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Member Participation Agreement

Last updated: November 2, 2009.

Welcome to the MyDreamHunts.com™ site (the "Site") and our marketing services (the "Services"). MyDreamHunts.com™ is owned and operated by My Dream Hunts, LLC. Any person that wants to access the Site and use the Services for a chance to win hunts, secure discounted hunting and taxidermy services, obtain discounts on the purchase of hunting related retail products from MyDreamHunts.com™ affiliates or take advantage of other MyDreamHunts.com™ benefits and services must accept the terms and conditions of this Member Participation Agreement without change. BY JOINING MYDREAMHUNTS.com™ AND USING THE SERVICES AS A MEMBER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS MEMBER PARTICIPATION AGREEMENT, AND ALL OFFICIAL SWEEPSTAKES RULES, POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED HEREIN BY REFERENCE.

1. Eligibility. Use of the Site, Benefits and Services is limited to persons or individuals, not companies, who properly complete the registration process. To register, Members must complete all of the information found in the online Members Registration Form that is indicated as “required” information. If all of the “required” information on that form is not completed, your registration as a Member will not be accepted. The person or individual registering as a Member represents that he or she has right, power and authority to enter into this Member Participation Agreement and perform the Member’s obligations hereunder. You may register as a Member only once, using only one name and one email address. Multiple registrations per person or per mail address are prohibited and will cause all subsequent registrations after the initial registration to be disqualified for any and all sweepstakes. Further, all subsequent registrations after the initial registration shall be subject to termination or cancellation by MyDreamHunts.com™.

MyDreamHunts.com™ may refuse or reject the registration of any Member for any reason deemed reasonable in MyDreamHunts.com™’s sole discretion.

Members may terminate his or her MyDreamHunts.com™ Membership at any time by informing MyDreamHunts.com™ using the standard method then-currently provided by MyDreamHunts.com™ for such termination. In the event of such termination, the Member will no longer be eligible to be featured or have a presence on MyDreamHunts.com™, such Member will no longer be eligible to participate in the sweepstakes and such Member will no longer have access to the Members-only sections of MyDreamHunts.com™.

Because all Members are automatically entered into the Weekly Hunt Give-Away, which is regulated as a sweepstakes, MyDreamHunts.com™ does not allow children to become members. You must be age 18 or older to be a Member of MyDreamHunts.com™. In some states or provinces, you must be 19 or 21 to enter sweepstakes. Thus, if you are a resident of those states or provinces and you are a Member that is under the minimum age required to enter sweepstakes, you cannot enter our sweepstakes. Members that reside in Quebec, Canada or other jurisdictions not listed as eligible (“Non-eligible Jurisdictions”) in the applicable Weekly Hunt Give-Away official rules shall not be automatically entered into and cannot participate in the Weekly Hunt Give-Away, which is regulated as a sweepstakes. If at any time a Member decides not to continue his or her MyDreamHunts.com™ membership, he or she can go to their personal Account Page on the Site and click, “Cancel Membership.”

Charter Members are those members that joined MyDreamHunts.com™ as Members and paid at least one month's dues during the period that membership was not free (prior to November 1, 2009). Charter Members will always be recognized as “Charter Members” as long as Dream Hunts, LLC remains in existence and Charter Member remains in uninterrupted Active Status. Charter Members have special benefits that are not available to any other members. Such special benefits include having the cost of their Member dues shall be fixed for life at $9.95 per month or $119.40 per year (paid annually) unless the Charter Member becomes eligible for a free MyDreamHunts.com membership by joining one of the WorldVentures ("WV") teams of My Dream Giveaways, LLC as a WV Member or as a WV Member and an Independent Representative of WV;

2. MyDreamHunts.com™'s Role and Obligations. MyDreamHunts.com™ provides a platform for Participating Outfitters offering hunting services and Participating Taxidermists offering taxidermy services to market their services to MyDreamHunts.com™’s members or visitors on the Site. Members understand that Participating Outfitters are simply making the hunt available to be given away and are allowing MyDreamHunts.com™ to facilitate the give away of those hunts by use of a random computerized selection process, for the hunts to be given away weekly. Members understand that the Participating Outfitters, not MyDreamHunts.com™, own the hunts that are given away in the sweepstakes on MyDreamHunts.com™.

