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PLAY FOR PRIZES – TERMS & CONDITIONS SECTION ONE - GENERAL INFORMATION 1.1 Terms and Conditions Participating in any tournament offered by Twistbox Entertainment, Inc.’s mobile games and content ("the Service") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Service may modify these Terms and Conditions at any time, with modifications becoming effective 15 days after they are first posted on the Service. Your continued use of the Service following the 15-day notice period signifies your binding acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications. 1.2 Entire Agreement These Terms and Conditions, along with the Privacy Policy, game rules and any other obligations and rules detailed in writing on the Service, constitute the entire agreement between you and the Service. These Terms and Conditions cannot be modified on an individual basis by you or by any person affiliated, or claiming affiliation, with the Service. Nothing in this subsection will prevent the Service from modifying the terms of these Terms and Conditions and posting such modifications on the Service as described above in Section 1.1. SECTION TWO - CONDITIONS AND OBLIGATIONS 2.1 Tournament Play The instructions, along with any other game-specific relevant information for each tournament game offered are available by accessing the "Help", "How to Play" and other menus on your wireless device. 2.2 Eligibility To participate in any Play For Prizes tournament offered on the Service, you must: a) be a natural person, at least 13 years old (Please note, however that participants under the age of majority in their state of residence must present written permission of a parent or legal guardian in the form provided by the Service in order to claim any prize won in a tournament) b) be a U.S. citizen or resident alien with a U.S. address, however, due to restrictions in some states’ laws, tournament participants who reside in or access the Service from certain states are not eligible to receive prizes. These states are: For AT&T users: IA, NJ, ND, TN, MD and VT For Verizon users: AZ, CT, MD, ND and VT All other users: MD, ND and VT c) be physically located within the U.S.; and d) be physically located in a U.S. state in which participation in the tournaments offered on the Service is unrestricted by law. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. NO PURCHASE NECESSARY to enter to win Mega Raffle prizes 2.3 Additional Persons Not Eligible Notwithstanding Section 2.2, the following persons are ineligible to receive any prize offered on the Service: employees, officers, and directors (and their immediate family members) of the Service, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Service. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director. 2.4 Legality You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service and are solely responsible for obeying those laws. You agree the Service cannot be held liable if laws applicable to you restrict or prohibit your participation. The Service makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Service nor shall any person affiliated, or claiming affiliation with the Service have authority to make any such representations or warranties. 2.5 Acknowledgment of Proprietary Rights By participating in any tournament offered on the Service, you acknowledge that all materials and information contained on the Service (the "Content") may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks or other proprietary rights or as a trade secret, and that all such rights are owned by the Service. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, except that you may download one copy of any game offered on the Service for your personal, non-commercial mobile phone use only, provided you keep intact all copyright and other proprietary notices. The Service neither warrants nor represents that your use of the Content displayed on the Service will not infringe rights of third parties. While the Service uses reasonable efforts to include accurate and up-to-date information, the Service makes no warranties or representations as to the accuracy of the Content, and assumes no liability or responsibility for any errors or omissions in the Content. Any communication or material you transmit to or through the Service by SMS text message or otherwise, including, without limitation, any data, questions, comments, suggestions or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Service or its affiliates for any purpose, including, but not limited to, reproduction (in original or modified form), disclosure, transmission, publication, broadcast and posting. Furthermore, the Service is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Service for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Service, including the names of all games, tournaments, and puzzles, are registered and unregistered Trademarks of the Service and/or others. Nothing contained on the Service should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of the Service or such third party that owns the Trademark displayed on the Service. Your misuse of any Trademark displayed on the Service, or any other content on the Service, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Service will aggressively enforce its intellectual property rights to the fullest extent of the law. 2.6 User Names At the time of initial registration to participate in tournaments on the Service, you will be required to submit an alias that will be your user name and opt-in with your SMS address. The Service reserves the right, in its sole discretion, to change, suspend and/or terminate offensive aliases. By participating in a tournament, you agree that the Service may display your user name and tournament records. 