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WatchBack Sweepstakes New


Enter to win sweepstakes when you watch content in the WatchBack app. WatchBack is a video streaming platform that allows you to enter sweepstakes while you discover new TV Shows and explore topics you’re passionate about.



Daily and Weekly Sweepstakes

100+ Winners Per Day

Prizes ranging from $5 to $100 in value

Watch Content From Your Favorite Brands

Restrictions: 18+ US Limit: 1 Per Person / Per Day Added: 10-22-2018 Expires: 10-31-2018 11:59 PM EST Hits: 1492 Rules Entry Category: Daily
 
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This Section 6 (the “Official Rules”) sets out the rules for Watchback Sweepstakes, Prizes and related matters for October 1-November 1, 2018. In the event of any conflict between this Section 6 and the rest of this TOS with respect to Sweepstakes and Prizes, this Section 6 shall control.
6.1 Sweepstakes


  1. Preliminary Information: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The WatchBack Sweepstakes #1 (“Sweepstakes”) will begin on October 1, 2018 at 6:00 A.M. ET and end on October 31, 2018 at 11:59 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
  2. Eligibility: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include WatchBack LLC and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Perk.com, LLC (“Perk”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
  3. To Enter: To enter the Sweepstakes, during the Sweepstakes Period visit the application store on your mobile device and search for “WatchBack App”. Follow the instructions to download and install the WatchBack App (the “App”), open the App, and complete the sign-up form, which includes your email address, password, and gender. Next, launch the App during the Sweepstakes Period, open the “Thank You” tab containing details for the Sweepstakes (“Thank You Tab”) and follow the instructions within the Thank You Tab.
    • To enter the “Weekly WatchBack Sweepstakes” follow the instructions on the Thank You Tab under Weekly WatchBack Sweepstakes.
    • To enter the “Featured Episode Sweepstakes” follow the instructions on the Thank You Tab under Featured Episode Sweepstakes.
    • To enter the “Promotional Video Sweepstakes” follow the instructions on the Thank You Tab under Promotional Video Sweepstakes.
    Entries into the Featured Episode Sweepstake, Weekly WatchBack Sweepstakes, and Promotional Video Sweepstakes will be referred to collectively herein as “Entry” or “Entries.” The following restrictions apply and will not constitute Entries: (a) watching a video to less than 90% completion; (b) re-watching a video that has already been viewed; and (c) fast-forwarding a video.
  4. Sweepstakes participants agree that Sponsors are not agents or subsidiaries of Perk. Perk operates independently of the WatchBack Parties and the Sponsors are not responsible for facilitating or maintaining Perk’s rewards program. Your participation with any promotion related to Perk Points or Perk’s rewards program is solely between you and Perk. Sponsors do not assume any liability, obligation or responsibility for any part, or the withdrawal or modification thereof, of such programs run by Perk. Sponsors are not responsible for changes to, or the discontinuance of, any rewards program run by Perk, or for Perk’s withdrawal from a rewards program, or for any effect on accrual of Perk Points caused by such changes, discontinuance or withdrawal.
  5. Additional restrictions may apply, please refer to the Thank You Tab for further information and instructions.
  6. You may enter up to the maximum number of times described in the instructions on the Thank You Tab. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before the dates and times designated in the In-App Instructions to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
  7. Privacy: Entrants will have the opportunity to receive information from WatchBack LLC and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from WatchBack or our partners, please go to our privacy policy, located at www.watchback.com/privacy , or the applicable partner’s privacy policy and follow the procedures indicated.
  8. Winner Selection and Notification: Beginning on or about October 10, 2018, during the Sweepstakes Period potential winners (“Winners”, each a “Winner”) will be selected within 10 days of Entry submission in a random drawing by representatives of Sponsors from all eligible Entries received during the applicable entry period as described on the Thank You Tab. Sponsors will make two (2) attempts to notify potential Winners at the email address submitted through the sign-up form on the App. Sponsors may share potential Winners’ names and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion alternate potential Winner(s) may be selected from the remaining eligible Entries. If potential Winner(s) cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner(s) may be selected from the remaining eligible Entries. Limit one (1) Prize per family or household per method of entry.
 
