YourEncore Terms of Service

These Terms of Service (“Terms”) apply to the use of the YourEncore events (the “service”) by YourEncore Events, LLC. ("YourEncore", “we”, “us” or “our”), and these Terms represent a binding agreement between you as the user of the service (“you” or “your”) and YourEncore. By purchasing and using the service (“Services”) provided by YourEncore, you confirm your acceptance of these Terms and our associated Privacy Policy.

 

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 13 BELOW BEFORE USING OUR SERVICES.

 

1. Changes

 

We may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue using the service. You understand and agree that we may change or discontinue or service any time at our sole discretion. 

 

2. Eligibility and Registration

 

You must be at least 18 years of age and a resident in the United States to use our Services. You further affirm that you 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. You can register to participate in video chats and other Services offered by completing our registration form. You agree to provide complete and accurate information when registering to use the service and to keep that information updated.

 

3. License

 

YourEncore hereby grants you a non-exclusive, non-transferable, revocable license to use our service for your personal, non-commercial use. All other rights are reserved by YourEncore. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.

 

4. Video Chats

 

The service allows you to connect with celebrities, artists and entertainers (“Artist”) as well as other users through video chats. You agree YourEncore shall have the right to record your video chat sessions with other users and/or the Artists and that YourEncore shall own all right, title and interest, including all intellectual property rights, in the video chat. YOU CONSENT TO BEING RECORDED USING THE YOURENCORE VIDEO CHAT FEATURE. IN ADDITION, YOU AGREE NOT TO SCREEN RECORD OR IN ANY OTHER WAY RECORD ANY VIDEO CHAT OR ANY CONTENT PRODUCED ON THE YOURENCORE PLATFORM INCLUDING PLATFORM COMPONENTS PROVIDED BY OTHER THIRD PARTY APPLICATIONS USED BY THE YOURENCORE SERVICE.


 

5. Intellectual Property

 

"YourEncore", and associated logos are the trademarks of YourEncore Events, LLC.  Other trademarks, service marks, graphics and logos used in connection with our service are the trademarks of their respective owners (collectively “Third Party Trademarks”). The YourEncore Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of YourEncore or the applicable trademark holder. The service is protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to YourEncore and its licencors.

 

6. User Content

 

The Service may contain features that allow you to post or provide comments, photos, videos or other content (collectively, “User Content”). You retain the right to your User Content, except for the video chats. However, you grant to YourEncore the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.

 

7. Prohibited Uses

 

You agree not to use the Services in any way, provide User Content or engage in any conduct that:

  1. is unlawful, illegal or unauthorized;

  2. is defamatory of any other person;

  3. is obscene, sexually explicit or offensive;

  4. advertises or promote any other product or business;

  5. is likely to harass, upset, embarrass, alarm or annoy any other person;

  6. is likely to disrupt our service in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  7. Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or

  8. advocates, promotes or assists any violence or any unlawful act.

 

We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation Section 7. In addition, we reserve the right at our sole discretion to terminate any user’s access to our service if they violate this Section 7 or any other provision of these Terms.

 

8. Third Party Links

 

The Service may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively “External Applications”) for your convenience. We are not and cannot be responsible for the External Applications’ content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.

 

9. Indemnification

 

You agree to defend, indemnify, and hold harmless YourEncore, any Artist and each of their respective parent companies, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorney’s fees) arising from your use of the service, User Content or breach of these Terms. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.

 

10. Disclaimer of Warranties

 

We provide the service on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, YourEncore does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the service or its content. To the fullest extent permitted by applicable law, YourEncore hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the service is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the service by you is in compliance with laws or that any information that you transmit in connection with this service will be successfully, accurately or securely transmitted.

11. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOURENCORE NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE PRE-RELEASE APPLICATION, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APP IS TO STOP USING THE APP, AS APPLICABLE.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the service exceed $100.

 

12. Governing Law

 

These Terms shall be governed by the laws of the State of New Jersey, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of New Jersey with regard to any dispute arising out of or relating to these Terms.