In exchange for the Members agreeing to join MyDreamHunts.com™ and (i) pay an annual membership fee of One Hundred Nineteen Dollars and Forty Cents ($119.40) if a Charter Member, (ii) pay an annual membership fee of Two Hundred Fifty Dollars ($250.00) or (iii) receive a FREE membership in MyDreamHunts.com by joining one of the World Ventures ("WV") teams of My Dream Giveaways, LLC as a WV Member or a WV Member and an Independent Representative of WV and agreeing to the obligations set forth in Paragraph 3 below, MyDreamHunts.com™ will make available the following benefits and services to the Members:

  1. Automatic entry into the Weekly Hunt Give-Away, which is regulated as a sweepstakes. However, persons or individuals under the age of eighteen (18) cannot become MyDreamHunts.com™ members. Also, Members that reside in Quebec, Canada and any other Non-Eligible Jurisdictions shall not be automatically entered into and cannot participate in the Weekly Hunt Give-Away due to onerous state or provincial laws. The Participating Outfitter is responsible, under the Outfitter Participation Agreement, to provide Members that have won a hunt in a sweepstakes with a properly completed IRS Form 1099 for the year that the hunt was actually taken by the Member;
  2. A personal Trophy Room Page where Members can individually post their own hunting pictures;
  3. A Fifteen (15%) discount on any hunt Members book through any of the MyDreamHunts.com™ Participating Outfitters;
  4. A Fifteen (15%) discount on any services Members procure for personal mounts through any of the MyDreamHunts.com™ Participating Taxidermists; or
  5. Exclusive access to an array of articles providing valuable hunting information including special stories and articles about hunting most species in North America;

