
NO PURCHASE NECESSARY. “Us” or “We” ("the
Company”) provides the free poker tournament sweepstakes
( the"Service") to any person ("you"or"your")
who completes the registration process to become a member of the
Service and is accepted by The Company to become a member on the
following terms, which may be updated by The Company or its sponsors
from time to time without notice to you.
By SUBMITTING THE REGISTRATION FORM, YOU EXPRESSLY
AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU
MUST NOT REGISTER AND YOU MAY NOT ACCESS OR USE ANY PART OF THE
SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
1.
General Terms, Definitions and Interpretations
a. Definitions. The following terms shall
have the following meanings in this agreement:
1. "Privacy
Policy" shall mean the document setting forth the policies
of us regarding the collection, retention, and use of the
personal information of those that use our site.
2. "Site" shall mean the our websites
b. Section References. References to a
"Section" shall be deemed references to an enumerated
section of this agreement.
c. Subsection References. References to a
"Subsection" shall be deemed references to labeled
Subsection of this agreement.
d. Reference and Convenience of Labels. Section
headings and Subsection labels are used for convenience and
referential notation only and shall have no interpretative
effect or impact whatsoever.
a. You are
subject to the laws of the country, state, city or other legal
entity (collectively "Jurisdiction") in which you
reside and/or from which you access the Site. Access to the
Site may not be legal for some or all residents of, or persons
present in, certain Jurisdictions. It is your responsibility
to determine the law that applies in the applicable Jurisdiction,
and we do not make any representation or warranty, express or
implied, as to the lawfulness of your participation in the free
poker tournament sweepstakes, or that materials on this Site
are appropriate for use in your Jurisdiction. We do not intend
that the Site be used by persons present in Jurisdictions in
which the playing of card games for free or entering sweepstakes
may be prohibited or restricted. You agree that the Site does
not constitute an offer, solicitation or invitation by us for
the use of any service in any Jurisdiction in which such activities
are prohibited or restricted. You agree that, and we assert
that, We shall not have any responsibility under any laws in
any Jurisdiction, other than the state of Nevada in the United
States. We further reserves the right to require you to provide
proof that you are eligible to participate and win prizes in
the online poker tournament sweepstakes prior to payment of
any winnings or prizes. We also reserves the right, in its sole
and absolute discretion, to refuse service and access to any
potential participant.
b. You must be 18 years of age to play
and may be asked to submit age verification. In some promotions,
you must be 21 years of age to play.
c. All prizes, including prizes shipped outside
of North America, will be sent via US Postal Service with the
appropriate international postage (where applicable). We assume
no liability for non-deliverability. All cash prizes will be
paid in US funds via check or alternate payment. In order to
avoid shipping goods outside the US, We reserve the right to
ship the Approximate Retail Value of the item via check or alternate
payment as a substitute for the merchandise prize UP TO A MAXIMUM
VALUE OF $100 US. Residents outside the US and Canada are advised
to play only in cash tournaments or tournaments offering merchandise
with an ARV of less than $100. If the location you reside in
considers sites like Us legal, you are more than welcome to
play and win. Please note that all international citizens are
subject to an automatic 30% tax withholding. This is in compliance
with US Federal Tax Law and is stated in our Terms & Conditions.
3. Registration
and Account Rules
a. Initial Account
Establishment. To register on the Site and become a
member, you must complete the registration page and affirmatively
accept the terms of use and the associated privacy policy. You
will receive a specific ID and password to enable access to
your account to manage your account.
b. You may only register one account for yourself.