 

13. Arbitration Provision

 

You and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the service will be determined by mandatory binding individual (not class) arbitration. You and YourEncore further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

 

You and YourEncore both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Provision doesn’t stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

YOU AND YOURENCORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and YOURENCORE agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Either you or we may start arbitration proceedings. Any arbitration between you and YourEncore will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and YourEncore agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.

 

Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or YourEncore may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

 

If you choose to file an arbitration proceeding and you are required to pay a filing fee, YourEncore will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. YourEncore will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If this Arbitration Provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this section shall govern any claim in court arising out of or related to the Agreement.

14. Termination

These Terms are effective unless and until terminated by either you or YourEncore. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the service. Upon any termination of the Terms by either you or us, you must promptly cease using the Services.

 

Sections 5, 6 and 9 through 16 shall survive termination of these Terms.

 

15. Intellectual Property Claims

 

We respect the intellectual property rights of others and require that users of our Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Louis B. Holder 602 Farrell Court, Old Bridge New Jersey 08857

 

To be sure the matter is handled immediately, your written notice must:

 

Contain your physical or electronic signature;

 

Identify the copyrighted work or other intellectual property alleged to have been infringed;

 

Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

 

Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

 

Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

 

Contain a statement that the information in the written notice is accurate; and

 

Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

 

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

 

Submitting a DMCA Counter-Notification

 

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

 

Your physical or electronic signature;

 

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

 

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

 

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.



 

16. General

 

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and YourEncore with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by YourEncore as provided herein or otherwise by written instrument signed by YourEncore. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with YourEncore’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. YourEncore may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

17. Contact Us

 

If you have any questions regarding our Services, you can email us at team@yourencore.co.


 

YOURENCORE GIVEAWAYS

 

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE YOURENCORE GIVEAWAYS. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

CONSUMER DISCLOSURE


You have not yet won.

 

1. DESCRIPTION. YourEncore will host periodic giveaways (each a “Giveaway”) to users of the YourEncore services as described on the YourEncore websites at www.yourencore.co (the “Site”). YourEncore or the artists featured on the service may offer entries for specific actions, such as posting about an upcoming tour, sharing digital content, or streaming a specific song or video. Prizes can include video chat with the artist, tickets to artist performances, and other prizes.

 

2. AGREEMENT TO RULES. By using the service and entering any Giveaway, you agree to be bound by these Official Rules and all decisions of YourEncore in connection with the Giveaways. You must also comply with the Terms of Service.

 

3. ENTRY PERIOD. The entry period for each Giveaway will be specified on the Site (each an "Entry Period"). Unless otherwise stated on the Site, all stated times are Eastern Time. Entries submitted before or after the Entry Period will not be accepted for the stated Giveaway. The time clock on YourEncore’s servers or entries will be the official time clock for the Giveaways.

 

4. ELIGIBILITY. The Giveaways are only open to residents of the United States and the District of Columbia, who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of YourEncore, the artist, or any administrator of the Giveaways(“Promotion Entities”), and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals (each eligible person will be referred to as an “Eligible Entrant”). You must have downloaded the Service to your mobile device and have a valid YourEncore account to enter.

 

5. HOW TO ENTER. The Site will describe the means by which you can enter the stated Giveaway. An entry shall comply with these Official Rules and any additional requirements specified by YourEncore; if an entry involves use of a social media channel such as Facebook or Instagram (“Social Media Channels”), it shall also comply with the terms applicable to use of such Social Media Channels. The Giveaways are not endorsed by or affiliated with the Social Media Channels.

 

Entries shall not contain any content that infringes any person’s intellectual property rights, rights of privacy or publicity, is obscene, defamatory or otherwise in violation of any applicable law, or is disparaging of the Promotion Entities. Only one(1)entry per person is permitted unless otherwise specified on the Site. Any Entry that contains content that violates these Official Rules or the terms of use of the Social Media Channels shall be disqualified.

 

Any attempt to obtain multiple entries through false or fictitious names, accounts, and email addresses will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the Eligible Entrant. The“authorized account holder” is the natural person assigned an email address by an ISP, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Any use of automated or scripted form of entries will result in disqualification.

