1. General Information (Between 05/01/2008 and 05/31/2008)
1.1 Binding Terms and Conditions
The taking part or involvement in any competition confirms your agreement to, and acknowledgement to be bound by Test of Skill’s Terms and Conditions. You further acknowledge your responsibility to regularly review this agreement for future changes, as these terms and conditions are subject to change.
1.2 Governing Law and Disputes
These Terms and Conditions are governed by the laws of the State of Massachusetts and are subject to interpretation according to laws of the State of Massachusetts. By taking part or involvement in a Test of Skill competition, you acknowledge that any disagreement or conflict will be resolved individually that cannot be resolved by the parties. You also agree that the State of Massachusetts will be the sole jurisdiction for resolving any dispute and in addition you agree that your dispute will not result in any form of class action.
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you in anyway, shape or form. Test of Skill at its sole discretion has the authority to amend or change these Terms and Conditions.
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.
2.CONDITIONS AND OBLIGATIONS
2.1a Eligibility ( United States)
To participate in any competition offered on the Site, you must:
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your entry;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
2.1b Eligibility (Non-U.S.)
a) be a 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 OR RESTRICTED BY LAW.
2.2Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any competition offered on the Site. 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.
2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any competition offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above.
It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. 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 competition offered on the Site, you acknowledge that all information contained on the Site 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 the Site. 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. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including 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 Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site 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 the Site, including the slogan, are registered and unregistered Trademarks of the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.
2.5 Promotional Activities
By entering into a Test of Skill competition you fully acknowledge that the results of your
competition entry may be displayed by Test of Skill. Acceptance by the winner of the prize gives Test of Skill the right to use the prize winner’s name, personal photograph and state of residence for promotional and marketing purposes both immediately after their win and in future, unless prohibited by law. Prize winners must submit a recent personal photograph to Test of Skill before any prize will be awarded.
2.6 Submissions
By entering into a Test of Skill competition or contacting Test of Skill you agree that any information (game suggestions, photos, questions etc) submitted by any means to Test of Skill by you will become the sole property of Test of Skill.
Unless Test of Skill specifically conveys to you in writing, no information submitted by you to Test of Skill will be subject to any confidentiality agreement. You further agree that all submissions and information will become the exclusive property of Test of Skill without any compensation accruing to you.
3.0 Disclosures
3.1 Odds of Winning
The outcome of the various competitions offered at Test of Skill are directly related to the skill level of the particular competitions’ participants and entrants, hence it is impossible to accurately assess an individual’s odds of winning.
The “odds” described, shown or displayed (often given as a numerical value) from time to time on the site, and referred to in any narrative on the site, describes the maximum number of entries (the numerical value) to the particular competition or game to which the “odds” are referring. This does not confer, describe or assess in any way, any entrants or competitors individual chances of winning or the probability of the individual winning the competition or game to which these “odds” are referring to or describing, as, per the above, the competitions or games offered by Test of Skill are skill based.
4.0 Game Play
4.1 Official Rules
This game is considered to be a “skill based game” in that the outcome of the game is principally determined by the skill level of the participants. Based on the participant’s knowledge of the sporting event’s idiosyncrasies of action, the winner will be determined by the participant’s skill level relative to applying their own knowledge together with the supplied information to correctly judge the position of the ball and thus most accurately determine the co-ordinates closest to the true center of the ball. Your participation in any Test of Skill competition constitutes your agreement of and acknowledgement that you have read, understand, and agree to the terms of these rules.
4.1a) To enter the competition at any MALL; see attendant at kiosk, follow the on-screen instructions, and play as follows:
a) Using all the information given in the sports photograph displayed on the computer screen (from which the ball has been erased), use your judgement and skill to correctly ascertain the co-ordinates where you decide the center of the ball is. Left click on the image (with computer’s mouse) to mark the location (these will appear as “x” and “y” coordinates to the left of the image you are playing on); when the pointer (cross-hairs) shows the position that you have determined the center of the ball to be, Test of Skill will then automatically register the co-ordinates as your entry (or entries) into the competition. As stated in “b” under “4.0 game play” below, you will be asked to provide your contact information to continue with your entry. Once your information is validated, you are officially entered into the competition.
b) You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your entry and forfeiture of any prizes to which you are otherwise entitled.
4.1b) To play the competition ONLINE; follow the on-screen instructions and play as follows:
a) Using all the information given in the sports photograph displayed on the computer screen (from which the ball has been erased), use your judgement and skill to correctly ascertain the co-ordinates where you decide the center of the ball is. Left click (with computer’s mouse) on the image to mark the location (these will appear as “x” and “y” coordinates to the left of the image you are playing on); when the pointer (cross-hairs) shows the position that you have determined the center of the ball to be, click proceed and Test of Skill will then automatically register the co-ordinates as your entry (or entries) into the competition.
b) Next you will be asked to provide your contact details, including a valid e-mail address and phone number. As stated in “c” under “4.0 game play” below, you will be asked to provide your contact information to continue with your entry. Once your information is validated, you are officially entered into the competition.
c) You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your entry and forfeiture of any prizes to which you are otherwise entitled.
d) ALL contests may only be entered ONE time per competitor, per email address, per month. No contestant shall enter any contest more than once and be qualified to win. More than one entry per contestant, per email address, per month will result in immediate disqualification from each game.
e) When the pre-stated end date of the competition arrives, the competition is closed.
