Terms & Conditions

OFFICIAL ACA SWEEPSTAKES TERMS AND CONDITIONS

These Terms of Use of the American Catfishing Associations LLC’s ACA Win A Boat (Herein ACA Win A Boat), its subsidiaries and affiliates and any associated content including email, RSS and Mobile Services, as defined below. Please read this statement carefully before using proceeding to access any of the ACA Win A Boat website. By visiting the ACA Win A Boat website or downloading, installing or using any ACA Win A Boat mobile or desktop application software or services, or other materials or services made available on, from, or through the Website (collectively, the “Website(s)”), you signify your agreement to the terms and conditions set forth in these Terms of Use (the “Terms”) and ACA Win A Boat’s Privacy Policy, found here and incorporated herein by reference. If you do not agree to any of these Terms or the ACA Win A Boat Privacy Policy, please do not use the Website(s). The Website(s) are provided, controlled, operated and administered by ACA Win A Boat from its offices within the United States of America. ACA Win A Boat makes no representation that the Website(s) are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

To use the Website(s), you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater.

ACA Win A Boat may, in its sole discretion, modify or revise these Terms and policies at any time. Unless ACA Win A Boat makes a change for legal or administrative reasons, ACA Win A Boat will provide reasonable advance notice before the updated Terms become effective. You agree that ACA Win A Boat may notify you of the updated Terms by posting them on the Website(s), and that your use of the Website(s) after the effective date of the updated Terms (or engaging in such other conduct as ACA Win A Boat may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Website(s). The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Website(s) from that point forward.

The Website(s) is a temporary free service and ACA Win A Boat can begin charging at any time for use of any or all parts of the Website(s). ACA Win A Boat reserves the right to discontinue any aspect of the Website(s) at any time. ACA Win A Boat reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

These Terms apply to all users of the Website(s), including users who contribute User Submissions, as defined below.

ACA WIN A BOAT ACCOUNTS

You do not need an account in order to access content on the Website(s); however, in order to access some features of the Website(s), you will have to create an account. You may be able to create your account using your Facebook account or other accounts. Your use of these third party services are governed by the terms of use and privacy policies of these third parties. Additionally, you may never use another’s account without permission. When creating your account, you must provide accurate and complete information. ACA Win A Boat prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to ACA Win A Boat upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to protect your password from unauthorized use. You must notify ACA Win A Boat immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other ACA Win A Boat users.

Although ACA Win A Boat will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ACA Win A Boat or others due to such unauthorized use. ACA Win A Boat will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received from your account, regardless of whether the data is actually received by ACA Win A Boat.

PROPRIETARY RIGHTS

You acknowledge and agree that the Website and all materials incorporated by ACA Win A Boat on the Website, other than the User Submissions, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Website(s) (“Material”) constitute the proprietary and valuable property of ACA Win A Boat and are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws (“IP Rights”). Any use of the Website(s) other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by ACA Win A Boat.

Some of the characters, logos or other images incorporated by ACA Win A Boat on ACA Win A Boat website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by ACA Win A Boat or others (“Trademarks”). You agree not to use any ACA Win A Boat Trademarks without ACA Win A Boat’s written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Website(s) (“Third Party Mark(s)”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ACA Win A Boat. Except as expressly provided in these Terms or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ACA Win A Boat Trademarks displayed on the Website(s), without ACA Win A Boat’s prior written permission in each instance. All goodwill generated from the use of ACA Win A Boat Trademarks will inure to the exclusive benefit of ACA Win A Boat.

YOUR USE OF MATERIAL

You're right to make use of ACA Win A Boat website and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Material is provided to you AS IS. Modification or use of the Material or any other content on ACA Win A Boat website for any purpose not permitted by these Terms of Use may be a violation of the IP Rights and is prohibited.

You may access and display Material and all other content displayed on ACA Win A Boat website for non-commercial, personal, entertainment use on a single computer or device only. The Material and all other content on ACA Win A Boat website may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by ACA Win A Boat. Any authorization to copy Material granted by ACA Win A Boat in any part of the Website(s) for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer or device only, and is subject to your reproducing and keeping intact, and not altering, removing, modifying or suppressing, all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on ACA Win A Boat website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

You understand that when using the Website(s), you will be exposed to Material from a variety of sources, and that ACA Win A Boat is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ACA Win A Boat with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ACA Win A Boat, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website(s).

