Terms and Conditions
SECTIONONE - Preamble
1.1 Terms and Conditions Binding
Registering for an account and/or participating in any tournament offered on SkillAddiction.com signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. SkillAddiction.com may modify these Terms and Conditions at any time. Your continued use of SkillAddiction.com following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.
These Terms and Conditions constitute the entire agreement between you and SkillAddiction pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the state of Pennsylvania, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any tournament offered on SkillAddiction.com, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the stator federal courts located in the state of Pennsylvania, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on SkillAddiction.com, constitute the entire agreement between you and SkillAddiction.com and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with SkillAddiction.com. Nothing in this subsection will prevent SkillAddiction.com from modifying the terms of these Terms and Conditions and posting such modifications on SkillAddiction.com.
1.4 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 and enforceability of the remaining provisions.
SECTIONTWO - CONDITIONS AND OBLIGATIONS
2.1a Eligibility (United States)
To open an account and/or participate in any tournament offered on SkillAddiction.com, you must:
a) be a natural person, at least 18years old, who is assigned to the e-mail address submitted on your account registration form;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within thus.;
d) be physically located in a U.S. state in which participation in the tournament you select on SkillAddiction.com is unrestricted by law; and
e) at all times abide by these Terms and Conditions.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, SkillAddiction.com DOES NOT offer games requiring a cash entry fee("Cash Competitions") to residents of the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee, Vermont, and Wisconsin. Additionally, SkillAddiction.com DOES NOT offer card game Cash Competitions if you access SkillAddiction.com from Indiana or Maine. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament offered on SkillAddiction.com while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated. Additionally, all winnings (if any) may be voided at the sole discretion of SkillAddiction.com.
2.1b Eligibility (Non-U.S.)
To open an account and/or participate in any tournament offered on SkillAddiction.com, you must be natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED ORRESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on SkillAddiction.com: employees, officers, and directors(and their immediate family members) of SkillAddiction.com, its parent companies, subsidiaries, and affiliates; and any other person with access ton on-public information regarding the operation of any tournament offered on SkillAddiction.com.For purposes of this section, immediate family members include parents,siblings, spouses, children, or any other person permanently residing in thesame household with such employee, officer, or director.
2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which youreside and from which you access SkillAddiction.com and are solely responsiblefor obeying those laws. You agree SkillAddiction.com cannot be held liable iflaws applicable to you restrict or prohibit your participation. SkillAddiction.com makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on SkillAddiction.com nor shall any person affiliated, or claiming affiliation, with SkillAddiction.com have authority to make any such representations or warranties.
SkillAddiction.com reserves the right to monitor the location from which you access SkillAddiction.com and to block access from any jurisdiction other than the U.S., or any U.S. jurisdiction in which participation is illegal or restricted. SkillAddiction.com may require any participant receiving any prize to provide SkillAddiction.com with proof that he or she is eligible to participate according to Sections 2.1and 2.2 above.
It is the policy of SkillAddiction.com ,in compliance with United States Internal Revenue Service regulations, to sedan IRS Form 1099 or other appropriate form to any person who wins in excess of$600 (USD) on SkillAddiction.com in any given year. Depending on the jurisdiction in which you reside, SkillAddiction.com may also send you additional similar tax forms. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament offered onSkillAddiction.com, you acknowledge that all information contained on SkillAddiction.com may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by SkillAddiction.com. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. SkillAddiction.com neither warrants nor represents that your use of materials displayed on SkillAddiction.com will not infringe rights of third parties. While SkillAddiction.com uses reasonable efforts to include accurate and up-to-date information, SkillAddiction.com makes no warranties or representations as to its accuracy. SkillAddiction.com assumes no liability or responsibility for any errors or omissions in the content of SkillAddiction.com.
