Participant Agreement

Participant Agreement for Country Pick

1. Preamble: Acceptance / Signature Function

Nikko Asset Management Co., Ltd (“NAM” or “Provider”), which owns and operates the Country Pick service (the “Competition” or “Service”), provides this Participant Agreement (“Agreement”) for the use of the Country Pick website to the user (the “Participant”, “user” or “you”). BY SELECTING THE "Yes I agree to the Participant Agreement for Country Pick" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH PROVIDER OFFERS YOU ACCESS TO COUNTRY PICK. If you do not wish to be bound by this Agreement, you may not use or participate in the Country Pick service, and in such event any use of the Country Pick service is unauthorized.

2. Agreement Acknowledgment

The Agreement governs the use of the Country Pick website. Anyone accessing the site agrees to abide by this Agreement.

3. Provider Right to Modify Agreement

Provider may modify this Agreement at any time, and such modification shall be effective immediately upon posting on the site. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.

4. No Offer or Solicitation

THIS SITE DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE COMPETITION IS A FUND MANAGEMENT SIMULATION. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE COMPETITION. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.

5. For Entertainment Only

The Competition is for entertainment purposes only.

6. Personal Use Only (Site)

The site is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of Provider.

7. Provider Right to Cancel the Competition

Provider reserves the right to cancel the Competition at any time, without prior notice, for any reason.

8. Delay of Data Provision

Data provided on this site may be delayed or may not be the same as data available from public sources or as specified by financial exchanges or other information providers. The data provided on this site will determine the outcome of the Competition.

9. Accuracy not Guaranteed

Provider and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed.

10. Competition Eligibility

The Competition is open to all legal residents of the United States who are at least 18 years old and who are not officers, directors, employees or agents of Provider or of any subsidiary or affiliate company of Provider as of the date of entry into this Agreement.

11. Equal Opportunity Statement

You acknowledge that your participation in this game is for entertainment purposes only and is not an expression of your interest in employment or an application for employment with Provider. Provider makes no guarantee that it will contact any participants or consider any participants for employment. Nikko is an equal opportunity employer and does not discriminate against any applicant or employee because of race, color, religion, sex, national origin, disability, genetic predisposition, age, or military or veteran status in accordance with federal law and any other bases prohibited by applicable state and local law.

12. Void where Prohibited

The Competition is void wherever prohibited and subject to all federal, state, and local laws and may be restricted to certain States.

13. Breach of the Agreement

Participation in the Competition, if you are not eligible, will place you in breach of this Agreement.

14. How to Register

Registration for the Competition is an online process. To register, click on the New Registration button.

15. Representation of Truthfulness of Information which User will Provide

By registering to participate in the Competition, you agree that any and all information you supply in the registration process is current, truthful and complete. Provider reserves the right to terminate your registration with Country Pick at any time, for any reason, including, but not limited to the information, including your email address, no longer being current or accurate.

16. Consent of the Authorized User

You also agree that you, the Participant, will be the only authorized user of the site using your handle name, email address and password. You furthermore agree that you will register only one handle name, email address and password.

17. Consent Not to Provide Handle Name, Email Address or Password to Third Party

You agree not to provide or make known your handle name, email address or password to any other person for the purpose of facilitating that person's access and unauthorized use of the site.

You hereby agree to immediately notify Provider if you become aware of:

  1. 1. any loss or theft of your password or
  2. 2. any unauthorized use of your handle name, email address or password.

If you allow any other person to access Country Pick through your handle name, email address or password, you hereby agree to defend and indemnify Provider, its affiliates and any independent contractor engaged by Provider to assist in operating Country Pick or otherwise, against any liability, costs or damages arising out of claims or suits by third parties based upon, or relating to, such access and use by such other person.

18. The Contents' Protection by Law

The contents of the Competition site, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark and other laws.

19. License of the Provider

These Contents belong or are licensed to Provider.