3. Member’s Obligations.

  1. By agreeing to the terms and conditions of this Agreement, Members agree to comply with this Member Participation Agreement and the MyDreamHunts.com™ Privacy Policy;
  2. Membership for all Members begins on the date that a Member joins. Members agree to join MyDreamHunts.com™ and (i) pay an annual membership fee of One Hundred Nineteen Dollars and Forty Cents ($119.40) if a Charter Member, (ii) pay an annual membership fee of Two Hundred Fifty Dollars ($250.00) or (iii) receive a FREE membership in MyDreamHunts.com by joining one of the World Ventures ("WV") teams of My Dream Giveaways, LLC as a WV Member or a WV Member and an Independent Representative of WV . Member understands that if they are not eligible for a free membership as set forth in b(iii) of this Paragraph, they will be sent an annual membership dues statement by MyDreamHunts.com™ by either email and/or US Mail and that such dues must be paid by the due date in such statement using the available methods of payment set forth in such statement. Failure to pay such membership dues by such due date will result in termination of membership and all benefits and services that accompany such membership. Member understands that MyDreamHunts.com™ can increase its membership dues at any time, except for Charter Members, and that Members may cancel their membership at any time.
  3. Member understands that in order for the Member to have access to and take advantages of the sweepstakes, services and other benefits of MyDreamHunts.com™, Member must remain in “Active Status.” Charter Members must remain in “uninterrupted” Active Status in order to maintain their status and always be recognized as “Charter Members.” In order for a Member to remain in “Active Status,” he or she must:
    1. Not be in violation of any provision of this Agreement;
    2. Not be in violation of the Privacy Policy;or
    3. Not do any act or omission that would result in MyDreamHunts.com™ terminating this Agreement pursuant to Paragraph 14 of this Agreement.
  4. Member understands that he or she will receive automatic entry into the Weekly Hunt Give-Away, which is regulated as a sweepstakes and that:
    1. persons under the age of eighteen (18) cannot become MyDreamHunts.com™ members;
    2. Members that reside in Quebec, Canada and any other Non-Eligible Jurisdiction shall not be automatically entered into and cannot participate in the Weekly Hunt Give-Away due to onerous state or provincial laws;
    3. Members receiving automatic entry into the Weekly Hunt Give-Away agree to comply with all provisions of its Official Rules that are posted on MyDreamHunts.com™;
    4. Canadian Members, other than those who reside in Quebec, must correctly answer a skill-testing question at the time they join or at the time they are selected as a potential winner in order to be eligible to win the Weekly Hunt Give-Away;
    5. the Participating Outfitter is responsible, under the Outfitter Participation Agreement, to provide Members that have won a hunt in a sweepstakes with a properly completed IRS Form 1099 for the year that the hunt was actually taken by the Member;
    6. There is no purchase necessary to enter the sweepstakes; and
    7. A purchase of services or products or a purchase of a membership will not increase the Member’s chances of winning and that the Weekly Hunt Give-Away sweepstakes will offer a free, alternate method of entry that does not require membership, whose method of entry and all other sweepstakes details will be set forth in the complete Official Rules posted on the website prior to the start of each sweepstakes. The alternate method will require a down-loaded faxed-in entry form and faxing it to the designated sweepstakes fax line within a specific time frame during the Promotion Period.
  5. Use of the personal Trophy Room Page requires that the Member is in “Active Status” for access and the Member hereby agrees to comply with the rules specific to the Member Profile Page that are posted on MyDreamHunts.com™.
  6. Utilizing the Fifteen (15%) discount on hunts offered by the Participating Outfitters requires that the Member is in “Active Status” at the time the hunt is procured and the Member hereby agrees to comply with the rules specific to the Fifteen (15%) discount on hunts that are posted on MyDreamHunts.com™.
  7. Utilizing the Fifteen (15%) discount on taxidermy services offered by the Participating Taxidermists requires that the Member is in “Active Status” at the time the services are procured and the Member hereby agrees to comply with the rules specific to the Fifteen (15%) discount on taxidermy services that are posted on MyDreamHunts.com™.
  8. By agreeing to the terms and conditions of this Agreement, Members agree that they will not join MyDreamHunts.com™ as a Member for a short period of time only to take advantage of one of the unique benefits that MyDreamHunts.com™ has to offer, such as booking a hunt at a 15% discount with a Participating Outfitter, securing a 15% discount on taxidermy services with a Participating Taxidermist or obtaining a discount on retail items with a MyDreamHunts.com™ Affiliate that has been offered exclusively to the Members. If it is evident that a Member has joined, taken advantage of one of these benefits and then cancelled his or her membership, such benefit may not be honored at the sole discretion of MyDreamHunts.com™.

4. MyDreamHunts.com™ Give Away Services. AS A MEMBER, IN ORDER TO WIN A HUNT ON MYDREAMHUNTS.com™, YOU MUST REGISTER AS A MEMBER WITH MYDREAMHUNTS.com™ AND AGREE TO THE FOLLOWING PROVISIONS OF SERVICE (the "Provisions of Service").

  1. Member hereby agrees to comply with all Official Rules of all sweepstakes;
  2. Member hereby agrees to comply with all Terms and Conditions of Use of all Services and Benefits offered on MyDreamHunts.com™;
  3. Once a winner is selected for a free hunt to be given away in a sweepstakes, an email will be sent to both the winner and the Participating Outfitter identifying both the winner and the Participating Outfitter, along with contact information for both. Member agrees to communicate with the Participating Outfitter in a timely manner to schedule the hunt and provide documentation of the hunt to be given away. The winning Member will be required to provide his or her Social Security Number and other pertinent information to the Participating Outfitter to enable the Participating Outfitter to properly complete and send an IRS Form 1099 to the winning Member for the hunt given away that will be for the year that the hunt was used by the winning Member. If the winning Member refuses or fails to provide his or her Social Security Number and other pertinent information to the Participating Outfitter for proper complete of the IRS Form 1099, Participating Outfitter is not obligated to provide and the winning Member is not entitled to take the hunt that was won;

5. MyDreamHunts.com™’s Reservation of Rights. MyDreamHunts.com™ retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Members not to post or upload certain information or categories of information to or on MyDreamHunts.com™ in our sole discretion. MyDreamHunts.com™ may in our sole discretion withhold for investigation, refuse to process, stop and/or cancel any of Members transactions on the Site. Members agree to remove information or photographs from the Site if MyDreamHunts.com™ asks Members to do so. In the event of such removal, cancellation or stoppage, MyDreamHunts.com™ shall have the right to suspend a Member’s active membership status until all issues are resolved. If such issues are not resolved, MyDreamHunts.com™ reserves the right, at its sole discretion, to terminate the Member’s membership.