Any communication or material you transmit to SkillAddiction.com by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, on-confidential and non-proprietary. Anything you transmit or post may be used by SkillAddiction.com or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, SkillAddiction.com is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site 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 SkillAddiction.com, including the names of all games and puzzles, are registered and unregistered Trademarks of SkillAddiction.com and/or others. Nothing contained on SkillAddiction.com should be construed as granting, by implication, estoppels or otherwise, any licenser right to use any Trademark displayed on SkillAddiction.com without the written permission of SkillAddiction.com or such third party that owns the Trademark displayed on SkillAddiction.com. Your misuse of any Trademark displayed on SkillAddiction.com, or any other content on SkillAddiction.com, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that SkillAddiction.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
2.5Promotional Activities
By registering for an account, you agree that SkillAddiction.com may display your username and tournament records. By accepting any prize from SkillAddiction.com, you agree to allow SkillAddiction.com to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.
2.6 Submissions
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to SkillAddiction.com, such submissions shall become, and shall remain, the sole property of SkillAddiction.com. No submission shall be subject to any obligation of confidence on the part of SkillAddiction.com.SkillAddiction.com shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.
2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. SkillAddiction.com reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. You may choose to play games on SkillAddiction.com without ever depositing money into your account (a "Non-Cash Player"). Upon establishing a positive Site account balance for entry fee tournaments, you are required to submit the following information: full name, permanent residential address, phone number and credit card or other payment information (becoming a "Cash Player"). In addition, if your total winnings on SkillAddiction.com in any given year reach $600, SkillAddiction.com will request that you submit your social security number in order to send you an IRS Form 1099, or other appropriate form, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in SkillAddiction.com's inability to credit your account for any winnings in excess of $600. Each day you wish to participate in a Cash Competition, you need to confirm the location from which you are playing.
2.8 Accuracy of Information
You represent and warrant that all information you supply to SkillAddiction.com is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled.
2.9 Privacy Policy
SkillAddiction.com will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by SkillAddiction.com from cookies, and information regarding your IP address) to third parties without your consent except where SkillAddiction.com, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of SkillAddiction.com or to enforce these Terms and Conditions or other rules of SkillAddiction.com. Your acceptance of any prize from SkillAddiction.com constitutes consent for SkillAddiction.com's disclosure of personal information as described in Section 2.5. SkillAddiction.com reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. SkillAddiction utilizes-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of SkillAddiction e-mails: You have the choice toot-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences under the My Account section of the website.
2.10 Recommended System Configuration
The tournaments offered on SkillAddiction.com will function best if your computer system meets the following requirements: See the Technical Support section of the FAQ.
2.11Chat, Message Board, and eMessage Policy
Rules of Conduct:
• SkillAddiction.com reserves the right to temporarily or permanently ban users who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas.
• SkillAddiction.com reserves the right to remove any posts for any reason.
• You must be at least 18 years old to participate in any part on SkillAddiction.com.
• Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
• Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.
• Site usernames will be displayed as 'Your Name'; impersonating other players is not allowed.
• Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
• Please limit posting on message boards or SkillAddiction.com to the subject of SkillAddiction.com's games.
• Advertising or promotion of other companies or URLs is not allowed.
• Please limit posting to the subject of SkillAddiction.com's games, message board or site.
• Do not share personal information (your name, phone number, home address, password) with others on SkillAddiction.com.
• No advertising of any kind is allowed in messages.
• No patented, copyrighted or trademarked materials are allowed in messages.
• Information disclosed in SkillAddiction.com chat rooms, message boards, or via eMessages becomes property of SkillAddiction.com and is revealed to the public. SkillAddiction.com is not responsible for any information you choose to disclose to others.
• Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
2.12Anti-Spam Policy
SkillAddiction.com is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam "are validated by SkillAddiction.com, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of SkillAddiction.com. Additionally, any winnings (if any) may be voided at the sole discretion of SkillAddiction.com.SkillAddiction.com defines "Spam" as:
• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
• Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);
SkillAddiction.com may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
• Account Suspension: Upon the receipt of a credible and validated complaint, SkillAddiction.com may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. SkillAddiction.com will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. SkillAddiction.com reserves the right to lift the suspension of a user at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, SkillAddiction.com may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings.
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: abuse@SkillAddiction.com Please refer responsibly!
