Terms and Conditions: By accessing the FC Cincinnati Gigapixel on the Blakeway Gigapixel viewer you acknowledge that you have read, understood, and have agreed to the Terms and all related documents. It is very important that you read them carefully. If you do not agree to be bound to the Terms and all related documents, you are not allowed to access the FC Cincinnati Gigapixel or the Blakeway Gigapixel viewer in any form or fashion. For the purposes of these Terms and Conditions, "FC Cincinnati" refers to Fussball Club Cincinnati, LLC, the entity that operates the Major League Soccer ("MLS") team known as FC Cincinnati.
1. That all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs whether registered or unregistered, and other materials) in the Site are vested in Blakeway Panoramas or its licensors, as applicable. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in Blakeway Panoramas shall inure to Blakeway Panoramas. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in FC Cincinnati and/or MLS shall inure to FC Cincinnati and/or MLS. You further agree that you will not utilize any of these resources for commercial purposes unless specifically approved by Blakeway Panoramas and FC Cincinnati.
2. This Site, including all materials therein ("Materials"), is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site, including all Materials, and to prevent any unauthorized copying of the Materials. Blakeway Panoramas does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation, nor does FC Cincinnati or MLS.
3. Any information, unsolicited suggestions, ideas or other submissions provided by you will be deemed not to be confidential and to be non-proprietary. By sending any such information or material you grant Blakeway Panoramas an unrestricted, royalty-free, irrevocable and world-wide license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Blakeway Panoramas is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
4. 360 Fan Photo Sweepstakes Presented by FC Cincinnati - Official Rules: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
ELIGIBILITY: The "360 Fan Photo Sweepstakes" Presented by FC Cincinnati (the "Sweepstakes") is open to legal residents who live within (a) a seventy-five (75) mile radius of TQL Stadium ("Stadium") in Cincinnati, Ohio and (b) the Designated Market Areas (as defined by Nielsen Media Research Company (or any other entity selected by MLS in its reasonable discretion whose market definitions are commonly used in the media industry)) of Lexington, Kentucky, Louisville, Kentucky and Indianapolis, Indiana (the "Territory") who are of legal age of majority in the jurisdiction in which they reside (and at least 18 years old) at the time of entry. Employees, officers, and directors (including immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Fussball Club Cincinnati, LLC, d/b/a Football Club Cincinnati ("Club" and "Sponsor"), Major League Soccer, L.L.C. ("MLS"), and Soccer United Marketing, LLC ("SUM" and collectively with Club and MLS, the "MLS Entities") and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win a prize. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void outside Territory, and where prohibited or restricted by law, rule or regulation.
HOW TO ENTER: The Sweepstakes begins at 12:00 AM EST on October 30, 2023, and ends at 11:59 PM EST on November 6, 2023 ("Entry Period"). During the Entry Period, there is one (1) way to enter. No other method(s) of entry will be accepted. Limit one (1) entry per person. Multiple entries received from any person or family or e-mail address or household in excess of the stated limitation will be void. The clock of the Club will be the official timekeeper for this Sweepstakes. All information and files submitted in the format specified will become property of Club and used as provided in the MLS Terms of Use and Privacy Policy, each of which can be found by visiting http://www.mlssoccer.com/terms-service and http://www.mlssoccer.com/privacy-policy (both of which are incorporated herein by reference).
ONLINE METHOD: To enter the Sweepstakes, during the Entry Period, go to https://gigapixel.panoramas.com/fccincinnati/20231029/ and click on the banners, buttons and/or links to access the online entry form for the Sweepstakes and register by filling out the required fields on the Sweepstakes entry page which will include:
1) Name
2) E-mail Address
3) ZIP Code
By submitting your completed online entry form and all other requested information as directed, you will receive one (1) entry in the Sweepstakes. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete entries are void. Online entrants to the Sweepstakes will be given the option to receive commercial e-mails from MLS Entities and complete a survey from MLS Entities; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's consent to receive such e-mails or completing such a survey and consenting to do so and/or completing the survey will not increase your chances of winning.
RANDOM SELECTION: The potential winner of the Sweepstakes ("Winner") will be selected by random drawing at or around 12:00 PM EST on November 11, 2023, from among all eligible entries received by the Club. The decisions of Club are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received during the Entry Period.
