Holders hereby agree to use these Services in recognition of all applicable Federal, and State laws, statutes and regulations, any deviation of which is grounds for immediate Account closure and subject to civil and/or criminal liability.

In addition, any and all activity that TrackInfo may reasonable believe to be fraudulent, deceptive, or unlawful, shall be reported to the appropriate law enforcement authorities and prosecuted to the full extent of the law. Account Holder shall relinquish all rights to the proceeds resulting from the fraudulent, deceptive, or illegal activities, and all proceeds shall be retained by TrackInfo to pay for damages and losses resulting from such fraud, deceit, or illegal activity.

In addition, as a condition of your use of Services, you warrant to TrackInfo that you will not use the TrackInfo web sites for any purpose that is prohibited by these terms, conditions, and notices. You may not use the TrackInfo web site in any manner which could damage, disable, overburden, or impair the TrackInfo web site or interfere with any other party's use and enjoyment of the TrackInfo web site. Any conduct that in TrackInfo's discretion restricts or limits any other user's use or enjoyment of the web site will not be tolerated. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TrackInfo web site. Any material which is unlawful, threatening, defamatory, invasive of privacy or publicity rights, obscene or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, shall not be transmitted to the web site. You specifically acknowledge that TrackInfo is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

REMEDIES

If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with TrackInfo, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.

TERMINATION OF AGREEMENT

Account Holder or TrackInfo may terminate or cancel this Agreement and the Service at any time. Account Holders understand and agree that the cancellation of this Agreement is your sole right and remedy with respect to any dispute with TrackInfo, Service, or any of its terms, conditions, rules, policies, guidelines or practices. Account Holders may cancel this Agreement and the Service with TrackInfo by delivering notice as provided below.

Termination of this Agreement does not release Account Holder from the obligation to pay all accrued charges under this Agreement. Any delinquent or unpaid Account with unresolved issues must be paid in full. Failure to resolve any unpaid debt will be forwarded to a collection agency, and may affect your credit rating.

NOTICE

You may terminate this Agreement and your TrackInfo Account by calling Customer Service or by emailing us at CS (at) TrackInfo.com.

All Accounts terminated shall take effect upon cancellation by Customer Service following receipt of your request. TrackInfo may terminate this Agreement and your TrackInfo Account, at any time, by providing notice of termination to you by any one of the following methods: electronic mail (email); general posting at TrackInfo's web site; or by US mail or courier service.

TrackInfo REWARDS PROGRAM TERMS AND CONDITIONS

The TrackInfo Rewards Program (the "Program") is provided by TrackInfo. Program members ("Members") automatically earn points ("Points") every time they place an Eligible Wager using their TrackInfo wagering account at the website TrackInfo.com ("Site"). An Eligible Wager is a wager placed by an active TrackInfo account holder in good standing on an official race at specified tracks. Points may be redeemed for cash rewards and, from time to time, for merchandise and services as specified at TrackInfo.com (collectively, "Rewards").

TrackInfo cannot be held responsible for any advertisements hosted by third party websites which refer to specific promotions, or wager reward levels, which are no longer available at TrackInfo.

ELIGIBILITY

Active TrackInfo account holders in good standing are automatically enrolled in the TrackInfo Rewards Program.

Continued membership in the Program is subject to continued compliance in all respects with these Terms and Conditions as well as all of the terms and conditions applicable to the Member's TrackInfo wagering account. Any violation by the Member of these Terms and Conditions or of the terms and conditions applicable to the Member's TrackInfo wagering account as determined by TrackInfo in its sole discretion may result in cancellation of the Member's Points and the ability to earn any Rewards.

EARNING POINTS

A. Points will accrue each time a Member places an Eligible Wager via the Site. In addition, from time to time special offers may provide additional opportunities to earn Points. Details will be provided when each such offer is presented.

B. Members will earn Points for each dollar in Eligible Wagers made at the Site, as posted at the Rewards Program screen at the Site. The number of Points awarded for a particular wager may vary depending upon the track, the type of wager, the Member's location of residence and the Member's current membership level at the time the wager is made.