You hereby acknowledge and agree that you shall not register
more than one account, for yourself. If it is determined that
you have registered more than one account, then you acknowledge
and agree that you shall not be eligible to win any prizes and
you may be excluded from play.
c. Each time you access and use the site, you
represent and warrant to Us that: (i) you are at least eighteen
(18) years of age, or the legal age to participate in a tournament
sweepstakes in the applicable Jurisdiction, whichever is higher;
(ii) your access to the Site, your participation in tournament
sweepstakes, and us offering and operating the tournament sweepstakes
are legal in your applicable Jurisdiction; (iii) the e-mail
address submitted by you is owned or controlled by you; and
(iv) all information you provide is true, accurate, current
and complete. All such representations and warranties are relied
upon by us. By applying for registration, you authorize us to
make any and all enquiries as we in its sole discretion considers
necessary to verify the information provided by you. We may
require you to submit such proof of age, identity and place
of residence as it may require, at any time.
d. Continuing Duty and Affirmation.
Each time you use the Site, you represent and warrant to us
that: (i) you meet minimum age requirements (ii) your access
to the Site, your participation in free poker tournament sweepstakes,
and us offering and operating the free poker tournament sweepstakes
are legal in your applicable Jurisdiction; (iii) the e-mail
address submitted by you is owned or controlled by you; and
(iv) all information you provide is true, accurate, current
and complete. All such representations and warranties are relied
upon by us by applying for registration, you authorize us to
make any and all enquiries, as we in its sole discretion considers
necessary to verify the information provided by you. We may
require you to submit such proof of age, identity and place
of residence as it may require, at any time. We reserve the
right to suspend and/or terminate your registration and/or account
where it has grounds to suspect that any of your provided information
is untrue, inaccurate, not current or incomplete. You maintain
the responsibility to promptly update the information provided
at registration to keep it true, accurate and complete.
e. No Employees. No employee
of us or of any of its parent companies, subsidiaries or affiliates,
licensees, advertising, promotional or other agencies, software
suppliers and/or developers is permitted to register or hold
an account on the Site. Any such person found to have violated
this provision shall not be entitled to collect any winnings.
Notwithstanding the above, a company or individual that registers
with us for the sole purpose of referring traffic to us is eligible
to play and win prizes.
f. Changes to Your Account. In the event of
changes to any of your personal account details or other financial
information relevant to your account, you must inform us immediately
by sending an e-mail to us.
g. One Account Only. You may only register one account
for yourself. You hereby acknowledge and agree that
you shall not register more than one account, for yourself.
If it is determined that you have registered more than one account,
then you acknowledge and agree that you shall not be eligible
to win any prizes and you may be excluded from play.
a. No
Transfer. Your account is not transferable. Under no
circumstances, shall you allow or permit any other person or
third party or any person under the age of eighteen (18), to
use or re-use your account in such a way that may breach the
standards or laws in any Jurisdiction where you are located
and/or are a resident, or where such other person is located
and/or is a resident. Any person found to have violated this
section will not be entitled to collect any prizes or winnings
and may be reported to the relevant authorities.
b. You Are Responsible. You agree to be solely
responsible for all use of the site through the use of any of
your account ID and passwords and you agree to indemnify and
hold us harmless, along with its parent company, affiliates,
managers, agents and directors, for any and all claims, losses,
liability, damages and costs (including attorneys' fees and
expenses) arising from such use.
5.
No Interest
Any monies or prizes held in your account shall not
bear interest in your favor. If you win any money or prizes
from the free poker tournament sweepstakes, then you are solely
responsible for and required to make all arrangements for the
payment of any taxes due from you in your applicable Jurisdiction.
6. Prizes and Disbursement
a. Prizes.
