RULES, TERMS & PRIVACY POLICY
Disclaimer: The contest is in no way sponsored, endorsed or administered by, or associated with Apple, Inc. or Google.
REGISTRATION:
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration, application or enrollment form utilized by the Barnes Nation app on either our website or phone app. You must maintain and promptly update the information you provide to keep it true, accurate, current and complete. You represent and warrant that you are at least 18 years old or that if you are under 18 years old, your use of the Barnes Nation app is with the consent of your parent or legal guardian. You agree that you may use the Barnes Nation app for personal purposes only and not for any business, commercial or other use whatsoever. You may register for the Barnes Nation app only through our Facebook, twitter, or website located at barneshd.com. When you register through our website, your login credentials will be used to open and access your account with us.
You are responsible for keeping your login credentials confidential. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization or who has signed into the system of the Barnes Nation app. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Barnes Nation app. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SWEEPSTAKES, CONTESTS, PROMOTIONS:
All players are given the opportunity to participate in sweepstakes, contests, surveys and other promotions. Any information submitted in connection with such activities will be treated in accordance with this policy, except as specifically set forth in the rules, terms or conditions for those sweepstakes, contests, surveys or promotions.
Apple Inc. is in no way affiliated with the Game of Barnes and not a sponsor of the Game of Barnes app or involved in any contents, prizes, or giveaways.
Must be 17+ to participate in any contests, sweepstakes or promotions.
Players can collect points by completing missions. On November 30, 20202, whichever player is in first place with the most amount of points, will win a new Harley-Davidson® Iron 883.
In order to win the new Harley-Davidson® Iron 883, the player must also be a resident of B.C., Canada. If the player lives outside B.C., they will be given a trip for 2 to either Las Vegas or Whistler. The prize trip includes hotel room for 3 nights and airfare tickets for 2 people. The player in 2nd place with the most amount points on November 30, 2020, will receive one trip for two to either Las Vegas or Whistler. The prize trip includes hotel room for 3 nights and airfare tickets for 2 people. The player in 3rd place with the most amount points on November 30, 2020 will receive a $500 gift card to Barnes Harley-Davidson. There is no purchase required nor will The Game of Barnes charge any amount to the player in order to receive or collect the prize.
If 2 players are tied with the equal amount of points, the player with more missions complete will receive the prize.
YOUR SUBMISSIONS:
For purposes of these terms of use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by on or through the Barnes Nation app. Content added, created, uploaded, submitted, distributed, or posted to the Barnes Nation app by you is collectively referred to as, your “submissions”. We may use your submissions in a number of different ways in connection with the Barnes Nation app, including, but not limited to, publicly displaying them, reformatting them, incorporating them into marketing materials, advertisements and other works, creating derivative works from them, promoting them, distributing them, and allowing other users to do the same in connection with their own websites, media platforms, and applications. By making submissions through the Barnes Nation app, you hereby grant and agree to grant to us a worldwide, non-exclusive, royalty-free, fully paid and transferable license to use, copy, edit, modify, reproduce, distribute, sublicense, prepare derivative works of, display, perform, and otherwise fully exploit your submissions in connection with the Barnes Nation app and our business, including without limitation for promoting and redistributing part or all of the content in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant and agree to grant to each user of the Barnes Nation app, including Barnes Harley-Davidson, a non-exclusive license to access your submissions, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions in connection with their use of the Barnes Nation app and Third Party Media. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Barnes Nation app is the sole responsibility of the person from which such content originated: that we will not be liable for any errors or omissions in any content; and that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Barnes Nation app.
PROHIBITED CONDUCT:
You shall not upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Barnes Nation app that:
1. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
2. You know is false, misleading, untruthful or inaccurate:
3. If unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by us in our sole discretion;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
5. Involves commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6. Contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information;
7. Impersonates any person or entity;
8. Includes anyone’s identification documents or sensitive financial information; and
9. Breaches our Privacy Policy and/or any of the other policies and rules incorporated herein.
YOU SHALL NOT:
*Take any action that imposes or may impose (as determined by us in our
sole discretion) an unreasonable or disproportionately large load on our infrastructure;
*Interfere or attempt to interfere with the proper working of the Barnes Nation app or any activities conducted on the Barnes Nation app;
*Bypass any measures we may use to prevent or restrict access to the Barnes Nation app (or other accounts, computer systems or networks connected to the Barnes Nation app);
*Run any form of auto-responder or “spam” on the Barnes Nation app;
*Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Barnes Nation app;
*Harvest or scrape any Content from the Barnes Nation app;
*Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Barnes Nation app or Content located on the Barnes Nation app;
*Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Barnes Nation app (including without limitation any application or widget);
*Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; and
*Otherwise take any action in violation of our guidelines and policies.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Barnes Nation app and all Content displayed or otherwise accessible through the Barnes Nation app, other than your submissions, are owned or licensed by us and are protected under United States and foreign copyright laws and referred to herein as our Content.