C. The Rewards Program page of the Site will describe the Points available for each track offered by TrackInfo.

D. Points are credited to the Member's account as soon as the race on which the Member has wagered is official and the track payouts are posted. Members may view their Points balances, as well as summaries of their Points histories, on the Reward Program screens on the Site.

REDEEMING POINTS

A. Members may redeem Points for Rewards via the online reward redemption portion of the Site. The number of Points required for a particular Reward shall be indicated on the Site.

B. Upon verification of a Member's redemption request, TrackInfo will deduct the appropriate number of Points from the Member's total Points earnings. Where Points are redeemed for cash rewards, such rewards shall be deposited into the Member's wagering account. Use of cash rewards shall be subject to all of the terms and conditions applicable to wagering transactions with TrackInfo.

C. Other Reward items, including Merchandise Rewards, which may be offered by TrackInfo, in its sole discretion, from time to time, will be filled upon verification of the Member's redemption request.

D. TrackInfo reserves the right to change, discontinue or replace any Rewards listed on its Site without notice. Reward orders may be subject to availability. Neither TrackInfo nor the Reward Provider makes any representations or warranties regarding, and shall not be responsible for, the delivery, price, availability, quality, performance, utility or any other attribute of any Reward ordered or purchased by a Member with Points. All Merchandise Rewards will be subject to the manufacturer's warranty.

E. Merchandise Rewards will generally be delivered by a commercial delivery service or the U.S. Postal Service within 4-6 weeks of redemption. A street address and daytime phone contact number are required to process a Merchandise Reward redemption. Shipments cannot be made to a post office box or outside the 48 continental United States.

F. All Rewards are final and cannot be returned, exchanged or cancelled

REFER-A-FRIEND PROGRAM

A.    For purposes of the Refer-A-Friend Reward Plan (the "RAF Plan"), the registered user at this website who desires to refer friends to this website is referred to as the "Current User".  The person who is referred by a Current User is referred to as the "Referred User".  A Current User cannot refer themselves, their family, household members, or any individuals residing at the same address, to join as a Referred User - this applies to any new accounts you may set up for yourself or on your behalf.

B.    To qualify for the 'Refer-A-Friend' Reward Plan (the "RAF Plan"), the Current User must be a registered user of this website with an Active status.  Active status means that the user's identity and age have been authenticated, that they have made a deposit to their wagering account at this website, they have wagered a minimum of $1500, and that no deposits have been returned as uncollected.

C.    If you are the Current User, you will be paid  $50 reward dollars based on every friend you refer to TrackInfo.com provided, (1) they register through your referral page at this website, designated as /pp/[your user name], (2) their age and identity are authenticated, (3) they make a deposit to their wagering account at this website, (4) they make at least $50 in racing wagers within their first 30 days of joining this website, and, wager at least $500 dollars within the first 60 days. (5) they have no deposits which have been returned as uncollected.  The number of $50 reward dollars paid to the Current User may vary depending on a number of factors including, a promotions running at a given time.

D.    The Referred User must be a new user to this website, not having previously registered any account at this website.  The Referred User must register their account at the Current User's personal referral page at this website, located at   /pp/[Username of Current User].  No RAF Plan reward payments will be made if the Referred User does not first submit their registration for this website at this personal referral page.

E.    There is no limit to the number of friends a Current User can refer.  All Referred Users must be people the current user actually knows, spamming or other mass marketing of the Refer-A-Friend program at this website will not be tolerated and will result in the Current User's disqualification from the RAF Plan, will result in no payment being made to the Current User under the RAF Plan, and may result in the closure of the Current User's wagering account at this website.

F.    All RAF Plan rewards are made in the form of credits to the Current User's wagering account at this website. .  RAF Plan rewards will be credited to the Current User's wagering account at this website within the first five days of each month.