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6.2 Prizes


  1. Winners may receive at least one of the following prizes (“Prizes”, each a Prize”) during the Sweepstakes Period:
    • Weekly WatchBack Sweepstakes Prize: For Weekly WatchBack Sweepstakes Prize details visit the Thank You Tab in the App.
    • Featured Episode Sweepstakes Prize: For Featured Episode Sweepstakes Prize details visit the Thank You Tab in the App.
    • Promotional Video Sweepstakes Prize: From time to time participants will have the opportunity to win a Promotional Video Sweepstakes Prize for viewing a specially tagged video. For Promotional Video Sweepstakes Prize details visit the Thank You Tab on the App
    Additional restrictions may apply to Promotional Video Sweepstakes Prize and will be included below as applicable. To the extent Promotional Video Sweepstakes Prize includes a Fandango promotional code, the following restrictions apply: Fandango Promotional Code (“Code”) is good towards one movie ticket (up to $15 total ticket and convenience fee value) to see any movie at Fandango partner theaters in the U.S. Code is void if not redeemed by 12/31/19. Only valid for purchase of movie tickets made at Movie Tickets & Movie Times | Fandango or via the Fandango app and cannot be redeemed directly at any Fandango partner theater box office. If lost or stolen, cannot be replaced. No cash value, except as required by law. Not valid with any other offer. One-time use only. Not for resale; void if sold or exchanged. If cost of movie ticket with Fandango’s convenience fee included is more than maximum value of the Code, then user must pay the difference. Limit 1 Code per person. Fandango Loyalty Solutions, LLC is not a sponsor or co-sponsor of this program. The redemption of the Code is subject to Fandango’s Terms and Policies at [url]www.fandango.com/terms-and-policies [/URL]. See www.WatchBack.com FANDANGO is a registered trademark of Fandango Media, LLC. / FANDANGO and the Fandango Logo are registered trademarks of Fandango Media, LLC.
  3. Prizes will be awarded to Winners beginning on or about October 10, 2018 during the Sweepstakes Period. Each Winner may be awarded up to, but not more than, one of each Prize. Prizes will expire after ninety (90) days of account inactivity, defined as not opening the App while logged in for a period of ninety (90) consecutive days, unless otherwise noted herein.
  4. Please refer to the Thank You Tab for Estimated Retail Value (“ERV”) of Prizes. Actual Retail Value (“ARV”) of Prizes may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Weekly Winner for the ARV of Prize for the year in which Prize was won.
  5. All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Weekly Winner(s). Prize cannot be transferred by Weekly Winner(s) or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Weekly Winner(s). If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner(s) may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
  6. Winners may have the opportunity to redeem Prizes for reward benefits on either the WatchBack.com or on Perk.com, subject to the following: If Winner(s) have a Perk account, Winner’s reward points with Perk (“Perk Points”) are managed according to his/her relationship with Perk and, while Winner may have the ability to redeem Prizes with Perk and to redeem Perk Points on the WatchBack.com, any dispute regarding Perk Points or Perk is solely between Winner and Perk. If Winner uses his/her Prizes on Perk.com, they will not be available for use in WatchBack.com, and vice versa.
 
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6.3 Conditions

 By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Weekly Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
6.4 Additional Terms

Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Weekly Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
6.5 Disputes

THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
6.6 Winner Announcement

For the names of the Winners, available after January 25, 2018 send a self-addressed, stamped envelope to be received within one month after applicable drawing to: WatchBack Sweepstakes #1, Winner Request, 30 Rockefeller Plaza, New York, NY 10112.
 