20. Granting of the Right to View and Use

We hereby grant you the right to view and use the site subject to this Agreement, which grant we may revoke at any time at our sole discretion.

21. Download or Print

You may download or print a copy of the information the site contains for your personal, internal and non-commercial use only.

22. Prohibition of Reprint or Reproduction without Permission

Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited without Provider’s prior written consent.

23. Copyright Policy

You may not distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Provider can terminate the privileges of any registrant at any time at its discretion for any reason, including infringement of the copyright of any legal person.

24. Disclaimer of Warranty

DISCLAIMER: THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

25. No Guarantee of Accuracy, etc., of the Information

While Provider makes every reasonable effort to ensure the quality and accuracy of the information posted within the Country Pick site, Provider makes no guarantee that the information on this site is up to date, accurate, or complete and you should not rely on it for any decision or to take any action. Provider may remove or delete what appears to be potentially unlawful content or content otherwise prohibited under this Agreement. You hereby agree that, to the extent you rely on information posted on Country Pick, you do so solely at your own risk.

26. Participants' Waiver of Right to Claim for Ambiguity or Error in Agreement

By entering the Competition, you agree to waive any right to claim any ambiguity or error in this Agreement or the Competition itself and agree to be bound by this Agreement and by all decisions of Provider, which are binding and final. Failure to comply with these this Agreement may result in disqualification from the Competition.

27. Changes to the Agreement

In the event of any unanticipated occurrence that was not fully addressed by this Agreement, Provider may modify this Agreement to address such occurrence. Any changes to this Agreement will be posted on the site.

28. No Claims / Action Should Not Be Made Based on Error of Information

Provider conveys the information available on this site without responsibility for accuracy and Participants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action.

29. Disclaimer of Warranty

We hereby disclaim any warranty that the information on this site will be free of interruption or that the site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Provider is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error, including but not limited to, the administration of the Competition, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged. You hereby agree that Provider, its affiliates, and any independent contractor engaged by Provider to assist in operating Country Pick, shall not be liable for any errors or delays in the content of any information provided through Country Pick, or for any actions taken by you or any third-party in reliance thereon.

30. Competition Disclaimer

COMPETITION DISCLAIMER: All decisions by Provider in computing points, creating certificates, conducting drawings or in conducting any and all other aspects of a Competition are made by Provider in its sole discretion and are final and not subject to appeals.

31. Disclaimer of Liability

PROVIDER SHALL BEAR NO LIABILITY WHATSOEVER IN CONNECTION WITH THE DESIGN, DEVELOPMENT OR ADMINISTRATION OF THE COMPETITION OR IN ANY OTHER RESPECT IN CONNECTION WITH YOUR INTERACTION WITH THE SITE OR PARTICIPATION IN THE COMPETITION.

32. Maximum Liability

In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Provider, its subsidiaries, affiliates, employees, officers, directors and agents to any Participant shall be $10.00.

33. Site Performance

Provider is not liable for any delay or failure of the site or the Competition to perform. There is no guarantee that Participants will be able to access the site whenever and wherever desired. There may be extended periods of time when you cannot access the site for various reasons, many beyond our control. Heavy player traffic on the site may affect your access to the site. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the site’s operation or downtime. The Competition will not recognize the attempted trades the site did not process.

You hereby agree that Provider and its affiliates are not responsible or liable for any harm arising out of corrupted, distorted or erroneous data resulting from data transfer with third parties or third-party products or services, and that Provider will not be responsible or liable if you mishandle, alter or improperly use or store any information, data, product or service associated with the Country Pick site. You also hereby agree that you are solely responsible for:

the security and maintenance of your computer system and data, including without limitation (i) creating fire walls and taking similar protective measures to prevent unauthorized access to your computer systems, software and data or infiltration of your computer systems, software and data; and (ii) creating, storing and updating any necessary back-up or archival copies of data as needed in case of system failure (including without limitation creating sufficient backups and fully documenting your account information); and the functionality and adequacy of any third-party software or other analytical or related tools that you may choose to employ with the Country Pick site.