G.    By agreeing to participate in the RAF Plan, the Current User and the Referred User agree to data regarding the Referred User's level of wagering at this website being disclosed to the Current User as we deem appropriate, for the purpose of the RAF Plan only.  Current Users must notify any Referred Users that data may be shared in this way before referral.

H.    This website reserves the right, in its absolute discretion, to exclude any Current User from the RAF Plan and from this website if it believes you have tried to benefit from the RAF Plan by using more than one username or are otherwise engaged in fraudulent or other activities that indicate that referrals are not made in good faith but for the purpose of abusing the terms and/or spirit of the RAF Plan.  In such instance, Current Users shall not be entitled to participate in the RAF Plan and this website shall not be obliged to provide a reason to you for such exclusion.

I.    This website may at any time suspend, discontinue, modify or void the RAF Plan for any reason that, in its absolute discretion, thinks appropriate and any liability from this website to a Current User shall immediately cease upon a Current User being informed of this action, or if this action is posted on this website.  In respect of any dispute, howsoever arising, this website's decision will be final.  The RAF Plan cannot be used in conjunction with any other promotion.

J. This promotion/offer is not available to TrackInfo affiliates or any other promotional/advertising partner of TrackInfo.com.

 

PROMOTIONS, CONTESTS AND SIGN-UP BONUSES

All contest winners and any individuals receiving sign-up bonuses or promotional awards must register with and establish an active wagering account with TrackInfo.com, providing all information requested by TrackInfo.com in order to verify identity and age, as well as satisfying all additional requirements for the particular contest, sign-up bonus or promotional award.

Contest winners and individuals receiving sign-up bonuses and promotional awards must reside in other than a Restricted Racing State. Wagers on racing at TrackInfo.com may only be placed when the account holder is signing in from a state other than a Restricted Racing State. The TrackInfo.com Restricted Racing States can be found by clicking on Help/Support in the upper right corner of the webpage after signing in to TrackInfo.com, then clicking on Restrictions in the left margin. You will then be able to click on individual states to see whether wagering on racing is restricted.

All contest winnings, sign-up bonuses and promotion awards will be issued as wagering credits in your wagering account at TrackInfo.com. No such winnings, bonuses or awards can be withdrawn from your account unless the full amount of contest winnings, sign-up bonus or award has been wagered, i.e., if the contest winnings was $100 you need to wager at least $100 before you can withdraw these funds.

EXPIRATION AND INACTIVITY

Unredeemed Points shall expire without value no later than two (2) years after the date issued and may not be redeemed after that time.

DISCLAIMER AND LIMITATIONS

A. Neither TrackInfo nor its affiliated companies will be responsible for any loss, injury or damage of any kind incurred by a Member or anyone else in connection with a Member's participation in the Program or any Reward obtained by a Member in connection with Member's participation in the Program or redemption or use of Points issued in connection therewith.

B. THE PROGRAM IS OFFERED "AS IS" AND "AS AVAILABLE." TrackInfo MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM AND TrackInfo HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM, AND ANY REWARDS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TrackInfo SHALL NOT BE LIABLE TO ANY MEMBER OR OTHER PERSON FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH, THE PROGRAM AND ANY REWARDS, EVEN IF TrackInfo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, MEMBER AGREES THAT THE TOTAL LIABILITY OF TrackInfo SHALL IN NO CASE EXCEED $25.

PROGRAM MODIFICATION OR TERMINATION

TrackInfo reserves the right at any time, without notice, to add, remove and/or change or otherwise modify any feature of the Program, the Rewards and/or these Terms and Conditions. TrackInfo further reserves the right to terminate the Program at any time, without prior notice, restriction or penalty. In the event of such termination by TrackInfo, Members shall have a minimum of thirty (30) days from the date of notification of termination of the Program to redeem previously awarded Points in accordance with the provisions set forth in the Terms and Conditions.