2.13 Limitations on Participation
You may establish only one account per person, and only up to two accounts per computer or address, to participate in the activities offered on SkillAddiction.com.SkillAddiction.com reserves the right to monitor any effort to establish multiple accounts; in the event SkillAddiction.com discovers that you have opened more than one account per person or more than two accounts per computer or address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and SkillAddiction may void any associated winnings. SkillAddiction.com also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
SkillAddiction.com may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on SkillAddiction.com. SkillAddiction.com may also impose limitations on the net dollar amount you may lose on SkillAddiction.com in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on SkillAddiction.com will be restricted until the beginning of the next calendar month. SkillAddiction.com reserves the right to change these dollar amount limitations at any time. SkillAddiction.com reserves the right to set expiration dates or other limits on all Game Credits. SkillAddiction.com reserves the right to expire the Game Credits balance of any dormant account. Game Credits is defined as any credit deposited by SkillAddiction into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits, prize credits, and gift credits. A dormant account shall be defined as any account that has been inactive for greater than 180 days.
2.14 Abuse
Anyone who displays behavior which may be interpreted as the use of unfair methods on SkillAddiction.com, including but not limited to, the opening and/rouse of multiple accounts, 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"), the deliberate transfer of money between accounts (i.e. "money laundering"),harassment of other participants, posting of objectionable material, any breach of these Terms and Conditions, or any breach of the security of your account orSkillAddiction.com (collectively, "Abuse"), shall be subject to immediate sanction (as determined by SkillAddiction.com in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be voided at the sole discretion of SkillAddiction.com.
2.15 Account Maintenance Fee
An inactive Cash Player account is any account in which the user has not logged in or played any games (money or free) in six consecutive months. For any inactive Cash Player account that is inactive, SkillAddiction.com reserves the right to assess a maintenance fee of $1.00 per month. On the fifth month of inactivity SkillAddiction.com will notify account owners of their inactivity and the scheduled maintenance fee via email.
2.16 Withdrawal Requests
Users may request a withdrawal of funds from their available account balance at any time. Processing of requested funds back to a credit card or PayPal account may take up to 5 business days.
Users are required to actively claim any check produced by a request for withdrawal of funds from their account. SkillAddiction.com reserves the right to assess a check request processing fee of $1.00 for any check request less than $10.00. Users may combine several checks that are less than $10.00 to produce a check greater than $10.00 for purposes of waiving the$1.00 check processing fee. Check requests are systematically processed by SkillAddiction.com's accounting department approximately twice per month, with checks generally mailed on the 5th and 20th of each month (or the next business day following those dates, if the 5th or 20th fall on a weekend or holiday), provided the withdrawal request was made with a reasonable amount of notice (with the check being deferred until the next processing cycle if sufficient notice was not given).
Please note that any such checks not claimed within thirty (30) days from the date of the check will become void and the amount of the check will then be re-deposited back to your account on SkillAddiction.com.
2.17 Account Deactivation for Non-Cash Players
An inactive Non-Cash Player account is any account in which the user has not logged in or played any games in six consecutive months. For any inactive on-Cash Player account that is inactive, SkillAddiction.com reserves the right to deactivate the account. If your account is deactivated in this manner, you may be contacted by SkillAddiction.com to encourage you to revisit SkillAddiction.com. If you visit SkillAddiction.com after your account is deactivated, you may be required to open a new account in order to play games on SkillAddiction.com.
SECTIONTHREE - DISCLOSURES
3.1 Odds and Prizes
The results of all tournaments offered on SkillAddiction.com depend on the number of the players participating in such tournaments and the skill of the players in such tournaments; precise odds of winning are therefore unavailable.
Prizes are generally cash amounts, which are deposited directly into winners' accounts. The cash value of prizes offered in Limited Entry tournaments will be disclosed at the beginning of such tournaments. If a Limited Entry tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will still be paid. Except where otherwise noted, in all tournaments with actual cash entry fees, SkillAddiction.com retains a predetermined portion of the aggregate total as a management fee.