YOUR USER SUBMISSIONS AND CONDUCT

A. You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, comments (“User Comments”) to ACA Win A Boat, via photo upload function on ACA Win A Boat, via email or via the Mobile Services to hello@acawinaboat.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, ACA Win A Boat, does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. ACA Win A Boat has the right to edit and/or alter any User Submissions. ACA Win A Boat reserves the right not to use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. Some of the Website(s) are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ACA Win A Boat may place such advertising and promotions on the Website(s) or on, about, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and publish your User Submissions and you license and authorize ACA Win A Boat, and its affiliates, successors, agents and assigns, employees, licensees, and designees to use all IP Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Website(s) and these Terms.

D. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ACA Win A Boat, you hereby grant ACA Win A Boat, and its agents, employees, affiliates, licensees, designees, assigns and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, telecast, rerun, syndicate, print, perform and otherwise exploit the User Submissions in connection with the Website(s), including without limitation for advertising, marketing, promoting and redistributing part or all of the Website(s) (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website(s) a non-exclusive license to access your User Submissions through the Website(s), and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website(s) and under these Terms. You hereby waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for invasion of privacy. You grant ACA Win A Boat and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that ACA Win A Boat may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Website(s).

E. You acknowledge that ACA Win A Boat may establish general practices and limits concerning use of the Website(s), including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Website(s) and the maximum storage space that will be allotted on ACA Win A Boat’s servers on your behalf. You agree that ACA Win A Boat has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Website(s). You acknowledge that ACA Win A Boat reserves the right to terminate accounts that are inactive for an extended period of time. Also, ACA Win A Boat reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Website(s). Deleted User Submissions may be stored by ACA Win A Boat in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, ACA Win A Boat encourages you to maintain your own backup of your User Submissions.

F. You agree not to post, email, or otherwise make available User Submissions:

(a)that are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

(b)that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c) that impersonate any person or entity, including, but not limited to, a ACA Win A Boat employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d)that include personal or identifying information about another person without that person’s explicit consent;

(e)that are false, deceptive, misleading, deceitful, or misinformative; (f) that infringe any IP Right or other proprietary rights of any party;

(g)that you do not have a right to make available under any law, or under contractual or fiduciary relationships;

(h)that constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

(i) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website(s) or any computer software or hardware or telecommunications equipment;

(j) that disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Website(s), or that otherwise negatively affects other users’ ability to use the Website(s); or

(k)that employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Website(s).

G. In connection with User Submissions, you further agree that you will not submit material that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ACA Win A Boat, all of the license rights granted herein.

I. ACA Win A Boat does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, ACA Win A Boat chooses, in its sole discretion, to monitor the User Submissions, ACA Win A Boat nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. ACA Win A Boat, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ACA Win A Boat, expressly disclaims any and all liability in connection with User Submissions. ACA Win A Boat does not permit copyright infringing activities on its Website, and ACA Win A Boat will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to ACA Win A Boat’s Copyright Policy see this page. ACA Win A Boat, reserves the right to remove Content and User Submissions without prior notice.

J. You agree not to alter or modify any part of the Website(s) or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Website(s). You must not interfere or disrupt the Website(s) or servers or networks connected to the Website(s), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ACA Win A Boat page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website(s) in a manner that sends more request messages to the ACA Win A Boat servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website(s), nor to use any communication systems provided by the Website(s) (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website(s) with respect to their User Submissions. In your use of the Website(s), you will comply with all applicable laws, statutes and regulations.

K. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Website(s), Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.

MOBILE SERVICES

ACA Win A Boat may offer certain services that are available via a mobile device or app, including (i) the ability to upload User Submissions to the Website(s) via a mobile device, (ii) the ability to browse the Website(s) from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ” Mobile Services“). To the extent you access the Website(s) through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to ACA Win A Boat.