2.7 Privacy Policy The Service will not intentionally disclose any personally identifying information about you to third parties without your consent except where the Service, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other written rules of the Service. The Service reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Twistbox Entertainment, Inc. utilizes SMS text messages to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. You have the choice to opt-in or opt-out of receiving any or all of these types of SMS text messages at any time by modifying your preferences under the Preferences Section of the Help Section. To view the Service’s full privacy policy, click on the following link: Privacy Policy. The Service will not use winners’ full names or likenesses in advertising without the winners' prior written consent. Twistbox Entertainment, Inc. may disclose your information, including without limitation contact information and demographic and profile data, to a third party upon a transfer or sale to another entity of all or substantially all of our stock or assets or upon any other corporate reorganization. 2.8 Scope of Permitted Use Use of the Service is limited to participation in tournaments and communications related thereto. You agree not to use the Service for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on or through the Service in any manner; to interfere with or disrupt the operation of Service or the networks or servers connected to the Service or its Web site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party or is otherwise unlawful or offensive; to harass or otherwise harm the Service or any other person or entity; or to engage in commercial activities of any kind. From time to time the Service may offer you the ability to use certain interactive applications, including, for example, chat areas, bulletin boards, or SMS text messaging functions ("Applications"). The Service grants you a limited license to use the Applications subject to the following conditions: (a) You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Service ("Materials") are the sole responsibility of the person from whom the Materials originated. This means you, and not the Service, are entirely responsible for the Materials you transmit to or through the Service. Further, you understand that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent. (b) You will not create a user name, screen name or label, or upload to, distribute through or otherwise publish through the Service, any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (c) Your Materials shall not infringe the copyrights, trademarks or other intellectual property rights of the Service or any third party. (d) Your Materials shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or disrupt any software, hardware, telecommunications, networks, servers or other equipment. 2.9 Abuse Anyone who exceeds the authorized use of the Service or displays behavior consistent with the use of unfair methods on the Service, including but not limited to the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), any breach of the terms of the agreement between you and the Service, or any breach of the security of your account or the Service (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Service in its sole discretion), up to and including account termination and blocking of Service access. Additionally, all prize winnings (if any) of persons determined to be engaged in Abuse may be voided at the sole discretion of the Service. Any attempt to gain unauthorized access to the Service’s systems or any account, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any tournament offered on the Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled. 2.10 Account Termination The Service reserves the right, in its sole discretion, to terminate your account, limit or prohibit your participation in any game, tournament or tournaments. SECTION THREE - TOURNAMENT DETAILS 3.1 Skill Only Prizes are offered for skillful participation in games and tournaments in the Service. All games in this service use an all-skill methodology to ensure that prizes are awarded to players based on individual players' skill and not chance events. 3.2 Game Rules Rules for each specific tournament offered on the Service can be found in the “Help” menu of each game on the mobile phone used to play the game. 3.3 Determination of Winners The results and winners of each tournament offered on the Service will be determined by the Service according to the applicable game rules. By registering and/or participating in any tournament, you agree to be bound by the applicable game rules and by the Service’s determinations. 3.4 Winner Notification; Winners Lists Winners will be notified via SMS text messages and may be required to complete an affidavit of eligibility, publicity/liability release (except where prohibited by law) and/or parental/legal guardian authorization in order to claim a prize. Lists of winners will be posted on the Service’s web site following each tournament or as soon thereafter as eligibility of all winners is confirmed, and will also be available by mail by contacting the Service at the address below by no later than two weeks after the end of a given tournament. SECTION FOUR - PRIZES 4.1 Prize Descriptions Prizes for each particular tournament will be displayed on players’ wireless handsets prior to entry into the tournament. 