34. No Investment Advice by Provider

You understand and hereby agree that the Country Pick service and Provider do not recommend any security, financial product or instrument, nor does any mention of a particular security on the Country Pick site constitute a recommendation by or through the Service or Provider to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that neither the Country Pick service nor Provider provide tax, legal or investment advice. You further understand and hereby agree that Country Pick and Provider do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that by accessing this site, or participating in Country Pick, any information provided therein is not to be used or considered as an offer, or a solicitation of an offer, to buy or sell securities by Country Pick or Provider.

You understand and hereby agree that Country Pick is provided solely for the information and use of registered members who are expected to make their own investment decisions without reliance upon this information, and that Provider, its affiliates, and any independent contractor engaged by Provider to assist in operating Country Pick, accept no liability whatsoever for any direct or consequential loss arising from any use of information available to you on Country Pick. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs.

You also understand and acknowledge that the employees of Provider are not authorized to give any such advice and that you will not solicit or rely upon any such advice from the Country Pick service, Provider or any of its employees. You further acknowledge that the Country Pick service and your access to information through the Country Pick service will not cause Provider to be an investment advisor with respect to you or any other party.

35. No Liability for Any Loss

Provider, its officers, directors, employees, agents, and affiliates each accepts no liability for any direct or consequential loss arising from any use of the information available on the site.

36. Consent or Indemnification

You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your handle name, email address and/or password.

37. Participants' Release

Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Competition and/or the acceptance and/or use of any certificate, and release Provider and its parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability.

38. Released Parties Exemption from Responsibility for Any Damages

Released Parties assume(s) no responsibility for any injury or damage to Participant's or to any other person's computer relating to or resulting from this Competition. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without compensation.

39. Provider's Right to Seek Damages and / or Other Remedies

Any attempt by a Participant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the Competition or the site is a violation of criminal and civil laws and should such an attempt be made, Provider reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

40. Winners' Waiver of All Rights of Privacy

Winners of any phase of Competition waive all rights of privacy and publicity and expressly allow Provider to publicize their names and certificates as it sees fit, subject to applicable law.

41. Disclosure of Personal Information Such as Name and State
By entering in the Competition, you agree that Provider may disclose your first name, last name, and state these at any time during the course of, or after, the Competition, either on the site, or through email notification, at the discretion of Provider, except to the extent prohibited by law.
42. Provision of Information for the Competition’s Registration

You hereby agree that any information transmitted to the site in connection with the Competition is not confidential and acknowledge that you have no expectation of privacy with respect to such information. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Competition.

43. Country Pick Content

The content available through Country Pick (including without limitation HTML code, PERL code and Java Applets) is the property of Provider or its licensors, and is protected by copyrights, trademarks, service marks, patent or other proprietary rights and laws. You hereby agree that all content located on Country Pick is the sole property of Provider or its licensors. You understand and hereby agree that the information in, or derived from, predictions and other information contained on Country Pick, including without limitation text, graphics, images, animations, computer programs, data, designs, logos and button icons and the arrangement, collection and assembly thereof, is the property of Provider, and may not be copied, modified, adapted, translated, mirrored, reverse engineered, decompiled, disassembled, republished, redistributed, transmitted, altered, edited or exploited in any manner for any purpose without the express written permission of Provider except as noted above..

You hereby agree that Provider, its affiliates, and any independent contractor engaged by Provider to assist in operating Country Pick, shall not be liable for any errors or delays in the content of any information provided through Country Pick, or for any actions taken by you or any third-party in reliance thereon. You should verify any information obtained from this service before you act upon it.

44. Provider's Proprietary Right to Content Including Participants’ Portfolio and Winners’ Photos

Provider reserves the right to post any and all of your portfolio and Competition Winners also agree to make available photographs in a format acceptable to Provider and pertinent biographical information for such publicity. Any information posted to or on any area of the site, including simulated portfolios, becomes the exclusive property of Provider for use, reproduction or disclosure at Provider’s sole discretion.