Please note that in certain circumstances where a player's account is closed by SkillAddiction.com for violation of these Terms and Conditions, that player's winnings may be voided and not returned to that player.
3.2 Winners Lists
Lists of winners will be posted on SkillAddiction.com immediately following each tournament, except in the case of tournaments with substantial (as determined by SkillAddiction.com in its sole discretion) prizes, where lists may be delayed for up to five business days while verification of the results takes place in order to help prevent potential abuse.
3.3 Determination of Winners
The results and winners of each tournament offered on SkillAddiction.com will be determined by SkillAddiction.com, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.
3.4 Game Rules
Rules for each specific tournament offered on SkillAddiction.com can be found by clicking on the following link:
SECTIONFOUR - LIMITATION OF LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OFFERED ONSKILLADDICTION.COM, YOU AGREE THAT SKILLADDICTION.COM IS NOT RESPONSIBLE FORANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE ORACCESS OF SKILLADDICTION.COM. YOU FURTHER AGREE THAT SKILLADDICTION.COM IS NOTLIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATIONFROM SKILLADDICTION.COM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUAGREE THAT SKILLADDICTION.COM IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONALCOMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL ORINCIDENTAL DAMAGES ARISING FROM USE OF SKILLADDICTION.COM.
SkillAddiction.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in SkillAddiction.com or your downloading of any materials, data, text, images, video or audio from SkillAddiction.com.
In case of a malfunction or disruption of service for which SkillAddiction.com is responsible that prevents you from completing a tournament in which you have begun to participate, SkillAddiction.com will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament entry only. SkillAddiction.com reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. SkillAddiction.com also reserves the right to limit your tournament play or terminate your account should SkillAddiction.com determine, in its sole discretion, that you have intentionally caused such malfunction or disruption. SkillAddiction.com is not liable for any potential winnings from any unfinished tournament.
4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON SKILLADDICTION.COM ARE PROVIDED "ASIS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMINGAFFILIATION, WITH SKILLADDICTION.COM HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Credit Card Use
You agree that SkillAddiction.com is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with SkillAddiction.com.
Any attempt to defraud SkillAddiction.com through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.
4.4 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament offered onSkillAddiction.com, you agree that SkillAddiction.com is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of SkillAddiction.com or your account.
Any attempt to gain unauthorized access to SkillAddiction.com's systems or any account, interfere with procedures or performance of SkillAddiction.com, or deliberately damage or undermine SkillAddiction.com 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 SkillAddiction.com by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to SkillAddiction.com, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
4.5 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these Terms and Conditions, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access SkillAddiction.com, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on SkillAddiction.com, you agree to indemnify, defend, and hold SkillAddiction.com harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
4.6Account Termination
SkillAddiction.com reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or tournament type (e.g. Progressive Tournament), or modify your skill rank for any reason, including but not limited to any Abuse (see Section 2.14) by you.
By registering for an account and/or participating in any tournament offered on SkillAddiction.com, you consent to allow SkillAddiction.com to access your account information to investigate complaints or other allegations of abuse.
If applicable, all charged monies(deposits), less entry fees and withdrawals, will be returned to the player. All winnings (if any) may be voided at the sole discretion of SkillAddiction.com.
SECTION FIVE - MERCHANDISE PRIZES
5.1 General Disclaimer
Terms and Conditions for tournaments with merchandise prizes are the same as those for tournaments with Cash Competitions ("Cash Prize Tournaments"), with the following exceptions:
5.2 Substitution
Players may request from SkillAddiction.com an offer of cash payment in lieu of any prize won, although SkillAddiction.com is under no obligation to grant such request. If SkillAddiction.com elects, in its sole discretion, to offer a cash payment in lieu of any prize won, SkillAddiction.com reserves the right to determine the exact amount of the cash offer, even if such cash offer may be less than the value of the prize. The player may then elect to accept SkillAddiction.com's cash offer, accept the original prize, or decline both and take nothing. SkillAddiction.com also reserves the right to credit the account of a merchandise prize winner with cash (the amount of which is in SkillAddiction.com's sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than 30 days.