SELF EXCLUSION

Individuals may choose to exclude themselves from establishing an account with this website or further participation in pari-mutuel wagering and fantasy games with this website by requesting to be self-excluded. This exclusion request must be made in writing to this website, signed by you, and sent to the following address:

808 3rd Ave South
Suite 207
Fargo, North Dakota
58103

This request must include the following information:

Username at this website
Name
Address
Telephone Number
Date of Birth
Social Security Number

If situations should change in the future and you wish to remove yourself from the self exclusion list, you must also provide written notification of this intent. This written notification will be reviewed by this website's management prior to you being allowed to establish or re-establish an account with this website, and such determination will be made in management's sole discretion.

MISCELLANEOUS

A. Points may not be assigned, sold or otherwise transferred by the Member, by operation of law or otherwise.

B. The Program, including without limitation the earning and redemption of Points, is subject to all applicable laws and regulations and is void where prohibited by law.

C. The accrual of Points and/or redemption of such Points for Rewards may subject a Member to income or other taxes. The Member is solely responsible for determining the extent of any tax liability for any federal, state or local taxes as may be applicable, and any disclosure related thereto or payment thereof.

D. By participating in the Program, Members consent to and authorize TrackInfo to share information about the Member in accordance with the terms of the TrackInfo Privacy Policy Statement (see Privacy Policy section below).

E. All interpretations of these Terms and Conditions, as well as questions or disputes regarding continued eligibility for the Program or the availability of or entitlement to any Points, shall be resolved by TrackInfo in its sole discretion.

F. While TrackInfo will use its best efforts to ensure accuracy of Program information, printing errors occasionally occur. TrackInfo reserves the right to correct such errors at any time even if such errors impact a pending Reward redemption.

TrackInfo WAGER CANCELLATION POLICY

Cancellation of wagers will only be available prior to betting being closed for a given race. Cancellation of wagers is at the discretion of the host track, and TrackInfo.com is not responsible for wagers that are not approved for cancellation.

PRIVACY POLICY STATEMENT

TrackInfo respects the privacy of our Account Holders and the information they provide us, and is committed to protecting Account Holder information.

As a part of this commitment, TrackInfo agrees to diligently protect information submitted by TrackInfo Account Holders, including Social Security numbers, Credit and Debit Card information, and banking information, from all entities foreign to TrackInfo. In addition, TrackInfo stipulates to secure all Social Security numbers, Credit and Debit Card information, and banking information from co-marketing arrangements.

Information submitted by TrackInfo Account Holders, including residence address, e-mail, phone number, and the like, are retained and used by TrackInfo to protect and administer Account Holder accounts, help design and improve TrackInfo' products and services, and in any other fashion deemed reasonably appropriate by TrackInfo.

TrackInfo collects the domain name, IP address, and e-mail address of visitors to its web site, the e-mail addresses of those who post messages on the TrackInfo bulletin board, the e-mail addresses of those who communicate with TrackInfo via e-mail, the e-mail addresses of those who make postings to TrackInfo's chat areas, aggregate information on what pages TrackInfo's consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations. The information TrackInfo collects is the exclusive property of TrackInfo and may be used in any fashion deemed reasonably appropriate by TrackInfo.

Account holders are advised that in the event of an investigation by state or federal authorities or track or regulatory inquiry, the account holder waives any and all rights to account holder information and data in TrackInfo's possession, and account holder specifically authorizes TrackInfo to disclose said data and personal and wagering information, and Account Holder releases TrackInfo of all liability in this regard to the full extent possible by law.

For site security purposes, and to ensure the TrackInfo service remains available to all Account Holders, all network traffic is monitored in order to identify unauthorized use attempts to upload or change information, or otherwise cause damage or conduct criminal activity. Unauthorized attempts to upload or change information, or otherwise cause damage to this service, are strictly prohibited and shall be punishable under applicable federal law.

RETURN OF FUNDS UPON SUSPENSION OR TERMINATION

Either we or you may suspend or terminate your account at any time, either with or without cause, upon notice (we will use our reasonable endeavours to give such notice to you either before or after suspending or terminating your account). Please contact help@TrackInfo.com if you would like to close your account.