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WatchBack Terms of ServiceLast updated: September 24, 2018FOR SWEEPSTAKES OFFICIAL RULES, SEE SECTION 6
Welcome to the Terms of Service (including any future modifications, the “TOS”) for WatchBack LLC (“WatchBack”) and all WatchBack-branded websites, software, applications, content, games, interactive TV, or other products and online services which include the TOS or a link to the TOS (including all Content therein, the Sweepstakes, and the Prizes, the “WatchBack Services”). The Watchback Services may automatically enter you into Sweepstakes and offer you the opportunity to win Prizes, as defined and as set forth in Section 6 of the TOS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WATCHBACK SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using any of the WatchBack Services you agree to the TOS. If you do not agree to the TOS, please do not access or use the WatchBack Services.
The WatchBack Services are made available to you by WatchBack (“we,”“us” or “our”), a subsidiary of NBCUniversal Media, LLC, and/or third parties. The WatchBack Services include the opportunity to enter into Sweepstakes and receive Prizes and, in some cases, redeem Prizes through the WatchBack Services and through the services of our partner, Perk, Inc. (including its customer-facing services, “Perk”), as further set forth in and subject to the TOS. Any activities or interactions you undertake with Perk, including redemption of Perk Points (as defined below) or other uses of Perk, and any issues arising therefrom, are solely between you and Perk, and WatchBack shall have no responsibility or liability related thereto. The TOS sets out the agreement between us and you regarding how you can use the WatchBack Services and what responsibilities you and we have to each other.
1. Terms and Modifications
The TOS is a contract between you and WatchBack. The TOS include our Privacy Policy and our VPPA Policy, each of which is hereby incorporated by reference (collectively, the “Privacy Notices”). Our Privacy Notices explain how we may collect, maintain and disclose data regarding you and others.
Separate, additional terms may also apply to WatchBack Services (“Additional Terms”). Any Additional Terms will be posted in connection with the applicable WatchBack Services. Applicable Additional Terms are hereby incorporated into the TOS by reference. Where any direct conflict exists between the TOS and any Additional Terms, the Additional Terms will control, provided that our Privacy Notices will control over any contradictory Additional Terms or provisions of the TOS.
EACH TIME YOU ACCESS OR USE THE WATCHBACK SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify the TOS on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective thirty (30) days following either our notification to you or our posting of the changes on the WatchBack Services. Your continued access or use of the WatchBack Services after we post changes to the TOS, will be deemed as irrevocable acceptance of the TOS as modified. You agree to be notified of changes to the TOS via postings of updates on the WatchBack Services (or in any other reasonable manner of notice which we elect).
2. Eligibility, Registration and Accounts
The WatchBack Services are for users who are over the age of 18 and reside in the United States (including its territories and possessions). You may not access or use the WatchBack Services if you are barred from receiving them under the TOS or the laws of the United States or any other applicable jurisdiction. By accessing or using the WatchBack Services, you warrant that you have legal capacity to enter into the TOS (i.e., that you are of sufficient mental capacity and are otherwise legally able to bind yourself to the TOS) and otherwise meet the eligibility criteria set forth above.
You may, but are not required to, provide registration information and create an account within the WatchBack Services. If you create an account, you will automatically be enrolled in Sweepstakes when you watch Content, subject to the TOS. If you do not create an account, you will not be eligible to participate in Sweepstakes or receive Prizes. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide. However, we have no obligation to investigate, monitor or correct any user information (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on such user information.
The WatchBack Services and any user names or passwords you use to access the WatchBack Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to any other party. You may not create more than one account for the WatchBack Services. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches.
We have the right to suspend your account or change your user name for any reason, including due to a violation of the TOS or for account inactivity, in our sole discretion
3. The WatchBack Services; Consent to Electronic Communications
The WatchBack Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the WatchBack Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the WatchBack Services. We have the right to suspend or terminate access to the WatchBack Services and your accounts on the WatchBack Services, including due to a violation of the TOS.
The WatchBack Services may include sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. Sweepstakes rules are as set forth in Section 4. You are responsible for complying with all these rules and requirements
By using the WatchBack Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the WatchBack Services and may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
4. Content
WatchBack Services offer you the opportunity to watch video content and include content and other materials supplied by WatchBack and third parties (collectively, “Content”). As between us and you, we own all rights in the WatchBack Services. Nothing grants you any rights in the WatchBack Services except as set forth in the TOS, including applicable Additional Terms.
The availability of Content on the WatchBack Services may change from time to time and from place to place. You consent to us and our third party providers determining your geographic location for purposes of providing the WatchBack Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.
Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
The WatchBack Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the WatchBack Services) at any time, regardless of the number of devices that we permit you to use with the applicable WatchBack Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion.
5. Permitted Uses
We grant you a limited, non-exclusive, non-transferable license to access and use the WatchBack Services solely for personal and non-commercial uses
 
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7. Wireless and Location-Based Features; Social Media Plug-ins
a. Wireless Features.
The WatchBack Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the WatchBack Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.
If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the WatchBack Services to notify us of any changes to your wireless contact information (including phone number).
b. Location-Based Features
If you use WatchBack Services on mobile devices (“Mobile Apps”) that are location-enabled, we may collect and process information about your actual location. Some WatchBack Services and Mobile Apps may not function without access to location information. If GPS, geo-location or other location-based features on your device are enabled, your device location will be tracked and treated in accordance with our Privacy Policy. In addition our Mobile Apps may collect your device location information in order to provide requested location services and provide functions such as tagging or check-in at a location.
Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use
c. Social Media Plug-Ins.
Some WatchBack Services include integrated plug-ins of social networks such as Facebook and Twitter. These plug-ins are clearly marked (e.g., with a Facebook button). If you click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. If you are registered to the relevant social network and logged into your account, that social network receives the information that the web page was viewed by you. If you interact with a social network plug-in (e.g., you use the Facebook “Like” feature) or add a comment on the WatchBack Services, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit the WatchBack Services, it is possible that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit or use the WatchBack Services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See our Privacy Policy to find out more about how our Sites and plug-ins to social media networks may collect, use and disclose data regarding your use of the WatchBack Services.
 
