TERMS & CONDITIONS
Last Updated: June 24th, 2013
SECTION ONE – GENERAL INFORMATION
1.1 Terms and Conditions
Participating in any game, contest, sweepstakes or skill based tournament offered by Playsino, Inc’s games, websites 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 Skill Based Tournament Play
The instructions, along with any other game-specific relevant information for each tournament game offered are available by accessing the relevant pages and menus on the Service.
2.2 Eligibility
To participate in the Service, you must be a natural person, at least 13 years old (Please note, however that participants under the age of majority in their jurisdiction 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, contest or sweepstakes).
Additionally, users within the United States must:
a) be a U.S. citizen or resident alien with a U.S. address, however, due to restrictions in some states’ laws, skill based tournament participants who reside in or access the Service from certain states are not eligible to claim prizes. These states are:
Maryland, North Dakota and Vermont
b) be physically located within the U.S.; and
b) be physically located in a U.S. state in which participation in the Service is unrestricted by law.
All other users must:
a) be physically located and have an address in a legal jurisdiction in which participation in the tournaments offered on the Service is unrestricted by law.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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 contests, sweepstakes or 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 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. 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 email 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 the Service, you may be required to submit an alias that will be your user name or opt-in with your email address. The Service reserves the right, in its sole discretion, to change, suspend and/or terminate offensive aliases. By participating in the Service, you agree that the Service may display your user name and game play 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. Playsino, Inc. may utilize email messages to notify you when you win prizes, and to let you know of special promotions, events and policy changes. 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. Playsino, 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 games 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 website 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, messaging 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, loss of all virtual currency in your account and blocking of Service access. Additionally, all prize winnings (if any) of persons determined by the Service 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 and virtual currency to which you are otherwise entitled.
Any attempt to participate in any contest, sweepstakes or 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 and virtual currency 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 – SKILL BASED TOURNAMENT DETAILS
3.1 Skill
Only Prizes are offered for skillful participation in games and tournaments in the Service. All games in a skill based tournament use an all-skill methodology to ensure that prizes are awarded to players based on individual players’ skill and not on chance events.
3.2 Game Rules
Rules and instructions for each specific tournament offered on the Service can be found in the section or menu of each 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 on the Service 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 may be posted on the Service’s website 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 the Service prior to entry into the tournament.
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 tournaments, contestants playing a particular match are ranked by the highest score achieved during that match. Tournament tiebreakers are determined by the highest average match score, followed by the least number of matches played.
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 FOB 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 manufacturers 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:
Tournament information, age, email address, first name, last name, mailing address, phone number and 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.
Any single individual residing in the United States winning more than $600.00 US in a calendar year, will be required to provide the Service with their social security number for applicable income tax filings.
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.
4.9 Prize Winner Release Form
I agree that Playsino, Inc. has my permission to use my name, photograph, image and likeness in all forms of media. I understand that Playsino, Inc. may use photographs or images of me for marketing purposes, including on websites owned by it or third parties.
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 COMPUTER OR OTHER DEVICE, 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 COMPUTER 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 websites 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 websites. The Service is not responsible for and does not endorse or warrant in any way any privacy or other practices of such websites or any materials, information, goods or services available through such linked websites. If you decide to access any of the linked websites, 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 Relationship to Facebook
The Service is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing information to Playsino, Inc. and not to Facebook. The information you provide will only be used to administer this Service.
6. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to Playsino’s Designated Agent listed below. For your notice to be effective, it must include the following information:
– A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
– A description of the copyrighted work that you claim has been infringed upon;
– A description of where the material that you claim is infringing is located in this game;
– Information reasonably sufficient to permit Playsino to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
– A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Playsino’s Designated Agent is:
Playsino, Inc.
Attn: Dan Burnham
Strategic Law Partners, Inc.
500 S. Grand, Suite 2050
Los Angeles CA 90071
Entire Agreement
These Terms are the entire and exclusive agreement between the Service, and these Terms supersede and replace any prior agreements regarding the foregoing.
The tournaments offered on the Service are sponsored by Playsino, Inc., 1351 Fourth Street, 4th Floor, Santa Monica, CA 90401. E-mail: hello$@playsino.com
© Playsino, Inc. 2010-12, All Rights Reserved.