 

6. PRIZE DESCRIPTION. The prizes (“Prizes”) will be described for each Giveaway on the Site. Odds of winning depend on the number of eligible entries. The Prizes do not include transportation, parking, food, drink, or other expenses relating to use of the Prize or attending Prize-related events, if applicable. YourEncore is not responsible for replacing any lost Prize tickets or if the Prize winner is unable to attend the Prize events on the dates indicated or any rescheduled dates.

 

7. WINNER SELECTION AND NOTIFICATION. The potential Prize winner(s) will be selected based on a random drawing of eligible entries, unless other criteria (“Other Criteria”)are used to select the winner as set forth on the Site. The winners will be notified by email at the email account provided on their YourEncore account. The winner is subject to eligibility verification and compliance with the Official Rules. If a potential winner does not respond to the email notification within the period specified in the notification or such email notification is returned as undeliverable, then such person may be disqualified and an alternate winner may be selected via a random drawing or by using Other Criteria, if applicable.

 

8. TAXES. All federal, state and/or local income, and other taxes, if any, incurred with connection with the Prize are the winner’s sole responsibility.

 

9. NO PRIZE TRANSFER OR SUBSTITUTION. No Prize or any portion thereof is transferable or redeemable for cash. Any portion of the Prize that is not used is forfeited. No substitutions for the Prize will be available, except that YourEncore may substitute a prize of equal or greater value if the stated Prize is not available.

 

10. CONSENT AND RELEASE. Except where prohibited by law or regulation, by participating in this Giveaways, each Eligible Entrant grants the Promotion Entities a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, winning video, voice, and likeness in connection with the promotion of this and other Giveaways, and each Eligible Entrant waives any and all claims and/or rights to receive any royalties or other compensation for the Promotion Entities’ use thereof, unless prohibited by law. The winner may be required to complete, sign, notarize, and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within the time period specified by YourEncore. If these documents are not returned properly executed within the time specified by YourEncore, or are returned to YourEncore as undeliverable, then such Prize winner will be disqualified, and the Prize will be forfeited and awarded to an alternate winner.

 

11. LIMITATION OF LIABILITY & RELEASE. By participating in the Giveaways, Eligible Entrants agree to indemnify and hold harmless the Promotion Entities and Social Media Channels, each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, “Releasees”) from and against any and all injuries, losses, damages, claims, and actions of any kind arising from or relating to participation in the Giveaways or acceptance, possession, use, misuse, or non-use of the Prize that may be awarded, including, without limitation, actual, direct ,indirect, consequential, punitive, special, or other damages

 

12. DISQUALIFICATION. if an Eligible Entrant or potential winner is found to be in eligible, or if an Eligible Entrant or potential winner does not comply with the Official Rules, then such Eligible Entrant or potential winner may be disqualified and an alternate winner chosen through a random drawing of remaining Eligible Entrants. If a Prize or prize notification is returned as undeliverable, then the corresponding potential winner may be subject to disqualification. In the event an Eligible Entrant or potential winner is deemed ineligible or disqualified for any reason under the provisions of these Official Rules, then an alternate winner will be selected via a random drawing.

 

13. GENERAL CONDITIONS. Neither YouEncore nor any other Promotion Entity is responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered entries or e-mail, or for lost, interrupted or unavailable satellite, network, server,Internet Service Provider (“ISP”), Website, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. Further, the Promotion Entities are not responsible for any typographical, human, or other error in the printing of Giveaways and/or collateral advertising materials, administration of the Promotion, processing of the invoices, or in the announcement of the prize recipients or in any other materials or information associated with the Giveaways. Participant hereby agrees Promotion Entities shall have no liability for any such materials, printing, production, typographical, mechanical, or other errors. Persons who tamper with or abuse any aspect of the Giveaways, the Site, as solely determined by YourEncore, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAYS IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS,AND SHOULD SUCH AN ATTEMPT BE MADE, YourEncore RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. YourEncore is not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from participating in the Giveaways or downloading materials from or use of the Site. Should any portion of the Giveaways be, in YourEncore’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures, or other causes similar or dissimilar which, in the sole opinion of the YourEncore, corrupt or impair the administration, security, fairness or proper play, or submission of entries, YourEncore reserves the right at its sole discretion to suspend, modify or terminate the Giveaways, or any element thereof and select winners (for the respective drawing/Prize level as applicable) from eligible entries received prior to the action taken, or as otherwise deemed fair and appropriate by YourEncore.