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8. Prohibited Actions
 You may not make any uses of the WatchBack Services except as specifically authorized by WatchBack in writing and you may not use the WatchBack Services in violation of any applicable laws or regulations. Except as expressly authorized by WatchBack in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the WatchBack Services, any part thereof, or any materials derived therefrom, except as set forth in the TOS, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the WatchBack Services for any business or commercial purposes or otherwise build a business based on any portion of the WatchBack Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in the WatchBack Services; (ii) any digital rights management, content protection or access control measure associated with the WatchBack Services; or (iii) any advertisement on the WatchBack Services. You may not use any software or services in connection with the WatchBack Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
You may not insert any code into or manipulate the WatchBack Services in any way except as explicitly authorized by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the WatchBack Services or any part thereof. You may not impose an unreasonable burden or load on the WatchBack Services or their infrastructure.
You are responsible for your use of the WatchBack Services. The following prohibitions apply to your conduct and communications on or through the WatchBack Services:

  • No Interference. You may not interfere with any other user’s ability to use or enjoy the WatchBack Services.
  • No Bullying. You may not threaten, abuse, harass or invade the privacy of any third party
  • No Blocking.You may not cover, remove, block or obscure any Content, advertisements or other portions of the WatchBack Services
  • No Viruses or Malicious Code.You may not introduce into the WatchBack Services a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the WatchBack Services or any computer software, hardware or telecommunications equipment associated with the WatchBack Services, or (ii) obtain unauthorized access to the WatchBack Services or any data or other information of ours or of any third party.
  • No Unauthorized Access You may not attempt to gain unauthorized access to other computer systems or networks connected to the WatchBack Services.
  • No Cheating. You may not use any software or device that allows automated viewing or gameplay, expedited viewing or gameplay or other manipulation and you agree not to cheat or otherwise modify the WatchBack Service or viewing or gaming experience to create an advantage for one user over another.
  • No Advertising Except as otherwise agreed between us and you in writing, you may not use the WatchBack Services in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.
  • No Collection of Personal Information From Other Users and No Commercial Use . You may not solicit or collect information about other users of the WatchBack Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
  • No Impersonation or Misrepresentation You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you. You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the WatchBack Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
  • No Criminal or Unlawful Conduct You may not use any portion of the WatchBack Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.
You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
9. User Content
a. Idea Submissions and Feedback
We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through WatchBack Services, including (1) submissions through any third party social network, website or other platform or (2) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of content or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to questionnaires and other methods, Submissions and Feedback shall be deemed User Content and will be subject to the grants by you applicable to User Content (but not any rights with respect to User Content) in the TOS. Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions or Feedback (collectively, “User Content”).
b. Rights to Submissions and Feedback
You hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Content, including any Personality Elements (as defined below) in your User Content, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. For instance, we and our partners may display advertising, promotions and other content in connection with your User Content and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Content, but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Content against us, our licensees, our representatives or other users. When you provide any User Content, you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Content as used or modified by us (collectively, “Personal Elements”). When you provide any User Content, you represent and warrant that you own that User Content or that you have sufficient intellectual property and proprietary rights in order to make the grants in this TOS. You agree to pay any monies owed to any party based on our and our licensees’ use of your User Content. You hereby appoint us as your agent with full authority to executed any document or take any action we may consider appropriate in order to confirm the rights granted by you to us in this Agreement.
 