You are not granted any right, title, interest or other license in or to our Content. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of our Content, including without limitation, by caching, framing, deep-linking or similar means, without our prior written consent.
Barnes Nation is a trademark. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on or through the Barnes Nation app may be registered or unregistered trademarks of third parties. Any use of any trademark appearing on or through the Barnes Nation app without the express written consent of its owner is strictly prohibited.
TERMINATION OR SUSPENSION OF BARNES NATION APP:
We may at any time, without notice, in our sole discretion and without cause, terminate and / or suspend your right to access or use the Barnes Nation app (or any portion thereof) including for reason of your breach of these Terms of Use.
ASSUMPTION OF RISK AND RELEASE:
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BARNES NATION APP IS ENTIRELY AT YOUR OWN RISK. THE GAMES PROVIDED BY US THROUGH THE BARNES NATION APP CONTAIN CERTAIN CHALLENGES THAT YOU MUST COMPLETE IN ORDER TO PARTICIPATE. IN SOME CASES THE CHALLENGES ARE SUBMITTED BY USERS AND THIRD PARTIES AND WE DO NOT EXERCISE EDITORIAL CONTROL OVER THEIR SUBMISSIONS. BY PARTICIPATING IN THE GAME THAT WE OFFER, YOU ACCEPT ALL RISKS AND RESPONSIBILITES ASSOCIATED WITH THE COMPLETING OF ANY CHALLENGE. DO NOT DRIVE UNLAWFULLY, DO NOT DRINK AND DRIVE, OR BE ON ANY ILLEGAL DRUGS DURING YOUR TIME OF PLAYING OF OUR GAME. DO NOT PARTICIPATE IN ANY CHALLENGE THAT MAY IN ANY WAY CREATE A RISK OF INJURY, DEATH OR PROPERTY DAMAGE IF YOU DO PLAY OUR GAME OR GAMES. YOU HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE Barnes Harley-Davidson, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS, IN CONNECTION WITH ANY INJURY TO THE PERSON, PROPERTY DAMAGE OR DEATH OF ANY PERSON ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN A GAME OR CHALLENGE OFFERED BY Barnes Harley-Davidson.
DISCLAIMER:
THE BARNES NATION APP AND ALL CONTENT MADE AVAILABLE THROUGH THE BARNES NATION APP IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATION, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINDGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITED BY LAW.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL Barnes Harley-Davidson, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (1.) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2.) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR BARNES NATION APPS OR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3.) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR BARNES NATION APP, (4.) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSIMITTED TO OR THROUGH OUR BARNES NATION APP BY ANY THIRD PARTY, AND/OR (5.) YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BARNES NATION APP, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION:
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Barnes Harley-Davidson, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (1.) your use of and access to the Barnes Nation app; (2.) your violation of any term of these Terms of Use; (3.) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4.) any claim that content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Barnes Nation app.
THIRD – PARTY SITES:
Any third-party websites linked to or from the Barnes Nation app may have different terms and conditions. We have no control over such third-party websites. You should carefully review these other websites’ terms and conditions in order to determine how each website may use any personal information you provide. These Terms of Use are no longer applicable when you leave our Barnes Nation app by way of any link. If you decide to access or use any linked website or content, materials, software, goods or Barnes Nation apps from a linked website, you do so entirely at your own risk.
GOVERNING LAW AND DISPUTES:
These Terms of Use and your use of the Barnes Nation app is governed exclusively by the laws of British Columbia, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in Vancouver, British Columbia in the English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of Indiana.
ENTIRE AGREEMENT, WAIVER AND SEVERABILITY:
This agreement, together with any applicable transaction request and confirmation, constitutes the entire agreement between you and us with respect to your use of the Barnes Nation app and supersedes all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of these Terms of Use shall be effective or binding unless made in writing and signed by us. If any of the provisions of this agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision herein.
These Terms of Use were last updated May 20, 2020
All rights reserved. Copyright 2020