Terms & 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 GSN Games, Inc., formerly known as Worldwinner.com, Inc. (each, "the Site," "GSN Games", "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 Commonwealth of Massachusetts, 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 Boston in the Commonwealth of Massachusetts, 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
2.1.1 United States. 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 e-mail address submitted on your account registration form; (b) be a legal resident of the United States with a U.S. address and currently residing at the address in an eligible location; (c) be physically located within the U.S.; (d) be physically located in a U.S. state in which participation in the tournament you select on the Site is unrestricted by law; and (e) 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.
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; the Site DOES NOT offer games requiring a cash entry fee ("Cash Competitions") to users accessing the Site from the following states: Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee. Additionally, the Site (a) DOES NOT offer card game Cash Competitions if you reside in, or access the Site from, Indiana or Maine, and (b) only offers limited types of tournaments to users accessing the Site from Arizona and Florida. 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 withdrawn by you, recouped by the Site, at the sole and absolute discretion of the Site.
2.1.2 Non-U.S. 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 e-mail address submitted on your account registration form; (b) be physically located in a jurisdiction in which participation in the tournament you select on the Site is unrestricted by law; and (c) at all times abide by the Terms and Conditions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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. For example, Cash Competitions in card games are not offered if you access the site from Indiana or Maine. 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) 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. We reserve the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. But you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, 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 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)
At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate aliases as the Site deems fit. You may choose to play games on the Site 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 and maintain at all times the following current and correct information: full name, permanent residential address, phone number and credit card or other payment information (becoming a "Cash Player"). Please note that for every credit card deposit made, an authorization request in the amount of at least $10 will be applied to your credit limit, even if the actual amount charged may be lower. In addition, if 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. Failure to provide your social security number at that time, or failure to complete any other tax documentation may result in tax withholding and/or the Site's inability to credit your account for any winnings in excess of $600. Each time you login wishing 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 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 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.
- 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 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 chat rooms, message boards, or via eMessages 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 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:
- Account Suspension: 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.
- Account Termination: 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 forward all evidence of abuse to: abuse@WorldWinner.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 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 GSN Games 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 may also impose limitations on the net dollar amount you may lose or win on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site may be restricted until the beginning of the next calendar month. 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 GSN Games 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, abuse of game credit requests, 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 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, the Site reserves the right to assess a maintenance fee of $3.50 per month ("Monthly Maintenance Fee"). Please note that the Monthly Maintenance Fee is a real charge on your account's cash balance. The Monthly Maintenance Fee is only applicable to the funds that are in the player's account. If the account's cash balance reaches $0 (zero dollars), the Monthly Maintenance Fee will be suspended. On the fifth month of inactivity, the Site will notify account owners via e-mail of their inactivity and the imposition of the Monthly Maintenance Fee.
2.16 Withdrawal Requests
Cash Players may request a withdrawal of funds from their available account balance at any time. Game credits cannot be withdrawn. Processing of requested funds back to a credit card or PayPal account may take up to seven (7) business days; provided, however, the Site reserves the right to freeze a user's account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse by a user requesting withdrawal of funds. All withdrawal of funds shall be subject to the Site's remedies and sanctions set forth in Section 2.14.
Users are required to actively claim any check produced by a request for withdrawal of funds from their account. The Site reserves the right to assess a check request processing fee of $1.75 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 $1.75 check processing fee. Subject to GSN Games' funds availability confirmation process, check requests are systematically processed twice per month on the 15th and last day of the month, with checks generally mailed by the Site's accounting department within 2 weeks of the processing date.
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 the Site.
If a player's account is closed by the Site for a violation of the Terms and Conditions, that player's winnings may be voided and not returned to that player. In such an event, the Site, in its sole discretion, may use these winnings to defray the costs of administration and enforcement of the Terms and Conditions or allocate such monies to secondary tournaments.
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 (6) consecutive months (or such shorter time as GSN Games may announce in advance from time to time by sending written notice to the applicable Non-Cash Player(s) using the contact information associated with the inactive account). The Site reserves the right to deactivate any inactive account without notice. If your account is deactivated in this manner, you may be contacted by the Site to encourage you to revisit the Site. If you visit the Site after your account is deactivated, you may be required to open a new account in order to play games on the Site.