YourEncore is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaways, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of  the Site. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, cover letters, announcements, prior rules, promotion materials and/or any other communications or information relating to the Giveaways or any element thereof, these current Official Rules shall govern.

 

Promotion Entities shall not be liable to entrants, winners, or any other person or entity for failure to execute the Giveaways, or any element thereof, or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s),or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, trip or event cancellation or delay, or any similar or dissimilar event beyond their reasonable control.

 

YourEncore reserves the right to cancel, terminate, or suspend the Giveaways or modify or amend these Official Rules.

YourEncore MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.

14. APPLICABLE LAWS AND JURISDICTION. The Giveaways are subject to all applicable federal, state, and local laws and regulations and are void where prohibited by law.Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of New Jersey. All disputes arising out of or connected with this Giveaways will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New Jersey. Should there be a conflict between the laws of the State of New Jersey and any other laws, the conflict will be resolved in favor of the laws of the State of New Jersey. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in theGiveaways and shall not include any indirect, punitive, incidental, and/or consequential damages.

 

15. PRIVACY. Entry in the Giveaways constitutes consent to transfer personal information collected from the Eligible Entrant to YourEncore for the purposes of administering the Giveaways and for such other purposes to which Eligible Entrant may consent as outlined herein or in YourEncore’s privacy policy. More specifically, YourEncore may collect information that you provide to enter the Giveaways and will use personal information you provide to enter the Giveaways to actually conduct the Giveaways. All information submitted to YourEncore as part of the Giveaways will be treated in accordance with YourEncore’s privacy policy, available at https://www.yourencore.co/tos. YourEncore will provide the personal information you provide to enter these Giveaways to third party fulfillment companies to process and deliver Prizes to winners.

16. WINNER LISTS. Winners will be posted on the Site.

17. SPONSOR. The Giveaways are sponsored and administered by YourEncore at 300 West Grand Avenue, Suite 403, Chicago, IL 60654.

 

OMM_US:76632158.1

PRIVILEGED & CONFIDENTIAL

 

The Information We Collect About You

 

Information We Collect Directly From You

 

Information We Collect Automatically

 

How We Use Your Information

 

Legal Bases For Processing

 

How We Share Your Information

 

Our Use of Cookies and Other Tracking Mechanisms

 

Third Party Analytics

 

Third-Party Links

 

Security of My Personal Information

 

Access To My Personal Information

 

What Choices Do I Have Regarding Use of My Personal Information?

 

EU Data Subject Rights

 

California Privacy Rights

 

Children Under 13

 

Contact Us

 

Changes to this Policy

 

YourEncore Privacy Policy

EFFECTIVE DATE: [April 2nd, 2020]

YourEncore Events, LLC (“we”, “us” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our websites at www.yourencore.co (the “Site”) and the services available through our Site (“Services”), and how we use and disclose that information.

 

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and the Terms of Service, including its applicable limitations on damages and provisions relating to the resolution of disputes.

 

The Information We Collect About You

 

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.

 

Information We Collect Directly From You. You may browse certain areas of the Site without registering with us or providing us personal information. If you register for our Services, then you must provide your name and email address. You may also register to use our service through your Facebook account. Please note that we will obtain your name and email address if you register or access the service through your Facebook account. This will not result in any posts on your timeline or us obtaining access to your contact information.

 

We use Eventbrite, a PCI-certified third-party payment service to process payments for our Services. Although we do not process payments, we may require you to provide Eventbrite with contact information (e.g., name, email address, and company name) and financial and billing information (e.g., billing name and address, credit card number, expiration data and CVV). Eventbrite’s privacy policy can be found at https://www.eventbrite.com.