Prizes are paid on a per-tournament basis. It is your responsibility
to check the prize matrix and become familiar with it prior
to entering each tournament. Each tournament has a registration
period and you may withdraw from any tournament within 5 minutes
of the start for any reason. All entry points will be credited
for any qualified withdrawal from a tournament. The odds of
winning any free poker tournament sweepstakes will be dependent
on the number of entries we receive.
b. Disbursement. Prior to
the disbursement of any prizes or winnings, we reserve the right
to undertake any and all enquiries and to require you to provide
such information or documentation as it deems fit to verify
your identity, the winnings and the authenticity of the request
for such winnings. If you fail to cooperate with such enquiries
and/or to provide such information or documentation, we reserve
the right to void any winnings in your account. Disbursement
shall occur only after we verify all information to its satisfaction,
and you sign and agree to a publicity release to enable us to
use your image, voice, likeness and persona to advertise the
contests and sweepstakes. Winners will be determined by winning
an elimination based poker tournament. For rules on the tournament
and poker play see the official tournament rules on the site
at the beginning of the tournament. Special Provisions
for residents living outside of the U.S. or Canada.
All prizes, including prizes shipped outside of North America,
will be sent via US Postal Service with the appropriate international
postage (where applicable). We assume no liability for non-deliverability.
All cash prizes will be paid in US funds via check or alternate
payment. In order to avoid shipping goods outside the US, we
reserve the right to ship the Approximate Retail Value of the
item via check or alternate payment as a substitute for the
merchandise prize UP TO A MAXIMUM VALUE OF $100 US. Residents
outside the US and Canada are advised to play only in cash tournaments
or tournaments offering merchandise with an ARV of less than
$100. If the location you reside in considers sites like us
legal, you are more than welcome to play and win. Please note
that all international citizens are subject to an automatic
30% tax withholding. This is in compliance with US Federal Tax
Law and is stated in our Terms & Conditions.
a. Right
To Cancel Account. We reserve the right to refuse or cancel
your registration and/or account for any reason whatsoever at
any time with or without notice to you.
b. Investigation. If your account is terminated
or suspended, We reserve the right to determine whether to declare
as void any transactions placed by you.
a. Services May Change or End.
We reserve the right, in its sole discretion, at any time
and without notice to you, to add, alter or discontinue services
offered on the Site without creating any obligation to you.
b. You Must Obey Guidelines and Rules. When
using the services on the Site, you agree that you are subject
to any guidelines, policies or contest rules applicable to
such services, which may be posted from time to time. All
such guidelines, policies or contest rules are hereby incorporated
by reference into these terms. You fully accept that all computer
instructions and responses sent over the Internet to and from
us and/or through use of software will be binding on you.
Your commercial use of the Site or any of the online contests
is strictly forbidden.
c. Cheating. You acknowledge and agree that
you shall not cheat, attempt to cheat, or otherwise interrupt
or attempt to interrupt the operations of the Site or any
particular site service or contest. If We believe in its sole
discretion that you have engaged, or attempted to engage,
in any act to cheat, use automated technology or otherwise
unfairly alter your likelihood of winning, or to otherwise
commit fraud with regard to the Site, then, in such an event,
you will forfeit all prizes or winnings to which you may otherwise
be entitled, and we reserve the right to institute civil or
file criminal proceedings against you and to report you to
the relevant regulatory authorities.
d. Behavior & Responsibility
1. You
agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Site or use any portion of the Site for
any commercial purposes.
2. You shall not register multiple accounts
or use any automated technology, including but not limited
to robots, scripts, macros, and/or programs, or engaging in
team play on any of our websites, including but not limited
to the site. You acknowledge and understand that any attempt
to participate in any service offered on our Site by means
of automatic, macro, programmed, or similar methods, or to
otherwise commit fraud with regard to any of our Sites, will
result in civil and/or criminal prosecution, termination of
your account, and forfeiture of all winnings to which you
may otherwise be entitled.
3. You shall accept and abide by the contest
rules set forth on the contest rules web page, to be amended
from time to time by us in the sole discretion of us.
4. You agree that we are not liable for any
loss caused by any unauthorized use of your credit card by
a third party in connection with any of our site or any third
party site.
5. Any attempt to defraud any of our site
through the use of credit cards or any other form of payment,
regardless of the outcome, or any failure by you to honor
charges or requests for payment will result in immediate termination
of your account, forfeiture of any winnings to which you are
otherwise entitled, and civil and/or criminal prosecution.