My Dream Hunts, LLC, operating and doing business as “MyDreamHunts.com™” (hereinafter referred to as "MyDreamHunts.com™") reserves the right to change any of the terms and conditions contained in this Member Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notices of changes to this Member Participation Agreement will be posted on the Site for thirty (30) days. Member is responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. MEMBER’S CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MYDREAMHUNTS.com™'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF MEMBERS DOES NOT AGREE TO ANY CHANGES TO THIS MEMBER PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

6. Password Security. Member’s password may be used only to access the Site, use the MyDreamHunts.com™ services and benefits and make updates to Members’ information already posted on the Site. Member is solely responsible for maintaining the security of Member’s password. Members may not disclose Members password to any third party and are solely responsible for any use of or action taken under Member’s password on this Site. If a Member’s password is compromised, Member must change its password.

7. Privacy. Read the MyDreamHunts.com™ Privacy Policy. The Privacy Policy is incorporated by reference and made a part of this Member Participation Agreement. The Privacy Policy may be changed by MyDreamHunts.com™ in the future. Members should check the Privacy Policy frequently for changes. MyDreamHunts.com™ and its affiliates may communicate with Members in connection with Members use of the available Services and Benefits available on MyDreamHunts.com™ and Member consents to such communications regardless of any preferences noted in your Accounts Page that Members may have indicated on the Site or by any other means. When Members use the Services or Benefits available on MyDreamHunts.com™, some personally identifiable information about Members, including Members feedback and the e-mail address associated with Members account, may be used directly or indirectly for marketing outdoor related products or services by Participating Outfitters, Participating Taxidermists or MyDreamHunts.com™’s affiliates.

8. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. MYDREAMHUNTS.com™ RESERVES THE RIGHT TO REVISE THE SITE AT ANY TIME IN ITS SOLE DISCRETION. MYDREAMHUNTS.com™ MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  1. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  2. THAT THE SITE OR THE SERVICES WILL MEET MEMBERS’S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
  3. THAT THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PARTICIPATING OUTFITTERS OR PARTICIPATING TAXIDERMISTS OR MYDREAMHUNTS.COM AFFILIATES, AVAILABLE FOR SALE, LAWFUL TO SELL, OR THAT PARTICIPATING OUTFITTERS OR PARTICIPATING TAXIDERMISTS OR MYDREAMHUNTS.COM AFFILIATES WILL PERFORM AS PROMISED;
  4. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
  5. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MYDREAMHUNTS.com™. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MYDREAMHUNTS.com™ DISCLAIMS ANY AND ALL SUCH WARRANTIES.

9. General Release. BECAUSE MYDREAMHUNTS.com™ ONLY FACILITATES MEMBERS’ HUNT GIVE AWAY SWEEPSTAKES ON MYDREAMHUNTS.com™, IF A DISPUTE ARISES BETWEEN A MYDREAMHUNTS.com™ PARTICIPATING OUTFITTER, PARTICIPATING TAXIDERMIST OR A MYDREAMHUNTS.com™ AFFILIATE AND MEMBER RELATED TO GIVE AWAY HUNTS, PRODUCTS OR SERVICES WON OR PROCURED THROUGH MYDREAMHUNTS.com™, MEMBER AGREES TO RELEASE MYDREAMHUNTS.com™ (AND ITS AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