If a prize has become suddenly unavailable, if the player is outside the continental U.S. or if there are other difficulties in shipping, SkillAddiction.com has the right, in its sole discretion, to substitute freely the cash equivalent (determined by SkillAddiction.com's estimated cost to obtain the merchandise prize, and not the manufacturer's suggested retail price or any other price) for any merchandise prize. Players cannot return or exchange prizes that have already been sent for game or cash credits.
For all merchandise tournaments, a minimum number of user entries is required in order for the described prize to be awarded to the tournament winner. If the number of user entries falls below this minimum, the prize will be a cash amount determined in Skill Addiction's sole discretion.
5.3Ties
In the event of a tie in any Cash Prize Tournament, the prize is divided equally. However, since no one has much use for half a camcorder or half a diamond ring, in the event of a tie in a merchandise prize tournament, the player who posted the tying score first will be considered to have finished ahead of the other tying player(s). For example, if user X and user Y tie for1st place with a score of 1500, and user X finished his/her game at 2:00pm, and user Y finished his/her game at 3:00pm, user X would win the 1st place prize, and user Y would win the 2nd place prize (if any).
5.4 Taxes
As with our Cash Prize Tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer's Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize. The value of the prize will be posted to your account as winnings, and will be deducted from your account as a withdrawal (corresponding to timing of the shipping of the merchandise). Thus, there will be no change in the dollar value of your account, but your year-to-date winnings will increase.
5.5 Delivery Time
Unless otherwise specified, merchandise will ship within 14 days of the date the prize is claimed by the winning player. All goods are shipped F.O.B. Origin, and accordingly SkillAddiction.com takes no responsibility for any damage incurred during shipping. Costs of shipping are borne by the user, and will be deducted directly from the user's account. In certain specifically disclosed merchandise tournaments, SkillAddiction.com may choose to bear the cost of shipping within the continental U.S., although SkillAddiction.com is under no obligation to do so.
5.6 Warranties
In the case of merchandise covered by a manufacturer's warranty, the manufacturer and not SkillAddiction.com 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 "asis", and SkillAddiction.com is not responsible for any defects, use or misuse or repairs. SkillAddiction.com makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
5.7 Travel Prizes
Prizes involving travel and tourism will require you to depart from a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including, but not limited to, the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. SkillAddiction.com is not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor is SkillAddiction.com responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.
5.8 Other Prizes
For prizes requiring local, state or federal licensing or approval (e.g. a driver's license for an automobile), players must provide evidence of such licensing or approval and any other reasonably related information within one week of the initial request for such information, or the prize may be voided.
5.9 Limitations
Players will be limited to the number of merchandise prizes they may win to a 45 day grace period. Players who win a merchandise prize within this grace period may have their entry costs refunded and/or a cash prize awarded to them at SkillAddiction's sole discretion.
SECTION SIX - SKILLADDICTION TOKENS PROGRAM
6.0 Overview of the SkillAddiction Tokens Program
The SkillAddiction Tokens Program (the "Tokens Program") is a loyalty program sponsored by SkillAddiction.com, through which individuals who have deposited cash into their SkillAddiction accounts ("Cash Players")can earn skill tokens ("Skill Tokens") when individuals perform various tasks, specified below.
Cash Players may redeem their Skill Tokens for rewards available at the website of Skill Addiction's Partners in the Tokens Program, specified below ("Partners").
6.1 Eligibility
The Tokens Program is void where prohibited by law. Individuals eighteen (18) years and older may participate. The Tokens Program is open only to legal residents of the 50 United States except for residents from Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont may not participate in the Tokens Program. Residents residing outside of the United States are eligible to participate subject to the limitation set forth in Section 6.6 below.
Employees of SkillAddiction and its respective related companies, agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate.
Participation in the Tokens Program signifies the participant's full and unconditional agreement to these Terms and Conditions.
6.2 Duration of Program
SkillAddiction reserves the right to shorten, extend, modify, or cancel the Tokens Program, at its discretion, at any time.