 

If you are providing personal information for third parties in connection with using our Services, you are responsible for ensuring that you have all required permissions and consents to provide such personal information to us for use in connection with the Services and that our use of such personal information to provide the Services does not violate any applicable law, rule, regulation or order.

 

Our service includes the ability to record video or audio feeds of actual video chats between users and celebrities, and recording of communications and data in chat rooms provided through Zoom will request your consent to record any audio or video chats if required by applicable law. Please note that video chats and our chat rooms may be viewed by other uses of the Services, and so we cannot ensure the privacy or confidentiality of information you may provide through these features.

 

Information We Collect Automatically. We may automatically collect the following information about your use of our Site or Services through cookies and other technologies: your domain name; your browser type and operating system; the type of mobile device you use with our service (including manufacture, model and system used, e.g. iPhone X running iOS 10); web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

 

Geolocation. If you have provided permission through your mobile device to allow us to collect location information through the service we may obtain your physical location information in terms of latitude and longitude from technologies like GPS, Wi-Fi, or cell tower proximity.You are able to withdraw your permission for us to acquire such physical location information from your mobile device through your mobile device settings, although we do not control this process. If you have questions about how to disable your mobile device's location services, we recommend you contact your mobile device service provider or the mobile device manufacturer.

 

Legal Bases for Processing

 

For persons located in the EEA (“EU Data Subjects”), we will process your personal information in accordance with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27April 2016, known as the General Data Protection Regulation (“GDPR”). For EU Data Subjects, we rely on a number of legal bases for processing your personal information. The legal basis for our processing activities include processing personal information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, and other users, for our legitimate business interests, and pursuant to your consent. The particular legal basis for the processing of your personal information is based on the purpose for which such information was provided or collected.

 

For example, we use personal information as necessary for the performance of contracts with you, or in order to provide our Services to you. For example, we are not able to provide our Services ding to our Terms of Service unless you provide us with certain necessary personal information, such as your name, email address, and credit card information, and allow us to collect certain information regarding your mobile device. We also rely on this same basis to transfer your personal information to third party service providers that assist us in providing Services to you (e.g. we transfer credit card information to our payment processor, Eventbrite, to process credit card transactions with you on our behalf). This collection and processing of such personal information is based on Art. 6 para.1(b) GDPR (necessary for the performance of a contract with you).

 

We may also process your personal information if we have received your consent or to respond to your communications or inquiries. For example, we may rely on your consent to record your video chats or to send you email communications about products, promotions or offers. Please note that if we rely on consent, you may withdraw your consent at any time, but such withdrawal will not affect the lawfulness of the processing prior to the withdrawal. This collection and processing of the Personal Data is based on your consent in accordance with Art. 6 para. 1(a) GDPR.

 

We also process personal information for our legitimate interests, such as for marketing purposes or to otherwise inform you of our business operations, and to improve our products and services. For example, the legal basis for the processing of information we obtain through the use of cookies and third-party analytics is our legitimate interest in improving the performance of our Services and Sites and analyzing its use. The legal basis for the transmission of information to third parties in case we become involved in a sale or transfer of assets, bankruptcy, reorganization, dissolution, or any other transaction is our legitimate interest in preparing and executing the applicable measure. The legal basis for the transmission of information to law enforcement, governmental agencies, or authorized third parties is the compliance with a legal obligation. The legal basis for the transmission of information to our legal counsel and other consultants in connection with actual or potential litigation is our legitimate interest in receiving consulting services.This collection and processing of such personal information on grounds of legitimate interest is based on Art. 6 para. 1(f) GDPR.

 

How We Use Your Information

 

We use your information, including your personal information, for the following purposes:

 

To provide our Site and Services to you, to communicate with you about your use of our Site and Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.

 

To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.

 

For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.

 

To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.

 

How We Share Your Information

 

We may share your information, including personal information, as follows:

 

Artists. We may disclose your personal information with artists with your prior consent so that you can interact with them.

 

Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing Services to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.

