Engage Play Technologies
Skill Game Terms and Conditions
SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in writing on the Site (collectively, the "Terms and Conditions") are by and between Engage Play Technologies (each, "the Site," "Engage Play Technologies", "us," or "we") and everyone who uses the Site (each, "you," "user," or "player"). By using the Site, creating an account, and/or participating in any tournament or service offered on the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. The Site may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically for any such modifications.
The Terms and Conditions constitute the entire agreement between you and us 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 the 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 the 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 the Terms and Conditions, which will otherwise remain in full force and effect.
1.2 Governing Law and Disputes
The Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any tournament offered on the Site, 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 state or federal courts located in Los Angeles in the state of California, 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
The Terms and Conditions constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of the Terms and Conditions and posting such modifications on the Site.
If any portion of the Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
SECTION TWO - CONDITIONS AND OBLIGATIONS
To be eligible to register and open an account and/or participate in any tournament offered on the Site, you must: (a) be a natural person at least 18 years of age or older, who is assigned to the Facebook account being used to access the Site; (b) at all times abide by the Terms and Conditions. By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament offered on the Site while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the Terms and Conditions and subject to having your account suspended or terminated. In addition, and without limiting any rights or remedies available to the Site, in the event of any violation of the Terms and Conditions, all winnings (if any) may be voided, and in the event such winnings have already been delivered to you, recouped by the Site, at the sole and absolute discretion of the Site.
2.2 Additional 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 tournament 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 city, state, federal, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. Access to the Site may not be legal for some or all residents of, or persons present in, certain jurisdictions. 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, express or implied, as to the lawfulness of your accessing the Site or participating in any tournament 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 (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject tournament was played, eligible to participate according to the Terms and Conditions. Without limiting any contrary provision of the Terms and Conditions, if the Site monitors your access or participation on the Site, the Site shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any tournament or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless the Site for any liability, claims, and damages (including attorneys' fees) arising out of or related to your violation of the Terms and Conditions.
It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, the Site may send an IRS Form 1099-MISC or other appropriate form to any person who wins in excess of $600 (USD) in prize value on the Site in any given year. Depending on the jurisdiction in which you reside, the Site may also send you W-9 and/or additional tax forms.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament 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 in-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, are 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, Site promotion, marketing 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 or other liability or obligation whatsoever to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others. 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 or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including 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.
2.5 Promotional Activities
By registering for an account, you agree that the Site may display your username and tournament records. By accepting any prize from the Site, you agree to allow the Site 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, marketing or related purposes without additional compensation.
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
2.7 Information Required (U.S. players only)
If your the value of your total winnings on the Site in any given year reach $600, the Site will request that you submit your social security number in order to send you an IRS Form 1099-MISC, or other appropriate form, as required by Internal Revenue Service regulations.
2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.
2.10 Recommended System Configuration
The tournaments offered on the Site will function best if your computer meets/exceeds the minimum system requirements. See the Technical Support, System Compatibility section of the FAQ. As set forth in Section 4 of these Terms and Conditions, the Site shall not be held liable for damage that occurs or issues that are encountered if user's computer does not meet the minimum system requirements.
2.11 Message Board, Support Tickets, and eMessage Policy
Rules of Conduct:
The Site 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 message board / wall areas, as determined by the Site in its sole and absolute discretion.
The Site reserves the right to remove any post for any reason or no reason.
You must be at least 18 years old to participate in any part on the Site.
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, as determined by the Site in its sole and absolute discretion, will not be tolerated.
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 the Site to the subject of the Site's games, message board or site content.
Advertising or promotion of any kind, including without limitation other companies or URLs, is NOT allowed.
Do not share personal information (your name, phone number, home address, and password) with others on the site.
No patented, copyrighted or trademarked materials are allowed in messages.
Information disclosed in the Site message boards / wall becomes property of the Site and is revealed to the public. The Site 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.
2.12 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings (if any) may be voided at the sole discretion of the Site. The Site 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 Facebook walls/timelines, 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);
The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
Upon the receipt of a credible and validated complaint, the Site 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. The Site 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. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.
Upon the receipt of a credible and validated complaint, the Site 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 contact us with any evidence of abuse. 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 IP or physical address, to participate in the activities offered on the Site. The Site reserves the right to monitor all activities on the Site, including without limitation, any effort to establish multiple accounts; in the event the Site 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 Engage Play Technologies may void any associated winnings. The Site 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.