6.3 Enrolling in the Program
Individuals may enroll in the Tokens Program at http://www.SkillAddiction.com (the "Website"). Each Cash Player will have an account, which indicates the number of Skill Tokens earned by such Cash Player("Account").
6.4 Earning Skill Tokens
Skill Tokens may be earned for a number of activities. These activities may include, but are not limited to: Becoming a Cash Player, entering tournaments, making deposits, playing a certain number of games in a week, and/or participating in special events. SkillAddiction reserves the right to modify the Skill Tokens award schedule at any time without prior notice.
SkillAddiction reserves the right to change, add, or remove the methods by which Cash Players can earn Skill Tokens. Cash Players are responsible for the payment of all local, state and federal taxes, which may result from the reward(s) received as part of the Tokens Program.
SkillAddiction reserves the right to validate any potential Skill Tokens and it will be subject to verification by a judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Skill Tokens will not be awarded until after the verification process is complete. Validation and potential Skill Tokens are subject to verification and are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels or (b) any part is counterfeit, altered, defective, tampered with or irregular in anyway. The corresponding number of Skill Tokens will generally appear in the appropriate Cash Player's Current Account within 5 business days after completion of the validation process, however, SkillAddiction reserves the right in its sole discretion to award Skill Tokens later than five business days if additional time is needed for any reason.
Each Cash Player is responsible for ensuring the accuracy of his/her Account. Cash Players are encouraged to check their Accounts to ensure that the correct number of Skill Tokens have been accrued to his/her Account.
If a Cash Player believes that Skill Tokens were not properly accrued to his/her Account, the Cash Player must notify SkillAddiction.
Skill Addiction's decisions regarding the awarding of Skill Tokens are final and binding. Actions by enrollees that are determined to be invalid or improperly obtained for any reason are subject to disqualification and the corresponding Skill Tokens will be removed from the Cash Player's Account to which the invalid Validated Purchases were credited.
Individuals may earn Skill Tokens in the manner set forth above until SkillAddiction decides to end the Tokens Programming its sole discretion. SkillAddiction will send notice to Cash Players notifying them when the Tokens Program is going to end (the "Earning Period"). Please note you will have at least thirty (30) days from the Earning Period to redeem your Skill Tokens.
6.5 Expiration of Skill Tokens
SkillAddiction reserves the right to void all Skill Tokens for any Cash Player that has been inactive for six consecutive months. An inactive account is any account in which the Cash Player has not logged in or played any games (money or free) in six consecutive months.
6.6 Redeeming Skill Tokens
Cash Players may only redeem skill tokens if they are a Member at SkillAddiction. Eligible Cash Players residing in the United States may redeem their Skill Tokens for redemption partner rewards that can be used to purchase merchandise on participating Partner websites ("Redemption Partner Rewards").Eligible Point Players residing outside of the United States may only redeem their Skill Tokens for SkillAddiction Game Credits. Players residing outside of the United States will be ineligible from redeeming Skill Tokens to purchase merchandise on participating Partner websites. Cash Players must comply with all terms, conditions, and restrictions applicable to each Partner website. Each level of Skill Tokens will be associated with a Partner Redemption Level for which a Cash Player can redeem his/her Skill Tokens. Conversion rates between Skill Tokens and Redemption Partner Rewards vary per Partner and participating Partner websites may change from time to time at the discretion of SkillAddiction and/or any Partner website. Cash Players must comply with all terms and conditions of the Partner websites, including any shipping restrictions.
SkillAddiction reserves the right to modify the Redemption Partner Reward levels at any time during the program.
Cash Players who redeem their Skill Tokens will receive a one-time Redemption Partner Reward Code to apply against their orders at a selected Partner's website, physical gift certificate or merchandise. Cash Players are responsible for the management of the Redemption Partner Reward Codes once they have been issued. SkillAddiction is not responsible for lost, missing, or expired Redemption Partner Reward Codes. Shipping, handling and sales tax are charged separately and are the responsibility of the Cash Players. SkillAddiction is not responsible for merchandise shipped to Cash Players by Partners.