PRIZES: A Total of One (1) Prize (each a "Prize") Are Available to Be Awarded. One (1) Winner will receive one (1) autographed authentic FC Cincinnati kit. The total Approximate Retail Value ("ARV") is: $200.00. Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein as being provided, or in excess of the maximum amount specified above, are the sole responsibility of the Winner. All Prize details, are at Club's sole discretion and may be subject to terms and conditions of Club.
Each Prize is non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor's sole and absolute discretion. Club reserves the right to substitute each Prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. The Prize may be considered income, and any and all taxes associated with a Prize are the responsibility of each Winner. Any person winning over six hundred dollars ($600.00) in prizes will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
NOTIFICATION: The Winner will be notified by Sponsor by e-mail, mail, and/or telephone (in the sole discretion of Club and/or the applicable MLS Entity, as applicable) on or about November 13, 2023. In the event that the Winner does not respond to any such notification within three (3) days of the date of issuance, a disqualification will result, their Prize will be forfeited and, at Club's sole discretion and time permitting, an alternate Winner may be chosen from among all remaining eligible entries. The Winner may be required to submit his/her valid social security number (if applicable) and/or other identification to Club and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Release of Publicity, within five (5) days of date of issuance. A disqualification will result, the Prize, as applicable, will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate Winner, as applicable, may be randomly selected from among all remaining eligible entries if all required documents are not properly executed and returned within the specified period. Refusal or return of such documents as non-deliverable or Winner noncompliance with these Official Rules will also result in disqualification and forfeiture of the Prize and, at Club's sole discretion and time permitting, may cause an alternate Winner to be selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against, and to indemnify and hold harmless, Club, the MLS Entities, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize, as applicable. Each Winner, by acceptance of the Prize, grants to Club, the MLS Entities and each of their respective designees the right to publicize such Winner's name, address (city and state of residence), photograph, voice and/or other likeness and prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, through online methods. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider ("ISP"), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials or the cancellation or postponement of any MLS game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, human-error or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant's or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. All information and files submitted in the format specified will become property of Club and used as provided in the MLS Terms of Use and Privacy Policy, each of which can be found by visiting http://www.mlssoccer.com/terms-services and http://www.mlssoccer.com/privacy-policy (both of which are incorporated herein by reference).
The Sweepstakes is designed to increase consumer awareness of and interest in the Club and MLS. This Sweepstakes may not be used for any form of gambling. In the event that the Sweepstakes is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Sweepstakes, or to disqualify participants residing in the affected geographic areas. In such event, Released Parties shall have no liability to any participants who are disqualified due to such an action.
Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, the MLS Entities and/or their respective agents. Sponsor and the MLS Entities shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize, and (ii) disclaim any implied warranty. All disputes will be resolved under applicable U.S. laws in Hamilton County, Ohio without giving effect to choice of law or conflicts of law principles (whether of the state of Ohio, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Ohio. Sponsor's failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.
The Club and the MLS Entities, as applicable, reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the Winners and award the Prize from among all non-suspect, eligible entries received up to the time of such cancellation. The parties acknowledge that the MLS Entities are not involved or responsible for the execution of the Sweepstakes.
By entering the Sweepstakes, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or the Prizes awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (3) under no circumstances will entrants be permitted to obtain any award for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out- of-pocket expenses.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND MLS WILL DISQUALIFY ANY SUCH ENTRANT, AND CLUB AND THE MLS ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
If only one entry per person is permitted, in case of multiple entries received from any person or e-mail address or household, only the first entry received from such person, e-mail address or household will be considered. In the event of a dispute as to the identity or eligibility of the Winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address. Club reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
WINNERS' LIST: For identity of the Winners, mail a self-addressed stamped envelope to: "360 Fan Photo Sweepstakes" Presented By FC Cincinnati Winners' List 14 E. Fourth St. Cincinnati OH 45202. Winners' list requests must be received by December 31, 2023.
SPONSOR: The Sponsor of this Sweepstakes is Fussball Club Cincinnati, LLC, having an address of 14 E. 4th Street, Cincinnati, OH 45202.
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7. Handwritten changes to this document are not permitted and will not be honored. This Agreement constitutes the entire Agreement and shall not be modified except via written document, executed by both parties. If any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
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9. Limitation of liability IN NO EVENT SHALL BLAKEWAY PANORAMAS OR FC CINCINNATIBE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF BLAKEWAY PANORAMAS OR FC CINCINNATI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL BLAKEWAY PANORAMAS OR FC CINCINNATI BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY IN REGARDS TO ANY THIRD PARTY SITE.
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