45. Provider's Right to Edit or Delete the Content

You understand and agree that Provider may review and edit or delete any content, photos or handle names (collectively, "Content") that in the sole judgment of Provider, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Participants.

You hereby agree that Provider, its affiliates, and any independent contractor engaged by Provider to assist in operating Country Pick or otherwise, is not a publisher or speaker of any information provided by you or other members or participants on Country Pick. Notwithstanding the foregoing, you acknowledge and hereby agree that Provider and its affiliates reserve the right to monitor any and all information transmitted or received through Country Pick.

Provider and its affiliates, at their sole discretion and without any notice to you, may, but are not obligated to, monitor, edit, remove or prohibit the transmission or receipt of any information posted on Country Pick which Provider or its affiliates considers inappropriate or in violation of any of this Agreement or applicable laws.

46. Participants' Sole Responsibility for Content

You are solely responsible for the Content you submit and/or display on the Service.

47. Participants' Granted Right by Posting Content

By posting Content on any public area of Country Pick, you automatically grant, as well as represent and warrant, that you have the right to grant to Provider, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Provider and that Provider has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

48. Partial List of the Type of Prohibited Content and Activities on the Site

The following is a partial list of the type of Content and activities that are illegal or prohibited on the site. Provider reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:

  • Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • Activity that harasses or advocates harassment of another person
  • Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
  • Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service, including sports picks information.
  • Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  • Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
  • Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
  • Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
  • Providing commercial activities and/or sales without our prior written consent such as competitions, sweepstakes, barter, advertising, chain letters, Ponzi schemes or pyramid schemes.
  • Modifying, adapting, translating, or reverse engineering any portion of the Country Pick service.
  • Removing any copyright, trademark or other proprietary rights notices contained in or on the Country Pick service.
  • Performing any acts that infringe or may infringe on the copyrights, trademark rights or other intellectual property rights of Provider, other users or third parties.
  • Acts of registering false information using personal information of other actual users.
  • Acts of overloading Provider’s servers (“denial of service attack”) or encouraging such acts.
  • Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Country Pick service.
  • Reformatting or framing any portion of the web pages that are part of the Country Pick service.
  • Creating user accounts by automated means or under false or fraudulent pretenses.
  • Submitting materials that falsely express or imply that such materials are sponsored or endorsed by Provider.
  • Acts that infringe, misappropriate or violate the intellectual property, publicity, privacy, image or other proprietary rights of any party.
  • Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
  • Submitting materials that are unlawful or promote or encourage illegal activity.
  • The unauthorized posting of material, non-public information about companies
  • Posting material that you are prohibited from transmitting by contractual or fiduciary duties
  • The posting or transmittal of sexually explicit content
  • The posting of information to manipulate or attempt to manipulate the market for any security
  • The impersonation by you of any person or entity, or any false statement of affiliation by you with any person or entity
  • The posting of statements that constitute offers to buy or sell any security
  • The posting or transmittal of any unsolicited advertising, promotional or marketing materials, sales information or other forms of solicitation;
  • The making of statements or posting of materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law in any jurisdiction, including but not limited to securities laws or regulations;
  • The making of statement or posting of materials that solicit or encourage users to become affiliated or to do business with competitors of Provider;
  • The posting or transmittal of any message or content that violates any applicable local, state, national, international or foreign law, including without limitation rules and regulations promulgated by the U.S. Securities and Exchange Commission, the Board of Governors of the Federal Reserve System or any applicable self-regulatory organization or governmental entity.
  • Other acts that are deemed inappropriate by Provider.

While Provider prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such materials and that you use the Country Pick service at your own risk.

49. How to Use the Service

You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service. Although Provider cannot monitor the conduct of its Participants off the site, it is also a violation of these rules to use any information obtained from the Service to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Participant without their prior explicit consent.

50. Personal Use Only (the Service)

The Country Pick service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Country Pick service for any purpose.