f) When the pre-stated end date of the competition arrives, the competition is ended and the position of the center of the ball will be determined by a judge who will use his/her expertise to decipher the true center of the ball while looking at the original unedited image. The judge will be appointed and compensated by Test of Skill. The judge shall make his determination in the presence of a certified public accountant and a director from Test of Skill, but the decision of the judge shall be his or hers, his or hers alone, and shall be final. The judge's determination as to the center of the ball in the photograph will then be input into a computer that will determine which competitor has chosen the winning coordinates (this will be based on a grid-system). If no competitor has chosen the exact winning coordinates, the computer will then determine which contestant is closest to the exact winning coordinates, and that contestant will be determined to be the winner.
g) All decisions will be final and binding on the winners. No correspondence will be entered into.
h) Each winner of a competition will be notified at the e-mail address or telephone number they provided in the entry process within 10 days of the closing date of the relevant competition. It is the responsibility of the entrant to ensure that the contact details are correct and up to date. Test of Skill will not be held responsible for contestant’s miss-information; and if unable to contact the owner of the winning coordinates due to this miss-information within 10 days of the first attempted contact, Test of Skill will award the prize to the next closest coordinates to the winning coordinates, without any dispute
i) The winner( s) will be required to complete and sign an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where legal), to be returned within 14 days of the date of prize notification. In the event of non-compliance with this requirement the prize will be awarded as stated in “h” under “4.1 Official Rules” above. Upon full verification of the all details listed above to the full satisfaction of Test of Skill, the winner will be contacted in order to make arrangements for collection of the prize.
j) The winner may opt out of their prize and select a cash alternative prize at half the value of the respective prize at time of purchase.
k) All prizes are non-transferable, non-redeemable and non-exchangeable.
l) In the event of unforeseen circumstances Test of Skill reserves the right to offer an alternative prize of equal or greater value, or to substitute the prize for the total cash value at time of purchase.
m) Test of Skill reserves the right to cancel any competition, for any reason, before, during or after its beginning.
n) Any entrant may check the results of competitions closed within the last 12 months at our web site www.testofskill.com.
5.0 Limitation on liability
5.1 General Disclaimer
a) By entering any competition or game offered by Test of Skill you hold Test of Skill completely harmless relative to any damages, loss, injury related from access, use or attempted access or use to Test of Skill. You also agree that Test of Skill is not liable for any loss, injury, or damage relating from downloading or otherwise reviewing any information from Test of Skill. You further agree that Test of Skill is not liable for any damages of any kind to your personal computer, or any other device that you are using, resulting from any attempts to access Test of Skill.
b) In case that game delivery and completion fails for any reason whatsoever, then, after fully and conclusively evaluating the cause of the failure and determining with absolute certainty that the responsibility for the failure falls completely and without any doubt within the realm of control of Test of Skill, then Test of Skill has the option (but not the obligation) to allow you to compete in the particular competition if the entry has not been fully completed.
5.2 No Warranty
All goods and services provided, including without restriction any prizes awarded to or given for winning or taking part in a game or competition to a competitor, on Test of Skill 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 Test of Skill has the authority to extend such warranties.
5.3 Fraud
In the event that Test of Skill have awarded a prize to, or paid out all or part of the cash fund to a prize winner, who’s entry subsequently transpires to be fraudulent in any way or means (this is not to be time limited in any way), then Test of Skill or any agent or person acting on its behalf reserves the right to fully reclaim the prize (or the cash fund value) or the cash equivalent replacement value of the prize plus any associated costs in reclaiming the prize (or the cash fund value) from the prize winner.
5.4 Hacking, Tampering, or Unauthorized Access
a) By taking part or entering into any competition or game offered on the Test of Skill Site, you agree that the Site is not responsible for any loss, damage or injury resulting from tampering, hacking, or other unauthorized access or use of the Site. The Site is, however, responsible for making a good faith effort to install and implement encryption methods, security protocols, monitoring systems and procedures that protect fair play and the integrity of your entry or entries. As part of these efforts the Site reserves the right to suspend, repudiate, terminate, ban or limit in scope users in order to maintain the fairness and integrity of the Sites gaming environment.
b) Any attempt whatsoever to gain unauthorized access to the Site’s systems, interfere with game and site communications, undermine the competitors human skill component of any game, circumvent procedures or performance of the Site, or deliberately undermine or damage the Site or its competitions and/or games is subject to civil and/or criminal prosecution and will result in immediate irrevocable termination of your entry and forfeiture of your entry and any monies paid to Test of Skill or its agents and forfeiture of any prizes to which you are otherwise entitled.
5.5 Release
a) By taking part or entering in any Test of Skill competition, you release and agree to hold harmless Test of Skill, its parent companies, sponsors, affiliates, associates, subsidiaries, officers, directors, agencies and employees from any liability whatsoever for any costs, claims, losses, injuries or damages of any kind arising out of or in connection with the competition (or game) or acceptance, possession, or use of any prize (including, without limitation, costs, claims, losses and injuries related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
b) Test of Skill, its agents, or licensors makes no representations or warranties as to the quality / suitability of any of the goods or services offered as prizes. Test of Skill its agents, or licensors shall not be liable for any loss suffered or sustained to person or property including, but not limiting to, consequential (including economic) loss by reason of any act or omission by Test of Skill, its agents or licensors, in the connection with the arrangement to supply, or the supply, of any goods by any person to the prize winner, and where applicable, to any family / persons accompanying the winner, or in connection with any of the competitions or games promoted by Test of Skill, its agents or licensors.
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