An annual membership fee will be applied and processed through payment options provided for the user. Your membership fee is refundable within 30 days of joining as long as you do not enter any sweepstakes pool. Once you have entered a sweepstakes pool, the membership fee becomes non-refundable. Membership cycle starts from January 1 until December 31 of the same year. After registration, members will have access to select the sweepstakes pool they wish to participate in. Prices to enter these sweepstake pools will vary according to the Approximate Retail Value (ARV) of the official sweepstakes. This amount is also non-refundable unless, sweepstakes posted on our Website are canceled for any reason beyond our control. In this case, myunclestan.com will refund all sweepstake pool fees to participating members of the canceled sweepstake. Users must select at least one sweepstakes pool during registration. Members will have login access to edit their membership information. Myunclestan.com will only recognize and accept the member’s name on the account prior to any official sweepstakes drawing and not thereafter. Spouses must join separately. Members will also have the option of participating in other sweepstake pools featured on our Website with their login access code.
Myunclestan.com does not enter its members in sweepstakes. Therefore, members must independently enter official sweepstakes for a chance to become a winner. If you have already entered any official sweepstakes posted on our Website before becoming a member of myunclestan.com, you are still covered under these Terms and Conditions as a member. At the end of the year, your membership will cover any sweepstakes pool you pre-selected for the following year. However, in order to participate in any new sweepstakes pool, you will need to renew your membership for the following year.


5.  WINNING TAX PAYOUTS

You must be a participating member of a specific sweepstakes pool of myunclestan.com and the winner of the same official sweepstakes posted on myunclestan.com in order to receive any tax payouts.  Name and address of winner of the official sweepstakes must match myunclestan.com’s member profile.  The amount of federal income taxes paid out by myunclestan.com on behalf of the winning member will depend solely on the total membership participation within the selected sweepstakes pool and not to exceed thirty-five percent (35%) of the Fair Market Value (FMV) of the grand prize.  Thus, the more members join the sweepstakes pools, the more likely the sweepstakes pools will reach the target amount of the initial federal income taxes owed.  Property taxes and any other miscellaneous taxes are not included and are the sole responsibility of the winner as well as any other taxes that occur as a result of any winning tax payouts.  If the sweepstakes pool amount is less than the total amount of federal income taxes owed, the entire amount of the sweepstake’s pool will be applied toward the federal taxes of the winning member.
The winning payout relates only toward the official sweepstakes total grand prize and does not include any personal federal income taxes owed by the winner prior to winning the sweepstake’s prize nor does it relate to the combination thereof.  Cashier checks will be payable directly to the Internal Revenue Service or tax agency responsible for collecting taxes and confirmation will be received by the winning member on or before the first Monday in March of the next tax filing period.  Any refunds awarded to the winning member by the Internal Revenue Service (IRS) will not be challenged by STANetworks, LLC.  Winning members will be required to sign an affidavit of eligibility, release of liability and publicity, including, but not limited to, the use of winner’s name, hometown and photograph without additional compensation (where lawful) which must be signed, notarized and returned within fourteen (14) days of receipt or the prize will be forfeited and the potential winner will be disqualified. Any unclaimed sweepstake pool will be acquired by STANetworks, LLC. and used at its own discretion. This may include, but not limited to, promotions, advertisement, giveaways, and/or sweepstake pool rollovers.


6.  SELLING PRIZE OR ACCEPTING CASH OPTIONS

If the winning member of a sweepstakes grand prize sell their property prior to myunclestan.com’s commitment to pay the taxes or the winning member decides on a cash option, then myunclstan.com will withhold 30% to 35% of the winning tax payout (depending on the amount of the sweepstake’s pool) due to IRS requirements and send the winning member a check for the remaining.  The winning member will also receive a 1099.


7.  USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to myunclestan.com on or by this site or otherwise  disclosed, submitted or offered in connection with your use of this site (collectively, the “Comments”) shall be and remain myunclestan.com’s property.  Such disclosure, submission or offer of any Comments shall constitute an assignment to myunclestan.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.  Thus, myunclestan.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.  Myunclestan.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.  You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any Comments you make.  We welcome your comments regarding the myunclestan.com Website.  However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted by you shall be and remain the exclusive property of myunclestan.com.  Your submission of any such Comments shall constitute an assignment to myunclestan.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  Myunclestan.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, stories, computer code or original artwork.