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10. Syndication
You are responsible for any User Content you provide and for any consequences, including use of your User Content by others. You acknowledge that your User Content may be syndicated, broadcasted, published or otherwise distributed by us or our partners. You also agree that the WatchBack Services may include a social network or integrations with other social networks and that your activities (e.g., video viewing, interactions with other users or advertisers) may be shared with others both on and off the WatchBack Services.
11. Third Party Services
 You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the WatchBack Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement, when using the WatchBack Services. You acknowledge and agree that these third parties may prohibit or restrict certain WatchBack Services features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the WatchBack Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the WatchBack Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.
For your convenience, the WatchBack Services may include or provide links to websites, widgets, software or other utilities) of other persons or entities (“Third-Party Services”) that may interact with the WatchBack Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. THE INCLUSION ON AN WATCHBACK SERVICE OF A LINK TO OR OTHER INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SERVICES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE THIRD PARTY SERVICES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.
12. Merchants and Advertising
Your dealings with merchants found on or through the WatchBack Services, including any payments or contractual terms, are solely between you and that merchant. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants on the WatchBack Services. Additional terms may apply
We take no responsibility for third party advertisements served on or through the WatchBack Services or for any of the goods or services provided by our advertisers.
13. Cookies and Targeted Advertising
WatchBack Services and our third party partners may use tracking and other technologies to serve advertisements that may be relevant to you. All personal details and data we acquire based on your participation in the WatchBack Services, including targeted advertising data and tracking information we collect automatically, will be used in accordance with our Privacy Policy and our Tracking (Cookies) Technologies Policy .
14. Children’s Online Privacy Protection Act Notification
The WatchBack Services are not designed or intended for use by children under the age of 13.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at netparents.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
15. Devices and Charges; Taxes.
  1. Devices and Charges. We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with WatchBack Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the WatchBack Services. By using WatchBack Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.

    You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the WatchBack Services.You are responsible for any charges incurred in obtaining access to the WatchBack Services. Please check with your ISP for information on possible data usage charges.
  2. Taxes. WatchBack Services accounts that have earned over $600 in Prize value in a calendar year may be required by US law to fill out a 1099 or take other tax related actions. WatchBack does not provide tax compliance advice, and it is your responsibility to comply with all applicable tax laws. You hereby waive any and all claims against WatchBack regarding any taxes you may face and your compliance or non-compliance with respect to tax laws.
16. Testing and Monitoring; Investigations
We may, but are under no obligation to, continually test various aspects of the WatchBack Services. By using the WatchBack Services, you agree that we may include you or exclude you from these tests without notice
We may, but are under no obligation to, monitor uses of the WatchBack Services. During monitoring, any information relating to any user or their activities on the WatchBack Services may be examined, recorded, copied, used and disclosed in accordance with our Privacy Notices. We also may disclose any information posted on any portion of the WatchBack Services as necessary to satisfy any law, regulation or governmental request.
We reserve the right to investigate suspected violations of the TOS. We may seek to gather information from the user who is suspected of violating the TOS, and from any other user. We may suspend any users whose conduct is under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of the TOS has occurred, warn users, suspend users and passwords, terminate accounts, revoke Prizes (which may result in the revocation of Perk Points) or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone that is believed to be in violation of the TOS. Nothing contained in the TOS limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WatchBack Services or information provided to or gathered by us in connection with such use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL WATCHBACK PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY WATCHBACK PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER AN WATCHBACK PARTY OR LAW ENFORCEMENT AUTHORITIES.
17. Termination
We may, in our sole discretion, terminate the TOS, your Passwords, account (or any part thereof), subscription (if applicable) or your access to or use of the WatchBack Services, , and revoke your Prizes (which may result in revocation of Perk Points) without prior notice, without liability, for any reason or no reason. You may not attempt to access or use (i) any features of the WatchBack Services from which your access has been previously suspended or (ii) any of the WatchBack Services following termination of the TOS.
You may terminate your account for any or no reason, subject to all applicable Additional Terms.
Termination, suspension or cancellation of the TOS or your access to the WatchBack Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the WatchBack Services is terminated by us or by you, the TOS shall remain in full force and effect with respect to your past and future use of the WatchBack Services.
 
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18. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no warranties or representations as to WatchBack Services (which, for purposes of this Section 18 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE THE WATCHBACK SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “WATCHBACK PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. . 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE WATCHBACK SERVICES, THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE NBCUUNIVERSAL SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE WATCHBACK SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE WATCHBACK SERVICES.NONE OF THE WATCHBACK PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WATCHBACK SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WATCHBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE WATCHBACK PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WATCHBACK SERVICES. WITHOUT LIMITING THE FOREGOING, THE WATCHBACK PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO COMPLY WITH THE TERMS.
IN NO EVENT WILL THE WATCHBACK PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WATCHBACK SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO WATCHBACK IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE WATCHBACK PARTIES OR YOUR USE OF THE WATCHBACK SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WATCHBACK SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE WATCHBACK PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
19. Indemnification
You agree to defend, indemnify and hold harmless the WatchBack Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of the TOS and/or (b) your User Content that infringes any intellectual property right of any person or entity, or defames any person or violates their rights of publicity or privacy, or violates any other rights of any person or entity; (c) any misrepresentation or fraud made by you in connection with your use of the WatchBack Services.
20. Infringement Policy
We respect the intellectual property of others, and we ask our users to do the same. The WatchBack Services, including the Content and other materials incorporated by us in the WatchBack Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the WatchBack Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others. WatchBack and the WatchBack “w” design logo are all trademarks or service marks of WatchBack.
We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserve the right, but without obligation, to terminate your license to use the WatchBack Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
By mail:
NBCUniversal Media, LLC
DMCA Agent
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
212-664-4444
By e-mail: [email protected]