In instances in which items available through a Partner's website cost more than a Cash Player's Partner Reward, the Cash Player will be responsible for the difference in amount.
Any Skill Tokens remaining in a Cash Player's Account at the end of the Redemption Period will be forfeited without compensation. The Skill Tokens have no cash value and are only redeemable for offered rewards via the Redemption Partners associated with the Program.
Skill Tokens that are converted to Redemption Partner Reward Codes cannot be re-converted into Skill Tokens. However, if for any reason Partner Redemption Reward Codes cannot be fulfilled, SkillAddiction, in its sole discretion, reserves the right to credit the corresponding number of Skill Tokens to the Cash Player's Account.
6.7 Modifications and Termination of the Program
SkillAddiction reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to, the Partners in the Program, the duration of the Earning Period, the duration of the Redemption Period, the amount of Skill Tokens associated with each action of the SkillAddiction Enrollee, the actions through which Cash Players may earn Skill Tokens, the number of Skill Tokens that may be redeemed through the Tokens Program, and any of the options made available to Cash Players with respect to their Accounts at any time, with or without notice, even though these changes may affect a Cash Player's ability to accrue or use his/her Skill Tokens.
SkillAddiction reserves the right to terminate the Tokens Program at any time, for any reason, with or without notice, even though termination may affect a Cash Player's ability to accrue rouse his/her Skill Tokens. Cash Players will have 30 days from date Program termination is announced to redeem their Skill Tokens.
A Cash Player's continued participation in the Tokens Program constitutes the Cash Player's acceptance of any changes to these Terms and Conditions. Cash Players are responsible for remaining knowledgeable as to any changes that SkillAddiction may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at http://www.SkillAddiction.com and will supersede all previous versions of these Terms and Conditions.
6.8 General Terms and Conditions
SkillAddiction reserves the right to discontinue the participation privileges of any Cash Player who engages in any fraudulent activity or uses the Programming a manner inconsistent with these Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated Skill Tokens and benefits. In addition to discontinuance of participation privileges, SkillAddiction shall have the right to take or seek appropriate administrative and/or legal action, including civil litigation and/or criminal prosecution, as it deems necessary in its sole discretion.
The Tokens Program is provided to individuals only. Corporations, associations or other groups may not participate in the Tokens Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Skill Tokens for combined use.
Skill Tokens do not constitute property of a Cash Player and may be revoked by SkillAddiction at any time as set forth herein. Skill Tokens may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
SkillAddiction is not responsible for any incorrect or inaccurate information supplied by Cash Players while participating in the Tokens Program.
All questions or disputes regarding eligibility for the Tokens Program, earning or redemption of Skill Tokens, or abash Player's compliance with these Terms and Conditions will be resolved by SkillAddiction in its sole discretion.
6.9 Limitation of Liability
By participating in the Program, the Cash Player acknowledges that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. SkillAddiction is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Tokens Program or utilized by the Cash Player, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,SHALL SKILLADDICTION OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, OR SERVICEPROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF THE TOKENS PROGRAM OR MERCHANDISE OFFEREDTHROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIRAUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. IF SKILLADDICTION IMPROPERLY DENIES A CASH PLAYER ANY SKILL TOKENS,LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF SKILL TOKENS. BYPARTICIPATING IN THE TOKENS PROGRAM, A CASH PLAYER WAIVES ANY AND ALL RIGHTS TOBRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1)YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OROMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. None of SkillAddiction, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, or service providers, are responsible for any products or services offered on the Partner websites. TO THE FULLEST EXTENT ALLOWABLE BYLAW, SKILLADDICTION AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIMS ANYREPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTSAND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTYOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIESARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Tokens Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program.
As a condition of participating in this Program, Cash Player agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Tokens Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Schuylkill County, Pennsylvania; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Tokens Program, but in no event attorneys' fees; and (3) under no circumstances will Cash Player be permitted to seek recovery for, and Cash Player hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Cash Player and SkillAddiction in connection with the Tokens Program, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Pennsylvania, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
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