6. You agree that us is not, and shall not
be, responsible for any damage, loss, or injury resulting
from hacking, tampering, or other unauthorized access or use
of any of our site or your account.
7. You, as the holder of your account, are
solely responsible for all obligations and are entitled to
all benefits there-from, and may not allow any other person
to access your account, access any of our site, accept any
winnings, or participate in any services using your account
information. Your account is not transferable to any other
person. By registering and/or participating in any services
offered on our site, you agree to indemnify, defend, and hold
us harmless from or for any claims, liability, damages, and/or
costs (including attorneys' fees) arising from any use of
your account by any person.
8. You agree to never transmit data, conversation,
or any other information that may be (i) be defamatory or
offensive, (ii) slanderous, (iii) rude, (iv) infringe the
rights of any third party, (v) provide information regarding
playing contests on the Site, or (vi) deemed generally unacceptable
behavior in the sole discretion of us.
e. Computer Errors. You
acknowledge that full freedom from errors and incompleteness
is impossible to achieve with respect to computer software.
If you become aware that the software contains any error,
or is incomplete, you shall immediately notify us by e-mail.
You agree to refrain from taking any advantage whatsoever
of that error or incompleteness and we reserve the right to
recover any such advantage that you do gain from such error
or incompleteness, as well as all associated costs, damages
and expenses in making such recovery. We will not be liable
for any alleged winnings that are, in our sole discretion,
the result of a system error or malfunction.
f. Verification. Whenever
we request additional verification, proof or documentation
from you, such materials must be sent by facsimile, mail or
such other means of communication specified by us. Such materials
will become the property of us and will not be returned to
you.
a. Other Sites Are
Not Our Responsibility. This Site may link you to other
websites, which websites may contain information or material
that some people may find objectionable. These other websites
are not under the direct control of us and you acknowledge that
we are not responsible for the accuracy, copyright compliance,
legality, decency or any other aspect of the content of such
websites. You further acknowledge and agree that we shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such third party content, goods or
services available on or through any such website.
b. Future Marketing. You hereby acknowledge
and agree that we and/or its affiliate/sponsor partners may
market products and services to you in the future.
a. Intellectual Property.
You acknowledge and agree that all content and materials
available on this Site are protected by copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights
and laws. Designated trademarks, service marks and brands are
the property of their respective owners. Reproduction, copying,
or redistribution for commercial purposes of any materials or
design elements on this Site is strictly prohibited without
the express written permission of us. Except as expressly authorized
by us, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from such materials
or content. Notwithstanding the above, you may print or download
one copy of the materials or content on this Site on any single
computer at any given time for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary
notices. Use of the content or materials for any purpose not
expressly permitted in these terms is strictly prohibited.
b. License. We grant you a personal, non-transferable
and non-exclusive right and license to use any necessary software
used in connection with its services on any single computer
at any given time, provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of,
reverse engineer, decompile, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the
software. You agree not to modify the software in any manner
or form, or to use modified versions of the software, including,
without limitation, for the purpose of obtaining unauthorized
access to the Site. You agree not to access the Site by any
means other than through the interface that is provided by us
for use in accessing the Site.
a. Our site
is not open to anyone under the age eighteen
b. Our site privacy policy is set forth here.
You hereby agree to the terms of this policy and acknowledge
that such terms and policies may be changed without specific
notice to you.
a. YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
b. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS")
ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, US, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT
WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT;
THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED
OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.