EXTERNAL LINK DISCLAIMER

ACA Win A Boat website contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with ACA Win A Boat.

By providing links to other sites, ACA Win A Boat does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the ACA Win A Boat website in question.

ACA Win A Boat does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visiting any such external sites is at your own risk. We encourage our users to be aware when they leave our site and to read the terms of use and privacy statements of such external website. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.

Comments and Discussion Groups Terms of Use

In order to make our Comments interesting and informative for our users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments:

If a comment is made using your identity or account it will be deemed to have been posted by you.

Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.

Do not intentionally make false or misleading statements.

Do not offer to sell or buy any product or service.

Do not post material that infringes copyright.

Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.

Do not question why a previous comment was removed.

Keep all comments relevant and ‘on topic’ to the particular ACA Win A Boat website posting open for comments.

ACA Win A Boat will not accept responsibility for information posted in the Comments.

If ACA Win A Boat receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, ACA Win A Boat may remove that posting and/ or any other related postings.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

ACA Win A Boat is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@acawinaboat.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Diego, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ACA Win A Boat principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

TERMINATION POLICY

You may delete or temporarily suspend your account at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Website(s) and our servers. If your profile is suspended or terminated, your User Submissions may not be deleted from the Website(s) or our servers.

ACA Win A Boat may terminate a user’s account or access to the Website(s) if, under appropriate circumstances, ACA Win A Boat determines you violated these Terms or ACA Win A Boat’s Privacy Policy. If ACA Win A Boat terminates your access to the Website(s)or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Website(s). Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

ACA Win A Boat reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, illegal or offensive content. ACA Win A Boat may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Website(s). Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website(s), may be referred to appropriate law enforcement authorities.

In accordance with the DMCA and other applicable laws, ACA Win A Boat has adopted a policy of terminating, in appropriate circumstances and at ACA Win A Boat’s sole discretion, users who are deemed to be repeat infringers. ACA Win A Boat may also at its sole discretion limit access

to the Website(s) and/or terminate the accounts of any users who infringe any IP Rights of others, whether or not there is any repeat infringement.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE(S) IS AT YOUR OWN RISK. THE WEBSITE(S) AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACA Win A Boat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE(S) AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ACA Win A Boat DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE(S) WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACA Win A Boat DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE(S) OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) OR ANY SITES LINKED TO THE WEBSITE(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACA Win A Boat MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE(S) OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ACA Win A Boat ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF ACA Win A Boat. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.ACA Win A Boat ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE(S), (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE(S) BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE(S), AND/OR (VII) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ACA Win A Boat, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE(S) OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE(S), REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF ACA Win A Boat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ACA Win A Boat) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT ACA Win A Boat SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACA WIN A BOAT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ACA Win A Boat, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY ACA Win A Boat.

INDEMNITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold American Catfishing Association, ACA Win A Boat, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use the Website(s), User Submissions, Material or Content, (ii) your User Submissions, (iii) your violation of these Terms or any laws, (iv) your violation of any third party right, including without limitation any IP rights or privacy right; or (v) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Service.

FORUMS

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON ACA WIN A BOATWEBSITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF ACA WIN A BOAT OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. ACA Win A Boat DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF ACA WIN A BOAT. ACA WIN A BOAT MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

GENERAL

You agree that: (i) the Website(s) shall be deemed solely based in Florida; and (ii) the Website(s) shall be deemed a passive web site that does not give rise to personal jurisdiction over ACA Win A Boat, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with the Website(s) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Palm Beach County, Florida and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves. These Terms, together with the Privacy Policy here, the Copyright Policy here any other legal notices published by ACA Win A Boat on the Website(s), shall constitute the entire agreement between you and ACA Win A Boat concerning the Website(s). If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and ACA Win A Boat’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ACA Win A Boat without restriction. YOU AND ACA Win A Boat AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Snapchat, Twitter or Google. You understand that you are providing your information to the American Catfishing Association's Conservation Foundation and not to Facebook, Instagram, Snapchat, Twitter or Google. By participating in this promotion you agree to a completely release of Facebook, Instagram, Snapchat, Twitter or Google from any claims.