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 are generally cash amounts, which are deposited directly into winners' accounts. The anticipated cash value of prizes offered in "Limited Entry tournaments" (i.e., tournaments with a designated maximum number of players) will be disclosed at the beginning of each Limited Entry tournament. The prize pool for each Limited Entry tournament is based on the number of actual players in a Limited Entry tournament. The cash value of prizes disclosed prior to the start of a Limited Entry tournament is based on the maximum number of players participating in the Limited Entry tournament. Winners of Limited Entry tournaments will be paid a pre-determined percentage of the prize pool based on the player's ranking at the close of the Limited Entry tournament. In the event a Limited Entry tournament closes before the maximum number of players is achieved, (i) each winner will receive a percentage of the prize pool based on their final ranking at the close of the tournament, which may differ from the anticipated cash values disclosed prior to the start of the Limited Entry tournament; and (ii) GSN may reduce the number of winners to reflect the number of players that actually participated in the Limited Entry tournament. In addition, in the event only one (1) player participates in a Limited Entry tournament, the Limited Entry tournament will be cancelled and any entry fee paid by the player will be refunded to the player's account. If a Limited Entry tournament has to close prematurely 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, the Site retains a predetermined portion of the aggregate total as a management fee and/or tournament hosting fee.
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 the following link: Game Rules
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 the same as those for tournaments with Cash Competitions ("Cash Prize Tournaments"), with the following exceptions:
Players may request from the Site an offer of cash payment in lieu of any prize won, although the Site is under no obligation to grant such request. If the Site elects, in its sole discretion, to offer a cash payment in lieu of any prize won, the Site 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 the Site's cash offer, accept the original prize, or decline both and take nothing. The Site also reserves the right to credit the account of a merchandise prize winner with cash (the amount of which is in the Site's sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than thirty (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, the Site has the right, in its sole discretion, to substitute freely the cash equivalent (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. 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 GSN Games' sole discretion.5.3 Ties
In the event of a tie in any Cash 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).
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
All goods are shipped F.O.B. Origin, and accordingly the Site 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, the Site may choose to bear the cost of shipping within the continental U.S., although the Site is under no obligation to do so.
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.
5.7 Travel Prizes
Prizes involving travel and tourism will require you to depart from one of the cities on a 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 (1) week of the initial request for such information, or the prize may be voided. The Site is not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor is the Site responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by third-party travel or tourism providers. The Site reserves the right to require users to sign a waiver and release of liability and related documentation as a condition of receiving any travel-related prize.
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 (1) week of the initial request for such information, or the prize may be voided.
SECTION SIX - WORLDWINNER REWARDS PROGRAM
6.0 Overview of the WorldWinner Rewards Program
The WorldWinner Rewards Program (the "Program") is a loyalty program sponsored by the Site, through which individuals can earn points ("Rewards Points") when individuals perform qualifying tasks or engage in qualifying activities.
The Program is void where prohibited by law. Only individuals eighteen (18) years and older may participate. The Program is open only to legal residents of the 50 United States except residents of Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee may not participate as Cash Players in the Program.
The following persons are ineligible to participate in the Program or receive a prize offered through the Program: 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.
Participation in the Program signifies the participant's full and unconditional agreement to the Terms and Conditions.
6.2 Enrolling in the Program
Individuals may enroll in the Program by setting up an account at https://www.worldwinner.com (the "Website"). Each account will indicate the number of Rewards Points that have been earned and have not yet been redeemed or expired from that account.
6.3 Earning Rewards Points
In order to earn Rewards Points you must be in good standing and you must enroll in the Program as a Cash Player or a Non-Cash Player (Cash Players and Non-Cash Players are collectively referred to as "Players"). The tasks and activities that allow Players to earn Rewards Points will be announced on the Website or in promotional materials and special offers and may include such things as registering on the Website, completing your first game, completing a designated number of additional games within a certain time period, referring a friend, converting from being a Non-Cash Player to a Cash Player, entering tournaments, and/or participating in special events. For a full description of current Rewards Points opportunities please refer to My Promotions found in the My Account section of the Site.
