Terms & Conditions

GENERAL INFORMATION

Terms and Conditions Binding

Registering for an account and/or participating in any contest offered on SmartPrize.co.uk ("the Site") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Site may modify these 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 these Terms and Conditions periodically for any such modifications.

Law and Disputes

We make no representation that materials in the site are appropriate or available for use in all locations. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

By registering for an account and/or participating in any contest 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 courts, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

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. These 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 these Terms and Conditions and posting such modifications on the Site.

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.

CONDITIONS AND OBLIGATIONS

Eligibility

To open an account and/or participate in any contest offered on the Site, you must be a natural person, at least 18 years old, who is assigned to the e-mail address, submitted on your account registration form. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Persons Not Eligible

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 contest offered on the Site. For purposes of this section, immediate family members include parents, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

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 contest 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 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 above.

You are solely responsible for paying taxes in accordance with the laws that apply in your state, province, and/or country of residence.

Acknowledgment of Proprietary Rights

By registering for an account and/or participating in any contest 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, 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 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 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 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 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.

Promotional Activities

By registering for an account, you agree that the Site may display your player name and contest 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 purposes without additional compensation.

Submissions

If you send comments 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 compensation to you.

Information Required

At registration, you are required to submit the following information: full name, an alias that will be your player name (username), a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon establishing a positive Site account balance for entry fee contests, you are required to submit the following information: full name, permanent residential address, phone number and credit card or other payment information.

Accuracy of Information

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 account and forfeiture of any prizes to which you are otherwise entitled.

Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your e-mail address, information obtained by the Site FROM cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize FROM the Site constitutes consent for the Site's disclosure of personal information as described above. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. SmartPrize™ utilizes e-mails to notify you when you win contests, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of SmartPrize™ e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences in your account section of the website. Please view the Site's Privacy Policy.

Chat & Forum Policy - Rules of Conduct:

The Site reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas;
The Site reserves the right to remove any posts for any reason;
Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted;
Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated;
Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed;
Advertising or promotion of other companies or URLs is not allowed;
Please LIMIT posting to the subject of the Site's games, puzzles, forums or site;
Do not share personal information (your name, phone number, home address, password) with others on the site;
No advertising of any kind is allowed in messages;
No copyrighted materials are allowed in messages;
Information disclosed in the Site chat rooms or forums 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.

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. 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 forums 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).

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: abuse[at]SmartPrize.co.uk

Limitations on Participation

You may establish only one account per person. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers.

The Site may impose 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 amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the contests offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these amount limitations at any time. The Site reserves the right to set expiration dates or other limits on all Practice Credits or other promotional credits. The Site reserves the right to expire the credits balance of any dormant account. Credit is defined as any credit deposited by SmartPrize™ 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 30 days.

Abuse

Anyone who displays behaviour consistent with 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, intentionally poor play in certain games or puzzles in ORDER to achieve a broader competitive advantage, harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and the Site, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access. All winnings (if any) may be voided at the sole discretion of the Site.

Membership

There is a membership fee of £2 per month. The membership expiration date is displayed in the User Account page.

DISCLOSURES

Odds and Prizes

The results of all contests offered on the Site depend on the number, intelligence and skill level of the players participating in such contests; precise odds of winning are therefore unavailable. Prizes are generally cash amounts, which are deposited directly INTO winners' accounts and are payable only when the paying members participation is at least double than the prizes.

Except where otherwise noted, in all contests with actual cash entry fees, the Site retains a portion of the aggregate total as a management fee. For guest competitions without actual cash entry fees, however, the Site may, in its sole discretion, choose to waive the retention of management fees.

The Site reserves the right to aggregate user withdrawal requests for systematic processing by the Site's accounting department approximately once per month on the last day of each month (or the next business day following those dates, if the last day falls on a weekend or holiday), provided the withdrawal request was made with a reasonable amount of notice.

Winners Lists

Lists of winners will be posted on the Site immediately following each contest, except in the case of contests with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five business days while verification of the results takes place in ORDER to help prevent potential abuse.

Determination of Winners

The results and winners of each contest offered on the Site will be determined by the Site. By registering and/or participating in any contest, you agree to be bound by these determinations.

Contest Rules

Rules for each specific contest offered on the Site can be found in the Contest Rules.

Scores

The Site determines players' scores by using various mathematical formulae. The Site reserves the right to change or modify these formulae FROM time to time in its sole discretion. The exact formula used to determine any given player's score at any given time is subject to the Site's sole discretion, and may differ based on certain criteria, including, but not limited to practice versus member status, amount of signups versus winnings, number of competitions played, contest scores and patterns of anomalous play.

LIMITATION on LIABILITY

General Disclaimer

BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY CONTEST OFFERED on THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. 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.

Without limiting the foregoing, under no circumstances shall the Site or its licensors be held liable for any delay or failure in performance resulting directly or indirectly FROM acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, shortages materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In case of a malfunction or disruption of service for which the Site is responsible that prevents you FROM completing a game or puzzle, the Site will, upon receipt of a refund request, refund the credits charged for that unfinished game or puzzle 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 contest 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 contest.

No Warranty

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.

Credit Card 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 honour 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 civil and/or criminal prosecution.

Hacking, Tampering, or Unauthorized Access

By registering for an account and/or participating in any contest 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 contest 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 civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.

Accounts for Individual Use only

You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) 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 contest using your account information. Your account is not transferable to any other person. By registering and/or participating in any contest 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.

Account Termination

The Site reserves the right to terminate your account, LIMIT or prohibit your participation in any game, puzzle or contest, or modifies your rank or scores for any reason, including but not limited to any Abuse by you.

By registering for an account and/or participating in any contest 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 credits, less membership fee, entry fees and withdrawals, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.

MERCHANDISE PRIZES

General Disclaimer

Terms and Conditions for contests with merchandise prizes are the same as cash prize contests, with the following exceptions:

Substitution

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 credits (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 15 days or if a prize has become suddenly unavailable or if there are other difficulties in shipping.

For all merchandise contests, a minimum number of user entries are required in ORDER for the described prize to be awarded to the contest winner.

Limits of Play

If a player wins 1st place in a contest, that player is prohibited FROM winning in the same contests for a specific number of days equal to the length that the contest won was open. Furthermore, any player FROM the same household or computer address is also prohibited FROM winning in such contests for the same amount of time.

Two players FROM the same household or who share a computer address cannot both win a prize in a contest.

There are contests with no time limit, and accordingly remain open until the contest is full, although if any such contest fails to close within a reasonable amount of time, the Site reserves the right to cancel the contest.

Ties

In the event of a tie in any cash prize contest, the prize is divided equally. However, since no one has much use for half a merchandise prize, the player who posted the tying score first will be considered to have finished ahead of the other tying player(s).

Taxes

As with our cash prize contests, 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 the shipping of the merchandise). Thus, there will be no change in the value of your account, but your year-to-date winnings will increase.

Delivery Time

Unless otherwise specified, merchandise will ship within 30 days of the date the prize is claimed by the winning player. 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 contests, the Site may choose to bear the cost of shipping, although the Site is under no obligation to do so.

Warranties

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.

Travel Prizes

Prizes involving travel and tourism will be FROM a specified list of cities. Any player who wins such a prize and wishes to depart FROM a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required making the reservations for a travel prize, including the names and ages of all travellers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. 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 fulfilment by the third-party travel or tourism providers.

Other Prizes

For prizes requiring local licensing (e.g. a driver's license for an automobile), players must provide evidence of such licensing or approval within one week of the initial request for such information, or the prize may be voided.

These Terms and Conditions constitute the entire agreement between SmartPrize™ and players pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed FROM the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

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