Terms & Conditions
Terms & Conditions
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The official 977 Listener Points User Agreement, Rules, Terms & Conditions and Disclaimers
The 977 Listener Points Program (the "Service"), owned and operated by Club 977, Inc. ("Service Provider", "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service and all Points you have accrued in the Service, without notice, in addition to Service Provider's other remedies. Access to and use of the Service are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. The following rules may be modified by Service Provider from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. BY ACCESSING THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
Description of the Service
The Service is a program where registered users may accrue Points by engaging in certain activities, and may, in turn redeem Points for certain reward offers ("Prizes") provided by the Service provider, advertisers and other sponsors ("Sponsor"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value.
Users must be at least 18 years or older at the time of entry to be eligible. Void where prohibited by law. Employees of Club977, Inc., subsidiaries, affiliates, web development companies and any Sponsor's companies and their respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities, and their immediate families are not eligible.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the points levels, in whole or in part, for any reason, at our sole discretion. We may, among other options, withdraw, limit, modify or cancel any Prize; increase the points required for any Prize; or modify or condition the transferability of Prizes or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is not true, inaccurate, not current or incomplete; or if we or any of our service providers have reasonable grounds to suspect that such information is not true, inaccurate, not current or incomplete; we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. Only one member account per person. To receive Prizes, your shipping address must be correct and current. Points for Prizes returned for incorrect addresses will not be credited back to your account.
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to logout at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your points accrued will be forfeited.
To earn and accumulate Points, you must undertake an activity described in a Service-authorized promotion for earning points, which may include, but is not limited to: All page visits, visit station page (media player), visit your own profile page, visit an artist page, add a friend, profile views, invite friends, commenting (photos, videos, blogs), creating a blog entry, joining a group, voting in who's not / receiving votes, listening to a station (for each minute) and other actions that may be included from time to time. We expressly reserve the right to establish additional means of accruing Points; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of points; to specify periods after which unused points will be forfeited or reduced in percentage. Points can be accrued only for activity taken and completed by you and can be applied only to your account. As a member of the 977 Listeners Points Service you will automatically be signed up to receive our newsletter, at any time after sign up you may opt out of the newsletter by clicking on the unsubscribe link at the bottom of each newsletter. You may earn points from only one computer or network access point at any given time; simultaneous activity on multiple computers for one account will not be credited. Excessive clicks, page views or listener minutes on our website are considered fraudulent. We reserve the right to suspend or terminate any account or void the points earned on any account for any reason at our discretion. Excessive clicks or page views will be defined as more than 1000 clicks per day. Excessive station listener minutes will be defined as more than 1440 minutes accured in ONE 24 hour period. Points posted to your account for transactions that are subsequently voided will reduce the points accrued in your account by the number of points earned for the corresponding voided transaction. We will use reasonable efforts to allocate earned points to your account; however, you are responsible for ensuring that points are properly credited. If you believe that points have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of points by you and proof of accrual within two months after the date such points are claimed to be earned. Points will be maintained in your account until they are redeemed for a Prize or are forfeited, whichever occurs first. All decisions regarding point balances, Prizes, forfeitures, and the identity of any individual accessing an account, are within our sole discretion.
You may redeem Points accrued in your account for Prizes, provided that your account is in good standing at the time of the Points redemption request. Points may be used to purchase only the prizes shown on our website (www.977music.com). Prizes are subject to availability and other terms and conditions. There is no substitution for any prize or portion thereof, except due to unavailability, in which case a prize of equal or greater value will be awarded at the discretion of the Service Provider. Points earned in two or more different accounts may not be combined to redeem for any Prize. Some Prizes have limited availability, and in some cases, Prizes you select are sent to you directly by the Sponsor, who is solely responsible for the quality and performance of the goods supplied. Prizes will only be shipped to the location address you provide with your account, no exceptions. Prizes mailed outside of the US may be subject to a delivery charge. Any rules of the merchants relating to returns and exchanges apply, but no points will be credited to your account. We reserve the right to modify or cancel any Prize offering at any time. Redeemed Prizes are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Prizes, or points under any circumstances. Winners may be required to execute and return an affidavit of eligibility. The Prize winners will be fully responsible for any and all federal, state and local taxes.