6.4 Duration of and Changes to the Program
GSN Games reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time, in whole or in part, and for any reason or no reason at all. Without in any way limiting the generality of the foregoing, GSN Games reserves the right to modify, expand or limit the types of awards that are available in the Program, the awards that are available in general or available to Cash Players (i.e. individuals who have deposited cash into their GSN Games account) as opposed to Non-Cash Players, how Rewards Points are treated when Non-Cash Players convert to Cash Players with a Rewards Point balance in their account, the award schedule, the conversion ratio or levels that apply to Rewards Points being redeemed for "Redemption Partner Rewards" (as defined herein), the methods by which Players can earn Rewards Points, or any other aspect or feature of the Program at any time, in any manner, and without notice in its sole and absolute discretion. If the Program ends, all Rewards Points will expire automatically.
Each individual is responsible for the payment of all local, state and federal taxes, which may result from their participation in the Program.
GSN Games reserves the right to verify any Rewards Points account balance, and its decisions shall be final and binding and not subject to challenge or appeal. Rewards Points will not be awarded until after the verification process is complete. Rewards Points are void if GSN Games determines: (a) that they were not obtained in accordance with these Terms and Conditions and through legitimate channels; or (b) any part of the Rewards Points or accumulation of Rewards Points is counterfeit, altered, defective, tampered with or irregular in any way. Unverified Rewards Points will be removed from any account to which they may have previously been credited.
Each player is responsible for ensuring the accuracy of his/her Account. Players are encouraged to check their Rewards Statements to ensure that the correct number of Rewards Points have been accrued.
If a Player believes that Rewards Points were not properly accrued to his/her Account, the Player must notify GSN Games.
6.5 Expiration of Rewards Points
GSN Games reserves the right to void all Rewards Points in any inactive account. An inactive account is any account in which the Player has not logged in or played any games (money or free) in six (6) consecutive months (or such shorter time as GSN Games may announce in advance from time to time by sending written notice to the applicable Player(s) using the contact information associated with the inactive account).
6.6 Redeeming Rewards Points
Rewards Points have no cash value and are only redeemable for awards associated with the Program. Players may only redeem Rewards Points if they are enrolled as Cash Players in the Program, and GSN Games reserves the right to convert Rewards Points that are earned by Non-Cash Players into GSN Games Game Credits or other non-Rewards Point items when a Non-Cash Player converts to Cash Player status. Eligible Cash Players residing in the United States may redeem their Rewards Points for award codes or gift certificates that can be used to purchase merchandise on participating promotional partner (each, a "Partner") websites ("Redemption Partner Rewards"). Such redemption opportunities are subject to the terms and conditions specified by the applicable Partner in each instance. Players must comply with all terms and conditions of the Partner websites, including any shipping restrictions. Eligible Cash Players may also redeem Rewards Points for GSN Games Game Credits. Rewards Points will be associated with a Partner redemption level for which a player can redeem his/her Rewards Points. Conversion rates between Rewards Points and Redemption Partner Rewards vary per Partner and participating Partner websites may change from time to time without notice.
Eligible Players who redeem their Rewards Points for Redemption Partner Rewards will receive a one-time code to apply against their orders at a selected Partner's website, physical gift certificate or merchandise. Players are responsible for the management of the Redemption Partner Rewards codes once they have been issued. GSN Games is not responsible for lost, missing, or expired Redemption Partner Rewards codes. Shipping, handling and sales tax are charged separately and are the responsibility of the participant. GSN Games is not responsible for merchandise shipped to participants by Partners and makes no representations and warranties with respect to such merchandise.
In instances in which items available through a Partner's website cost more than the amount associated with a Player's Redemption Partner Rewards, the Player will be responsible for the difference.
Rewards Points that are converted to Redemption Partner Rewards codes cannot be re-converted into Rewards Points.
It is the sole and exclusive responsibility of the users to ensure the completeness and accuracy of the e-mail address and physical address listed for redemption when placing any order in the Rewards Store. GSN Games is not responsible for any incomplete or inaccurate information supplied by users. Gift cards are sent by regular (physical) mail and may take up to four (4) weeks for delivery from initial redemption. Gift certificates are sent by e-mail and may take up to ten (10) days for delivery from initial redemption. Some Rewards Store vendors do not ship to P.O. Boxes, including, but not limited to, the following:
- Apple (signature required for all iPods ordered online)
- Bed, Bath & Beyond
- Home Depot
Shipping, handling and sales tax are charged separately and are the responsibility of the user. GSN Games is not responsible for merchandise shipped to users by Rewards Store vendors and makes no representations and warranties with respect to such merchandise.