Following termination or suspension of your account, we will, in the normal course of events, return any funds in your account to you. Please contact help@TrackInfo.com to recover any funds held in suspended or closed accounts.

However, we reserve the right to withhold the funds in your account from you pending the determination of any investigation (including any relevant external investigation) where:

  1. we suspect you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site, including where we suspect the account has been linked with fraudulent or dishonest activity; and/or
  2. we have to withhold the funds in your account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.

Following the determination of any such investigation we reserve the right to seize some or all of the funds in your account if we are satisfied that you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site. We will deal with any funds obtained by us in this manner at our sole and absolute discretion or in accordance with any advice, request or instruction from any governmental, regulatory or enforcement authority.

In addition, if formally requested by the police, gambling regulators or taxation or other authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory authorities (wherever based) we may suspend your account and all functionality relating to the use of your account, and to withhold from you any funds in your account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide information as appropriate.

MILLION DOLLAR HOME RUN DERBY PROMOTION

The MILLION DOLLAR HOME RUN DERBY Promotion (the "Promotion") is provided by Ubiquitous Team, Inc. ("Sponsor"). The following Official Rules outline your obligations when participating in the Promotion. Participation in the Promotion is also governed by our Terms and Conditions (the "Terms and Conditions") and our Privacy Policy (the "Privacy Policy"), and such Terms and Conditions and Privacy Policy are hereby incorporated in their entirety into these Official Rules by reference. In case of a conflict between the Terms and Conditions, Privacy Policy and/or the Official Rules, the Terms and Conditions shall govern.

1) PROMOTION DESCRIPTION: The Promotion begins on March 31, 2014 and ends on October 30, 2014 (the "Promotional Period"). By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

2) ELIGIBILITY: You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the service for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms. Additionally, you must be able to represent and warrant that you comply with the "Eligibility Conditions for Use of Service" as described in the Terms and Conditions.

In order to deposit money to play paid entry games you must be able to represent and warrant that:

If you do not meet the eligibility requirements of this section, then do not use the service. In addition to any other rights that Sponsor may have in law or equity, Sponsor reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the service that does not meet the foregoing requirements. Sponsor may require you to provide proof that you are eligible to participate prior to receiving a prize.

You may establish only one (1) account per person to participate in the activities offered on the service. In the event Sponsor discovers that any individual has opened more than one (1) account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all accounts associated with a single individual and terminate, withhold or revoke the awarding of any prizes to such individual.

3) PROGRAM OVERVIEW: The Promotion is a series of one-day fantasy baseball contests. Standard entry procedures and fees will be in place for the Promotion. Sponsor reserves the right to determine when and how often the Promotion will be offered during the Promotional Period. On days during the Promotional Period in which zero or one MLB games are played, the Promotion will not be offered. The Promotion will not be offered in conjunction with the MLB All Star Game.

In one-day fantasy baseball games offered by Sponsor during the Promotional Period which are (1) designated as a "Million Dollar Home Run Derby" contest, or (2) designated as a "$1,000,000 Home Run Derby" contest, or (3) designated as a Home Run Derby contest and the entry fee is at least $5.50, qualified entrants shall select a designated MLB player for each of the following nine (9) positions:

Entrants will select one, and only one, MLB player for each of these nine (9) positions. These selections will collectively be considered an entry (an "Entry"). In the event all nine selected players hit a home run, as recognized by MLB, on the same day for which the contest applies, and the entrant has met all the obligations and requirements detailed herein, the Prize will be awarded. For days when a double-header is scheduled to be played, only home runs from the first scheduled game of the day will be used to determine if a player has hit a home run on that day. Entrants may qualify to submit multiple Entries via methods described on the entry site. Entries in contests which are cancelled are not eligible to win the Prize. Position eligibility for players will be determined by Sponsor, which may change during the Promotional Period.