51. Illegal Use of the Service is Prohibited

You may not use the Country Pick service for any illegal or unauthorized purpose.

52. Participants’ Responsibility for Conduct, Data and etc. that Participants Submit

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Country Pick service.

53. Provider may Remove Materials which Considered as Unlawful, etc.

We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or this Agreement.

54. Proprietary Rights to Third Party Content

By submitting, posting or displaying any materials, on or through the Country Pick website, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

55. Provider’s Right to Prevent Any Inappropriate Access

Provider reserves the right to prevent access by any Participant who acts irresponsibly or inappropriately in playing the Competition. Although all trading in the Competition is fictional, Participants are expected to engage in trading activity that fully complies with all federal, state and/or provincial securities laws (including, without limitation, a prohibition against insider trading), as if you were trading actual securities.

56. Termination of Registration

Provider reserves the right to terminate Competition participation by any Participants suspected of cheating, attempting to exploit the Competition or other inappropriate behavior. We, at our sole discretion, may terminate or suspend your participation in a Competition for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of a Competition, in whole or in part, without liability to any Competition in that Competition. Such activity also may be referred to appropriate law enforcement authorities.

57. Penalties or Disqualification due to Inappropriate Behavior

During the Competition(s), strict rules regarding player behavior will be enforced. These may include penalties, up to and including disqualification, for foul language, abuse of players or any other person during the Event, or any other behavior that the Competition sponsor, in its sole judgment, believes to be detrimental to its conduct of the Competition(s). If you are penalized or disqualified from the Competition(s) as a result of any rules infraction all certificates will be forfeited.

58. Electronic Communications

By registering for the Competition, you agree to receive Competition updates in the form of emails throughout the Competition Term. By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our site with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator.

59. Change of Registered Email Address

If, at any time, you would like to change the email address you have provided, you must amend your registration details.

60. Prohibition to Participants to Transfer Any Right

You may not transfer any rights or obligations you may have under this Agreement

61. Provider’s Right to Transfer of Subcontract Any Right

We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.

62. Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect this Agreement’ other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and this Agreement’s purposes.

63. Link to Provider’s Website

You may not link any other website to the Country Pick site without the prior written permission of Provider.. Provider reserves the right to disallow any such link at any time in our sole discretion

64. No Third-Party Beneficiaries

A person who is not a party to this Agreement has no rights under this Agreement.

65. Jurisdiction and Governing Law

This Agreement shall be governed by the laws of Japan, without regard to the conflict or choice-of-law principles thereof, and the Tokyo District Court shall have exclusive jurisdiction over all disputes.

66. No Class Action

YOU ARE GIVING UP ANY RIGHT YOU MIGHT HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST US.

67. Participants’ Assent to No Class Action Clause

You understand that, in return for your agreement to this paragraph and Paragraph 22, Provider is able to offer the Competitions at the terms set out herein, and that your assent to this Section is an indispensable consideration to this Agreement.

68. Provider’s Email Services

By joining the Competition, you acknowledge and agree that Provider may send member emails from time to time relating to their user account, transactions and Country Pick promotions.

69. Headings

The headings in this Agreement are solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.

70. Assignment

This Agreement is binding on and will inure to the benefit of the respective successors and assigns of the user, Provider and its affiliates. However, you understand and hereby agree that you may not assign your rights hereunder without the prior written consent of Provider.

71. Survival & Waiver

The Agreement, as may be amended, relating to indemnification, limitations on liability, unauthorized and improper use of this site, and licenses granted to you by Provider and its affiliates shall survive the termination of this Agreement. The failure to insist on strict performance of any of the terms or conditions of this Agreement shall not operate as a waiver of such terms or conditions.

72. Entire Agreement

This Agreement constitutes the entire agreement between the user and Provider with respect to the use of the Country Pick site. However, you may be subject to additional terms and conditions that may be imposed by third parties who may provide information, products or services through the Country Pick site.