Some redemption items may have limited availability, and all redemption items are subject to availability and any other terms and conditions supplied by the Partner, merchant or party responsible for providing the redemption item.
6.7 Modifications of the Program
GSN Games 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 Redemption Period, the amount of Rewards Points associated with Rewards Points earning opportunities, the actions through which Program participants may earn Rewards Points, the number of Rewards Points that may be redeemed through the Program, and any of the options made available to Players with respect to their accounts at any time, with or without notice, even though these changes may affect a Player's ability to accrue or use his/her Rewards Points.
GSN Games reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Player's ability to accrue or use his/her Rewards Points. Any Rewards Points remaining in a Player's account at the end of the Program will be forfeited without compensation.
Continued participation in the Program constitutes the participant's acceptance of any changes to the Terms and Conditions. Participants are responsible for remaining knowledgeable as to any changes that GSN Games may make to the Terms and Conditions. The most current version of the Terms and Conditions will be available at https://www.worldwinner.com and will supersede all previous versions of the Terms and Conditions.
6.8 General Terms and Conditions
GSN Games reserves the right to discontinue the privileges of any participant who engages in any fraudulent activity or Abuse or uses the Program in a manner inconsistent with the Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated Rewards Points and benefits. In addition to discontinuance of participation privileges, GSN Games 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 Program is provided to individuals only. Corporations, associations or other groups may not participate in the 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 Rewards Points for combined use.
Rewards Points do not constitute property of a participant and may be revoked by GSN Games at any time as set forth herein. Rewards Points 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.
GSN Games is not responsible for any incorrect or inaccurate information supplied by participant of the Program.
All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards Points, or a participant's compliance with the Terms and Conditions will be resolved by GSN Games in its sole discretion.
6.9 Limitation of Liability
By participating in the Program or any game, the participants acknowledge 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. GSN Games is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site, a game, the Program or utilized by the participant, 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 GSN GAMES OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR ANY GAME OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF GSN GAMES IMPROPERLY DENIES A PARTICIPANT ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS. BY PARTICIPATING IN THE PROGRAM OR A GAME, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING 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 OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. None of GSN Games, 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 BY LAW, GSN GAMES AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING 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. 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 or a game, participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program or such cash game, or any rewards obtained through the 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 Suffolk County, Massachusetts; (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 Program, but in no event attorneys' fees; and (3) under no circumstances will a participant be permitted to seek recovery for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages 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 participant and GSN Games in connection with the Program or a game, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Massachusetts, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
SECTION SEVEN - WORLDWINNER PREMIER CLUB PROGRAM
7.0 Overview of the WorldWinner Premier Club Program
The WorldWinner Premier Club Program ("Premier Club") is a type of frequent player program operated by the Site, through which individuals may obtain certain benefits each month after reaching a threshold of play on the Site during the prior month. In addition to the terms and conditions stated above, additional terms and conditions of the Premier Club are specified below.
7.1 Eligibility/Membership Tenure
Individuals will be eligible for enrollment in the Premier Club if they meet the eligibility requirements.
GSN Games reserves the right to change, add, or remove eligibility requirements for membership in the Premier Club in its sole discretion, at any time. GSN Games's decisions regarding eligibility for membership in the Premier Club are final and binding.
Membership in the Premier Club signifies full and unconditional agreement to the Terms and Conditions.
7.2 Duration of Premier Club
GSN Games reserves the right to shorten, extend, modify, or cancel the Premier Club, in its sole discretion, at any time.
7.3 Rewards Store
Members of the Premier Club receive discounts on all merchandise then currently available in the Site's rewards store ("Rewards Store"), based on their tier. GSN Games reserves the right to modify any discount given to Premier Club members in its sole discretion, at any time.