8.  CONTENT OF WEBSITE & THIRD PARTY LINKS

We provide the Website including, without limitation the Website Content for entertainment, educational and promotional purposes only.  You may not rely on any information and opinions expressed on any of our Website for any other purpose.  In all instances, it is your responsibility to evaluate the accuracy, timelines, completeness, or usefulness of Website Content.  Under no circumstances will we be liable for any loss or damage due to your reliance on any Website Content.  Under many circumstances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party.  We do not endorse, warrant and are not responsible for the accuracy, timelines, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved.  If there is such a dispute, you hereby release myunclestan.com and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

The Website may contain links to other websites maintained by third parties.  We do not operate of control, in any aspect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any kind incurred as a result of your relations with any third-party or their websites.


9.  INDEMNIFICATION

You agree to defend, indemnify and hold myunclestan.com  and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:  (a) your access to or use of the Website; (b) User Content provided by you or through use of your Membership; (c) any actual or alleged violation or breach by you of these Terms and Conditions; (d) any actual  or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.


10.  TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms and Conditions.  You agree that myunclestan.com shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

If you become a registered user, you may terminate your Membership at any time by sending an email to privacy@myunclestan.com.

Any suspension or termination shall not affect your obligations to us under these Terms and Conditions.  The provisions of these Terms and Conditions which by their nature should survive the suspension or termination of your Membership or these Terms and Conditions shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions described in Section 16.


11.  LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL myunclestan.com OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, PARTNERS, SUCCESSORS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF myunclestan.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS AND CONDITIONS.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF myunclestan.com AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, PARTNERS, SUCCESSORS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY myunclestan.com DURING THE PRECEDING TWELVE (12) MONTH PERIOD OF $100.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.


12.  LAW JURISDICTION AND VENUE

These Terms and Conditions shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules.  Any legal proceedings against myunclestan.com that may arise out of, relate to, or be in any way connected with our Website or these Terms and Conditions shall be brought exclusively in the state and federal courts of Texas located in Dallas county and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.


13.  DISPUTE RESOLUTION – BINDING ARBITRATION

In the Dispute Resolution Section only, "we" and "us" are used to refer to you and myunclestan.com together.

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution.  You agree to contact us with disputes by contacting us at the address provided in these Terms and Conditions.  We will contact you based on the contact information you have provided us.

(B) We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration.  In arbitration, there’s no judge or jury and review is limited.  However, just as a court would, the arbitrator must honor the terms and limitations in the Terms and Conditions and can award the same damages and relief.  The arbitrator’s decision and award is final and binding, with some exceptions under the federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction.  We each also agree as follows:

(i) "Disputes" are any claims or controversies against each other related in any way to the Website, Website Content or these Terms and Conditions – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims myunclestan.com may bring against you.

(ii) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents and information, and the proposed resolution.  Myunclestan.com will send notice to you based on the contact information you have provided myunclestan.com and notice to myunclestan.com must be sent to :  STANetworks, LLC, ATTN:  Legal Department, P.O. Box 181471, Arlington, TX 76096-1471.  We agree to make attempts to resolve the dispute.  If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.

(iii) The FAA applies to the Agreement and arbitration provision.  We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

(iv) The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules.  If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions apply.  You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org.

(v) The arbitration will be conducted by a single neutral arbitrator and will take place in Dallas, Texas.  The federal or state law that applies to these Terms and Conditions will also apply during the arbitration.

(vi) We each agree not to involve any claims other than our own while we pursue arbitration.  We each agree that any arbitration will be solely between us (not brought on behalf of or together with another individual’s claim).  If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the dispute must be brought in court.

(vii) The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.

(C) Either of us may bring qualifying claims in small claims court.


14.  NO CLASS ACTIONS 

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.


15.  NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.


16.  AMENDMENT – ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms and Conditions.  In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms").  Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and Conditions.  To the extent any Additional Terms conflict with these Terms and Conditions, the Additional Terms will control.

Modifications to these Terms and Conditions or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail.  It is your responsibility to review the Terms and Conditions and the Website from time to time for any changes or Additional Terms.  Your access and use of any the Website following any modification of these Terms and Conditions or the provision of Additional Terms will signify your assent to and acceptance of the same.  If you object to any subsequent revision to the Terms and Conditions or to any Additional Terms, you may terminate your Membership as provided in Section 9 herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.


17.  MISCELLANEOUS

Any delay or failure on the part of us to exercise or enforce any rights under these Terms and Conditions to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.  You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.  The section headings used herein are for convenience only and shall not be given any legal import.  If any provision of these Terms and Conditions is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

These Terms and Conditions (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.  Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.  Myunclestan.com may assign these Terms and Conditions or any rights hereunder without your consent and written notice.

Effective:  February 1, 2008. © 2008 STANetworks, LLC. (Last updated on 1/06/09)