 

Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, your credit card information is collected and processed by Stripe, our payment processor.

 

Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

 

In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.

 

To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

 

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research or similar purposes.

 

Please note that except as noted above, we will not sell or share your personal information with any third party for their direct marketing purposes without your consent.

 

Our Use of Cookies and Other Tracking Mechanisms

 

We and our third party service providers may use cookies and other tracking mechanisms to track information about your use of our Site and Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

 

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services.

 

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services. There are two types of cookies: session and persistent cookies.

 

Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

 

Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

 

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Services.

 

Third Party Analytics. We use automated devices and applications, such as the Firebase product offered by Google, to track your use of our service. See [Can they opt out of this?] We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

 

Third-Party Links

 

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites or services (such as Stripe) is not governed by this Policy, but instead is governed by the privacy policies of those third party websites or services. We are not responsible for the information practices of such third party websites or services.

 

Security of My Personal Information

 

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security.

 

You should take steps to protect against unauthorized access to your account (including protecting your Facebook login and password if you access the service through your Facebook account), phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

 

Access To My Personal Information

 

You may modify personal information that you have submitted to us by accessing your profile on our website or by contacting us at team@yourencore.co. Please note that copies of information that you have updated, modified or deleted may remain view-able in cached and archived pages of the Site for a period of time.

 

What Choices Do I Have Regarding Use of My Personal Information?

 

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

 

EU Data Subject Rights

 

Under GDPR, EU Data Subjects have the following rights:

 

1.You have the right to information as to whether or not and to which extent we process which of your personal information.

 

You have the right to object to the processing of your data based on Article 6 (1) (e) or (f) of the GDPR on grounds relating to your particular situation at any time.

 

You have the right to rectification of any inaccurate personal information about you and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

 

You have the right to the erasure of your personal information without undue delay unless we have a legitimate interest to keep the information, such as in the event we need the information to perform a contract with you, provide you the Services, or to comply with a legal obligation.

 

You have the right to restrict the processing of your personal information, unless we have a legitimate interest to continue processing the information for the purpose in respect to which you requested the restriction. For example, you have the right to object to our processing of your personal information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal information for this purpose.

 

You have the right to receive your personal information from us in a structured, commonly used and machine-readable format in certain circumstances. However, this right does not apply where it would adversely affect the rights and freedoms of others.

 

You have the right to withdraw your previously given consent at any time, provided that such withdrawal does not affect the lawfulness of processing prior to that time.

 

The controller of your personal information under GDPR is YourEncore Events, LLC, a Delaware limited liability company, with an address at 300 West Grand Avenue, Suite 403, Chicago, IL 60654.

 

If you are an EU Data Subject, you may exercise any of your rights in this section in relation to your personal data by written notice to us at the following email address: team@yourencore.co.

 

If you believe our processing of your personal information violates data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged violation.

 

For EU Data Subjects, your personal information will not be stored longer than permitted by applicable law or longer than necessary to fulfill our purposes for processing your personal information, which are stated in this Policy. The personal information of EU Data Subjects will be processed by us during the following time periods:

 

Users of Services: If you, your personal data are saved for as long as necessary in order for us to perform the agreement with you, e.g. until we have delivered the product or performed the Services that you have ordered. This does, however, not apply if we need to save your personal data for a longer period of time due to any of the reasons stated below.

 

Communication: If you have contacted us, e.g. via email, your personal data will be stored as long as necessary for us to complete any request or handle any issue for which you contacted us.

 

Legal obligation: We may retain personal data as long as necessary to comply with legal or accounting obligations.

 

Direct marketing: We may process your personal data for direct marketing purposes, until you object to your personal data being used for such purposes.

 

California Privacy Rights

 

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by us to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident, you may make one request each calendar year by emailing us at team@yourencore.co.

Children Under 13

Our Site and Services are not designed for children under 13 (and in the case of EU Data Subjects, children under 16). If we discover that a child under 13 (and in the case of EU Data Subjects, a child under 16) has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Site or Services or would like to make a complaint, please contact us at team@yourencore.co.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).

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