Limitation of Liability
IN NO EVENT SHALL US, ITS SUBSIDIARIES, OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF,
OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS
TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES
WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING
FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE
OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF US HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
14. Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE
OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL
OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE
YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
15. Indemnity
You agree to defend, indemnify and hold harmless
us and its parent, subsidiaries, agents, managers, and other
affiliated companies, and their employees, contractors, agents,
officers and directors, from all liabilities, actions, claims
and expenses, including legal fees, asserted by any third party,
governmental body or governmental agency, arising out of or
relating to: (a) this agreement; (b) your use of the Site, including
any data or work transmitted or received by you or any service
provider; (c) your connection to any of our site; (d) your violation
of this agreement; (e) your violation of any gaming regulations,
edicts or laws to which the you are subject; or (f) your violation
of any rights of a third party or service provider.
16. Right
To Cancel Contest
a. If us,
its parents, affiliates, managers, or directors determines that
operating the free poker tournament sweepstakes is not feasible
for any reason, including, but not limited to, a change in the
risk of operating the contests, or insufficient participation
in the contests, then the free poker tournament sweepstakes
may be ended by us and we shall owe you nothing. Us, its parents,
affiliates, managers, or directors, may in their sole and absolute
discretion have a drawing for any prizes in the event that the
free poker tournament sweepstakes is cancelled.
a. Incorporation.
You agree that this agreement and all incorporated agreements
may be automatically assigned by us, in its sole discretion,
to a third party in the event of a merger or acquisition.
b. No Waiver. If we fail to act with respect
to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches. If we fail to
enforce in one or more instances any of these terms shall not
be construed as a waiver of the future performance of any term.
c. Time Limitations. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to this agreement or use of
the Service must be filed within one (1) year after such claim
or cause of action arises or be forever barred.
d. Choice of Law and Forum. These terms shall
be governed by and construed in accordance with the laws of
Massachusetts, excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action
arising out of or relating to these terms, the free poker tournament
sweepstakes or your use of this Site shall be resolved in accordance
with the dispute resolution terms set forth in Section 17.g
of these terms.
e. Dispute Resolution. You and us agree that
any Dispute between you and us will be resolved exclusively
and finally by arbitration administered by the National Arbitration
Forum ("NAF") and conducted under its rules, except
as otherwise provided below. You and us will agree on another
arbitration forum if NAF ceases operations. The arbitration
will be conducted before a single arbitrator, and will be limited
solely to the Dispute between you and us. The arbitration, or
any portion of it, will not be consolidated with any other arbitration
and will not be conducted on a class-wide or class action basis.
The arbitration shall be held at a reasonable location in Boston,
MA. If you prevail in the arbitration of any Dispute with us,
we will reimburse you for any fees you paid to NAF in connection
with the arbitration. Any decision rendered in such arbitration
proceedings will be final and binding on the parties, and judgment
may be entered thereon in any court of competent jurisdiction.
Should either party bring a Dispute in a forum other than NAF,
the arbitrator may award the other party its reasonable costs
and expenses, including attorneys' fees, incurred in staying
or dismissing such other proceedings or in otherwise enforcing
compliance with this dispute resolution provision. You understand
that, in the absence of this provision, you would have had a
right to litigate disputes through a court, including the right
to litigate claims on a class-wide or class action basis, and
that you have expressly and knowingly waived those rights and
agreed to resolve any Disputes through binding arbitration in
accordance with the provisions of this paragraph. This arbitration
provision shall be governed by the Federal Arbitration Act,
9 U.S.C. Section 1, et seq. For the purposes of this provision,
the term "Dispute" means any dispute, controversy,
or claim arising out of or relating to (i) this agreement, its
interpretation, or the breach, termination, applicability or
validity thereof, (ii) the related order for, purchase, delivery,
receipt or use of any product or service from us, or iii) any
other dispute arising out of or relating to the relationship
between you and us; the term "US" means us and their
parents, subsidiaries, affiliates, directors, officers, employees,
beneficiaries, agents, assigns, component suppliers (both hardware
and software), and/or any third party who provides products
or services purchased from or distributed by us.
By accessing this website, you represent
that you have read this agreement in its entirety, understand
its terms, are duly authorized to execute this agreement on
behalf of yourself, and you will be bound by these terms.
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