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

  • Your name, address, telephone number, and e-mail address;
  • A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the WatchBack Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
  • Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
 
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21. Links By You To the WatchBack ServicesWe grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the WatchBack Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the WatchBack Services, (c) the link must open in a new window and link to the full version of applicable WatchBack Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.
22. Local RegulationsYou are responsible for complying with all local laws, if and to the extent local laws are applicable.
23. Export ControlThe WatchBack Services are controlled and operated by us from our offices within the State of New York. You hereby represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (B) you are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You may not access or use any WatchBack Services in violation of United States export control and economic sanctions requirements. Software in or from the WatchBack Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws.
 
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24. Binding Arbitration of All Disputes. No Class Relief. This Section 24 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section 24 satisfies the “writing” requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 25 shall apply to all relevant disputes between you and us. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to the TOS, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the WatchBack Services, (ii) any Sweepstakes, Prizes or other transactions or relationships related to your use of the WatchBack Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, “WatchBack Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the WatchBack Services, or engaging in any other WatchBack Transactions or Relationships with us, you agree to binding arbitration as provided below. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the WatchBack Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with the TOS or any WatchBack Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at [url]www.jamsadr.com [/URL]. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 24, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 24 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of the TOS and/or these arbitration provisions in Section 24 hereof, including but not limited to any claim that all or any part of the TOS is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission
(d)Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and Section 25.
(j)Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from WatchBack Transactions and Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to the TOS shall govern any dispute or disagreement between you and us regarding WatchBack Transactions or Relationships.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, and subject to Section 18, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(l) Confidentiality of Arbitration.You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.
 
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25. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by LawThis Section 25 applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with Section 24. (a) Section 25 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the WatchBack Services, the Content, the TOS or to any of our actual or alleged intellectual property rights (collectively, a “Section 25 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 25 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 25(a). Your notice to us must be sent to:
By mail:
NBCUniversal Media, LLC
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: [email protected]
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Section 25 Dispute, though nothing will require either you or us to resolve the Section 25 Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 25 Dispute.
(c) Governing Law.To the maximum extent permitted by the mandatory laws in your country of residence, the TOS and any Section 25 Dispute arising out of or in connection with the TOS or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
(d) Injunctive Relief. The foregoing provisions of this Section 25 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the WatchBack Services, any Content, your User Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.
26. Notice for California UsersUnder California Civil Code Section 1789.3, California users of the WatchBack Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210
27. Terms Applicable to Third Party Platform ProvidersIf you access or download the WatchBack Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third party app store or platform (each a “Third Party Platform Provider”),such Third Party Platform Providers, shall be third-party beneficiaries to the TOS. However, these Third Party Platform Providers are not party to the TOS and have no obligation to provide maintenance and/or support of the WatchBack Services. WatchBack, not such Third Party Platform Providers, are solely responsible for the WatchBack Services. Your access to the WatchBack Services using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service
In the case of any WatchBack applications accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in the TOS, then you may notify Apple and Apple will refund to you the purchase price (if any) of the application. WatchBack, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to: (a) product liability claims; (b) any claims that such application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, WatchBack, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
In the case of any WatchBack applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a WatchBack application, such claim must be brought by you as an individual and not as a member of a class.
28. General
(a) Applicable law. The TOS, any Additional Terms and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the WatchBack Services or the TOS.
(b) Venue Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with the TOS will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c)No Waiver. No failure or delay by us in exercising any right, power or privilege under the TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under the TOS.
(d) Severability Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of the TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the WatchBack Services, or the TOS, or other WatchBack Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Paragraph and Section Titles are For Your Convenience The paragraph or section titles in the TOS are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement The TOS, including the documents incorporated by reference, represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment The TOS are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset.
(i) Survival Sections 1, 4, 6, 9-13, 15-19, 22-25, and 27-29 of the TOS and any other terms that by their nature survive the TOS shall survive any termination of the TOS.
 
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