Privacy and use of information
The information that you provide in connection with the 977 Listener Point Service may be used for Service Provider's internal purposes and to send you information about Service Provider's and Sponsor's products, but will not be provided to third parties, except as necessary for the administration of the Service (i.e. to the Sponsors to send Prizes) or as required by law or legal process. Any entrant who does not wish Service Provider and/or Sponsor to send information to the entrant about its products should not participate in the Service. Entry constitutes permission to post users' names on our Website and to use winner's name, hometown and/or likeness for purposes of advertising and promotion without further compensation unless prohibited by law. By participating in the Service, you agree that we may collect and use personal information about you that you provide to us in accordance with our Privacy Statement. By using the Service, you agree to be bound by the terms of our Privacy Statement.
The Service contains information, facts and opinions from various sources. The service are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied Warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Coincide Media nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Service.
Fraud or abuse relating to the accrual of Points or redemption of 977 Listener Points for Prizes may result in forfeiture of accrued points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR PRIZES. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM 977 LISTENERS POINTS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR PRIZES THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY PRIZES. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. It will be considered fraudulent and a violation of these terms and conditions for any individual or company to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for company use.
Limitation of liability, indemnity and release
Your use of the Service is at your own risk. NEITHER CLUB 977, INC NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE INFORMATION AVAILABLE ON THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CLUB 977, INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE INFORMATION AVAILABLE THEREON. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of points, use of Prizes, or other participation in the Service.
If for any reason this Service is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Service Providers which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Service , the Service Providers reserve the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Service. The Service Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Service Provider is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by the Service Provider due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Service or downloading any materials in this Service. SPONSORS ARE NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. NOTE: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON/S RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an email address, the winning entry will be declared made by the "Authorized Account Holder" of the email address submitted at time of entry. "Authorized Account Holder" is defined as the person 18 years of age or older who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g. business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Use of automated devices are not valid for entry.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove points from your account as a penalty, terminate your access to the website, and/or deactivate or delete your membership account if we determine that you have violated our Terms and Conditions.
You agree to indemnify and hold us, our parent company(s), subsidiaries, affiliates, officers, agents, representatives, Sponsors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content or keywords you post to the site or any interference with the operation of the site.
The materials used and displayed on the Service, including, but not limited to, text, software, photographs, graphics, illustrations and artwork, music, video and sound, and names, logos and trademarks, are the property of CLUB 977, INC. or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of CLUB 977, INC. or the appropriate affiliate.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Service Providers and their affiliates, representatives, agents, directors, officers, shareholders and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond their control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, delivery or failure to timely deliver, possession, or use of the prize, or from participation in the Service; or (vi) any printing or typographical errors in any materials associated with the Service. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with particpating in the Service), and participant further waives all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use of or inability to use the service or any other provision of these terms and conditions.
By participating in the Service, participants agree to release, discharge and hold harmless Service Providers and their affiliates, representatives, agents, directors, officers, shareholders and employees from any and all liability from any injures, losses, or damages of any kind arising from or in connection with the Service. If, in Service Providers' sole opinions, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Service, or if technical difficulties compromise the integrity of the Service, Service Providers reserve the right to terminate the Service, disqualify any individual who has tampered with Service and conduct a random drawing to award the prize using all eligible entries received as of termination date. Any attempt to deliberately hamper the operation of this Service is unlawful and subject to legal action by Service Providers and/or their agents.
By using this Service, entrants and Prize Winners: (1) agree to be bound by these rules; (2) agree to release Service Providers, and their respective parent companies, and their employees, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Service, or the acceptance, possession, use or misuse of any prize, and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of their names, voices, pictures, and likenesses for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. Service Provider may discontinue the Service at any time. Service Providers may terminate any Service or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Service's security and fairness. Service Providers may prohibit individuals from participating in Service and disqualify entries if they (1) attempt to enter the Service through any means other than as described in these Rules, (2) attempt to disrupt the Service or circumvent the terms and conditions of these Rules in any way or (3) repeatedly show a disregard for the Service Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Service Providers. Service Providers' decisions with respect to the Service are final.