The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site reserves the right to change these dollar amount limitations at any time in the Site's sole and absolute discretion. The Site reserves the right to set expiration dates or other limits on all Game Credits. The Site reserves the right to expire the Game Credits balance of any dormant account. Game Credits is defined as any credit deposited by Engage Play Technologies 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 one-hundred eighty (180) days.
2.14 Fraud and Abuse
The Site strictly prohibits user fraud and abuse relating to the access and use of the Site. In accessing the Site or participating in any activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations and the Terms and Conditions and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in the Site's sole and absolute discretion, as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of poker software or programs), intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players, the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the Site, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you shall be subject to immediate sanction (as determined by the Site in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Site access; (2) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; (3) any prizes, winnings and representative of value already received by you shall be subject to disgorgement and/or recoupment by the Site; and (4) in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed. Federal legislation. Without in any way limiting any provision of the Terms and Conditions, the Site expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right report you and such abuse to any and all relevant regulatory authorities or governmental agencies.
2.15 Account Maintenance Fee
An Inactive Account is any account in which the user has not logged in or played any games (prize or free) in six consecutive months. For any account that is inactive, the Site reserves the right to assess a maintenance fee.
SECTION THREE - DISCLOSURES
3.1 Odds and Prizes
The results of all tournaments offered on the Site 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 won in merchandise tournaments will be transmitted digitally or physically shipped to the winner. Please allow 3-5 business days for digitally transmitted prizes, and up to 4 weeks for physically shipped prizes.
3.2 Winners Lists
A preliminary list of winners will be posted on the Site immediately following each tournament, except in the case of tournaments with substantial (as
determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes
place in order to help prevent potential Abuse. Final winners will be posted following completion of the applicable tournament.
3.3 Determination of Winners
The results and winners of each tournament offered on the Site will be determined by the Site, 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 the Site can be found by clicking on each game's Game Details page.
SECTION FOUR - LIMITATION OF LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OFFERED ON THE SITE, YOU AGREE THAT: (1) THE SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY
DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2)THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY
CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) THE SITE IS NOT LIABLE OR RESPONSIBLE FOR LOSSES DUE TO VIOLATIONS OF THE TERMS AND CONDITIONS BY
OTHER PLAYERS; AND (4) THE SITE HAS NO RESPONSIBILITY TO ENFORCE THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site 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 the Site or your downloading of any materials, data, text, images, video or audio from the Site.
In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun
to participate, the Site will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, refund
the entry fee charged for that unfinished tournament entry only. The Site reserves the right to determine, in its sole discretion, whether it is
responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account should the
Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential
winnings from any unfinished tournament.
4.2 No Warranty
THIS SITE ITSELF, AND ALL GOODS AND SERVICES PROVIDED ON THE SITE 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 SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Credit Card/PayPal Use
You agree that the Site 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 the Site.
Any attempt to defraud the Site 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 on the Site, you agree that the Site is not responsible for any damage, loss,
or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage
or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes
to which you are otherwise entitled.
Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud
with regard to the Site, 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 the Terms and Conditions, are entitled to all
benefits accruing thereto. You may not allow any other person to access your account, access the Site, 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 the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including
attorneys' fees) arising from any use of your account by any person.
4.6 Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or tournament type (e.g. Unlimited
Entry), or modify your level or 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 the Site, you consent to allow the Site 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 the Site.
SECTION FIVE - MERCHANDISE PRIZES
5.1 General Disclaimer
Terms and Conditions for tournaments with merchandise prizes are subject to the following exceptions:
If a prize has become suddenly unavailable, if the player is outside the continental U.S. or if there are other difficulties in shipping, the Site has the
right, in its sole discretion, to substitute freely a prize of equivalent value (determined by the Site's estimated cost to obtain the merchandise prize, and not
the manufacturer's suggested retail price or any other price) for any merchandise prize.
In the event of a tie in any Token Prize Tournament, the prize is divided equally. However, 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 for
1st 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).
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.
5.5 Delivery Time
All goods are shipped F.O.B. Origin, and accordingly the Site takes no responsibility for any damage incurred during shipping.
In the case of merchandise covered by a manufacturer's warranty, the manufacturer and not the Site 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 Site is not
responsible for any defects, use or misuse or repairs. The Site makes no representations or warranties with respect to the authenticity or genuineness of
any merchandise prizes, particularly collectible prizes.