4.1.1 Amazon.com® Gift Card Amazon.com is not a sponsor of the Service or any promotion associated therewith. Amazon, Amazon.com, and the Amazon.com logo are trademarks of Amazon.com, Inc. or its affiliates. Amazon.com Gift Cards (GCs”) may used only to purchase eligible goods on Amazon.com or its affiliated website Endless.com. GCs cannot be redeemed for purchases or gift certificates or cards, or for items from some third party sellers. GCs cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. For complete terms and conditions, see http://www.amazon.com/gc-legal. GCs are issued and © 2009 by ACI Gift Cards, Inc., a Washington company. 4.2 Limits of Prize Winnings For all tournaments, players can win one (1) prize per game in a calendar month. 4.3 Ties In head-to-head tournaments, contestants playing a particular game are ranked by the highest score calculated as: [Wins - (5 x Losses)]. Tiebreakers are determined by the greatest number of games played, followed by the least number of forfeits, and finally by the highest average game score. You must play a minimum number of matches (as indicated in the applicable game rules) to qualify to win a head to head tournament. In progressive tournaments, prizes are awarded to contestant(s) with the highest score. Each contestant's highest score will be used to rank them in the tournament. In the event of a tie in a progressive tournament, an automated, logic based algorithm will determine the contestants that will be awarded prizes. 4.4 No Prize Transfer/Substitution; Taxes Prizes are not transferable. No substitution of Prizes for cash or other goods and services is permitted, except the Service reserves the right to provide a substitute Prize of approximately equal value. Winners are responsible for any applicable taxes on prizes. Cash value of the merchandise prize(s) offered (either manufacturer’s suggested retail price, or Service acquisition price) will be posted in the games rules for each tournament. 4.5 Delivery Time Unless otherwise specified, merchandise will ship within 45 days of the date the prize is claimed by the winning player. All goods are shipped F.O.B. Origin, and accordingly the Service takes no responsibility for any damage incurred during shipping. 4.6 Warranties on Prizes In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Service is responsible for initial defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer‘s warranty, the merchandise is offered "as is", and the Service is not responsible for any defects, use or misuse or repairs. The Service makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes. 4.7 Information Needed to Claim Prize The following information is needed to verify winners and mail prizes: Date of Winning, PRIZE PIN, age, internet email address, first name, last name, mailing address, phone username. If information needed to claim prizes is not submitted within 30 days from the tournament end date, the prize will be forfeited. Incomplete or incorrect information provided by winners will cause a delay in prize delivery, or prize forfeiture. 4.8 Prize Winner Redemption Period Prize winners have 30 days after the tournament they won ends to claim their prize. If any prize or prize notification is returned as undeliverable, or if the winner does not claim a prize within the 30-day period, such prize will be forfeited. SECTION FIVE - GENERAL CONDITIONS 5.1 Limitation on Liability BY PARTICIPATING IN ANY TOURNAMENT OFFERED ON OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT THE SERVICE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE, LOSS, OR INJURY CAUSED BY USING A GAME FROM THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT (1) THE SERVICE IS NOT LIABLE FOR ANY DAMAGE TO YOUR MOBILE PHONE, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF THE SERVICE. THE SERVICE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR MOBILE PHONE OR OTHER PROPERTY RESULTING FROM YOUR ATTEMPTED OR ACTUAL ACCESS TO, USE OF, OR BROWSING IN THE SERVICE. 5.2 No Warranty ALL GOODS AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SERVICE HAS AUTHORITY TO EXTEND SUCH WARRANTIES. 5.3 Hacking, Tampering, or Unauthorized Access; Technical Failures By participating in any tournament offered on the Service, you agree that the Service is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your account on the Service. The Service is not responsible for any lost, late, misdirected or corrupted entries, or for any interruption in or suspension of game play caused by technical failures. 5.4 Third Party Links From time to time, reference links may appear on the Service that may be used to link to web sites of third parties. These links are provided as a courtesy to our users. The Service has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. The Service is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. The Service reserves the right to terminate any link at any time. 5.5 Governing Law and Choice of Forum for Disputes These Terms and Conditions will be governed in accordance with the laws of the State of California. 5.6 Severability If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions. 5.7 Sponsor The tournaments offered on the Service are sponsored by Twistbox Entertainment, Inc., 14242 Ventura Blvd., 3rd Floor, Sherman Oaks, CA 91423. Phone: 818-301-6200. E-mail: help@twistboxgames.com |