10. Indemnity/Limitation of Liability.

  1. Indemnity and Defense. Members will defend, indemnify and hold harmless MyDreamHunts.com™ and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) for any Claim that arises out of or relates to: (i) any actual or alleged breach of Member’s representations, warranties, or obligations set forth in this Member Participation Agreement; (ii) Member’s misrepresentation of his authorization or qualification under applicable state, provincial or federal laws to participate in sweepstakes; (iii) any services or products procured through MyDreamHunts.com™; or (iv) any hunt won or procured by Member through MyDreamHunts.com™ given away or to be given away by Members. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity in connection with any advertisement, offer or sale of services or products by Participating Outfitters, Participating Taxidermists or MyDreamHunts.com™ Affiliates on or through the Site, or otherwise in connection with any action, inaction or omission of Participating Outfitters, Participating Taxidermists or MyDreamHunts.com™ Affiliates, or any of their respective employees, agents, contractors or representatives.
  2. Limitation of Liability. MYDREAMHUNTS.com™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE MEMBER PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY HUNTS GIVEN AWAY TO MEMBERS ON MYDREAMHUNTS.com™.

11. Applicable Law. The laws of the state of Colorado govern this Member Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with MyDreamHunts.com™ or its affiliates relating in any way to these terms and conditions or Members use of the Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in 4th Judicial District Court in Teller County, Colorado, and Members consent to exclusive jurisdiction and venue in such courts.

12. Not an Agent; Give Away Hunt Status. Because MyDreamHunts.com™ is not the agent of the Member, MyDreamHunts.com™ will not act as Member’s agent for any purpose. The hunts that are being given away on the Site are not owned by MyDreamHunts.com™ and Member understands that such hunt is being given by the sponsoring Participating Outfitter. The Participating Outfitters are simply making the hunt available to be given away and is allowing MyDreamHunts.com™ to facilitate the give away of those hunts to MyDreamHunts.com™’s members or other visitors to the Site by use of a use a random computerized selection process, for the hunts to be given away weekly. MyDreamHunts.com™ never owns any of the hunts to be given away.

13. Members’s Grant. By entering into this Member Participation Agreement and utilizing the benefits and services offered on the Site, Members grant MyDreamHunts.com™ a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content Members submits to MyDreamHunts.com™ and its affiliates; provided, however, that MyDreamHunts.com™ will not alter any of Member’s trademarks (i.e., trademarks of Members that are provided to MyDreamHunts.com™ in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by Members (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with Members removal requests as to specific uses of Members trademarks (provided Members are unable to do so using standard functionality made available to Members via the Site or Services); provided further, however, that nothing in this Member Participation Agreement will prevent or impair MyDreamHunts.com™’s right to use, without Member’s consent, the content and any other materials provided by Members, to the extent that such use is allowable without a license from Members or Members’s affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). Members represents and warrants that Members owns or otherwise controls all of the rights to the content Members submits to MyDreamHunts.com™ and its affiliates, and that the use of such materials by MyDreamHunts.com™ and its affiliates will not infringe upon or violate the rights of any third party.

14. Termination. MyDreamHunts.com™ may, in its sole discretion, terminate this Member Participation Agreement with Member, Member’s access to the Site or Member’s use of the Services and Benefits without notice for any reason.

15. General Provisions

  1. Entire Agreement. This Member Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice, sweepstakes rules, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
  2. No Agency; Third-Party Beneficiary. MyDreamHunts.com™ is not the agent, fiduciary, trustee, or other representative of Member. Nothing expressed or mentioned in or implied from this Member Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Member Participation Agreement. This Member Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of MyDreamHunts.com™ and MyDreamHunts.com™’s Members.
  3. Severability. If any provision of this Member Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  4. No Waiver. MyDreamHunts.com™ will not be considered to have waived any of its rights or remedies described in this Member Participation Agreement unless the waiver is in writing and signed by us. No delay or omission by MyDreamHunts.com™ in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. MyDreamHunts.com™'s failure to enforce the strict performance of any provision of this Member Participation Agreement will not constitute a waiver of MyDreamHunts.com™'s right to subsequently enforce such provision or any other provisions of this Member Participation Agreement.