7.4 Beta Games
New Cash Competition games scheduled for full release by the Site may first be made available to Premier Club members for a specified period of time. GSN Games reserves the right to limit or broaden the availability or release of any game, the amount of time any game is previewed by Premier Club members or to change this process in its sole discretion, at any time.
7.5 Exclusive FreePlay Tournaments
Members of the Premier Club are eligible to participate in the Daily Premier Club FreePlay Tournament, which is a daily tournament in which there is a cash prize but no required entry fee. Each Premier Club member will receive two (2) entries per tournament. The number of tournaments offered, the number of entries allowed per player per tournament, the duration of tournament(s) and any prizes are at the sole discretion of GSN Games and may be changed at any time. This is in addition to the daily FreePlay Tournament offered to all players.
7.6 A Personalized Multiplier
Members of the Premier Club have the opportunity to activate one 24-hour 5X, 10X, 15X, 20X, or other available multiplier ("Multiplier") based on their given tier. Members may choose when to activate the Multiplier. Once a Premier Club member activates the Multiplier during any calendar month, he/she cannot deactivate the Multiplier and such Multiplier will be active for twenty-four (24) hours from activation. The Multiplier does not apply to the following Rewards Point transactions: (a) entries into Super Rewards Tournaments, Player to Player Challenges, Ladder Challenges, Ladder Awards (for holding a high position on a ladder), Rewards Point "bonuses" such as those given for weekly play and lifetime milestones. The Multiplier will not be in addition to other point multipliers that are active on the Site. In the event two or more multipliers would appear to apply simultaneously, only the highest multiplier will be applied. GSN Games reserves the right to change the value of the Multiplier, the frequency with which the Multiplier may be activated, or cancel the Multiplier in its sole discretion, at any time.
NOTE: If your Premier Club multiplier is active when a sitewide one begins, we'll temporarily pause your clock. It will resume when the sitewide multiplier ends - so you still get all 24 hours of your Premier Club multiplier benefit. Category or game-specific multipliers will not pause your clock, in which case only the higher of the two will be applied.
7.7 Dedicated Player Services
Player Services will strive to provide Premier Club members with priority e-mail support, including prompt and complete responses to e-mail inquiries. GSN Games reserves the right to change the prioritization of e-mail support for Premier Club members in its sole discretion, at any time.
7.8 Modifications and Termination of Premier Club
GSN Games reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to, Rewards Store vendor offerings, Rewards Store merchandise discounts, preview of Cash Competition games, exclusivity of FreePlay Tournaments; the value and use of the Multiplier, priority of e-mail support, and any other benefits made available to Premier Club members at any time, with or without notice.
GSN Games reserves the right to terminate the Premier Club at any time, for any reason, with or without notice.
A Premier Club member's continued membership in the Premier Club constitutes the Premier Club member's acceptance of any changes to the Terms and Conditions. Premier Club members are responsible for periodically reviewing the Terms and Conditions and remaining knowledgeable as to any changes that GSN Games may make to the Terms and Conditions. The most current version of the Terms and Conditions will be available at https://www.worldwinner.com and will supersede all previous versions of the Terms and Conditions.
7.9 General Terms and Conditions
GSN Games reserves the right to discontinue membership and any privileges of any Premier Club member who engages in any fraudulent activity or uses membership in the Premier Club in a manner inconsistent with the Terms and Conditions or any federal, state, local, laws or regulations. In addition to discontinuance of membership and any privileges, GSN Games 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.
Premier Club membership is provided to individuals only. Corporations, associations or other groups may not become Premier Club members.
Any privileges conferred upon an individual as a Premier Club member may only be exercised by the individual upon whom such privileges are conferred and may not be transferred, assigned or exercised by any other individual. Premier Club membership does not entitle Premier Club members to any rights, benefits or privileges, except as expressly provided for by GSN Games and any such rights, benefits or privileges may be revoked by GSN Games at any time in its sole discretion.
GSN Games is not responsible for any incorrect or inaccurate information supplied by Premier Club members.
All questions or disputes regarding eligibility for the Premier Club, a Premier Club member's exercise of any privileges or a Premier Club member's compliance with the Terms and Conditions will be resolved by GSN Games in its sole discretion.
Last Updated: May 8, 2014