4) PRIZES: In the event any entrant has a winning Entry as described herein, the Prize Payout ("Prize") will be:

Please note that the Prize may be paid in the form of twenty (20) annual payments of Fifty Thousand Dollars ($50,000) in each year. In the event there is more than one winner during the Promotional Period, the Prize will be divided equally among the winners. Any potential expenses, taxes, and fees associated with a prize are the sole responsibility of the winner. Winners understand that Sponsor may be required to withhold a portion of the Prize for tax withholding purposes and submit such withholding to the proper tax authorities.

5) VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: Upon request, any potential winner will receive via email an Affidavit of Eligibility and Publicity/Liability Release ("Affidavit/Release") and corresponding tax forms following the verification of their winning Entry. Any potential winner must submit all forms either via email or standard mail within ten (10) days after having submitted a winning Entry. The information in the winner's Affidavit of Eligibility must be correct or potential winner will be disqualified. If any potential winner is ineligible, fails to claim a prize in accordance with these rules, or fails to return the completed and executed Affidavit/Release as required, the prize will be forfeited. Prize amounts will be sent via bank transfer within ten (10) business days after winners have been confirmed. By participating, a winner, except where prohibited by law, grants Sponsor, Sponsor's affiliated companies, Sponsor's designees and their affiliated companies the right to use the winner's name, likeness, picture, portrait, hometown, voice, biographical information and written or oral statements, for advertising and promotional purposes without additional compensation.

6) APPLICABLE LAW: The Promotion is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Promotion will be governed exclusively by the laws of the State of California, without regard to its conflicts of laws rules. Any litigation arising out of or relating to this Promotion must be filed and pursued exclusively in the State or Federal courts in San Francisco County, California, and participation in the Promotion means you consent to the jurisdiction of and venue in such courts.

7) OWNERSHIP AND RELEASES: All entries become the exclusive property of Sponsor and will not be returned. Sponsor, its subsidiaries, affiliates, distributors, retailers, sales representatives, and advertising and promotion agencies involved in the Promotion and each of their respective employees, officers and directors (collectively, the "Releasees") are not responsible for: late, lost, stolen, damaged, garbled, incomplete, or misdirected entries; errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of hardware, software, communication devices or transmission lines; or data corruption, theft, destruction, unauthorized access to or alteration of materials, loss or otherwise. Further, Releasees are not responsible for communications which are undeliverable as a result of any form of active or passive filtering of any kind or any participant's inability to receive telephone calls, text messages or emails for any reason. Releasees disclaim any liability for damage to any computer, mobile device or other hardware resulting from participation in, or accessing or downloading information in connection with, this Promotion. By entering, each participant agrees to release the Releasees from any and all liability, loss or damages arising from or in connection with participation in this Promotion, the awarding, receipt, use or misuse of a prize or participation in any prize-related activity.

8) ALTERNATE MEANS OF ENTRY: A person satisfying the eligibility requirements set forth above in Section 2 may receive one (1) free mail-in entry without purchase. In order to obtain a free entry, send a 3 x 5 postcard with your first name, last name, mailing address, phone number, date of birth, last four digits of your social security number and e-mail address in a properly stamped #10 envelope to: "Million Dollar Home Run Derby Promotion Entry," c/o SCA Promotions, 3030 Lyndon B. Johnson Freeway, Suite 300, Dallas, Texas 75234. Mail-in entries must be postmarked by October 20, 2014 to be eligible.

9) ENDING PROMOTION: Sponsor reserves the right to restrict entries from any entrant if suspicious activity is suspected or detected. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Promotion at any time. In addition, the Promotion will end on the day for which there is a winning Entry or Entries. In the event of any such cancellation, termination or suspension, a notice will be posted on the entry site. Sponsor reserves the right, at its sole discretion, to disqualify any participant (and all of his/her entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if his/her tampering, fraud or misconduct affects the integrity of this Promotion. Sponsor reserves the right to correct errors in promotional materials. By participating in this Promotion, each participant accepts the conditions stated in these rules, agrees to be bound by the decisions of the Sponsor and warrants that he/she is eligible to participate in this Promotion.