| | Terms of Service User Agreement BY PLAYING ANY OF THE GAMES OPERATED BY IWIN AT WWW.IWIN.COM (THE "GAME"), YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE.
General Information I Binding Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
The establishment of an account and/or the participation in any game or tournament confirms your acknowledgement of and agreement to be bound by iWin’s Terms and Conditions. If you do not agree to these Terms and Conditions, which includes by incorporation our Privacy Policy, you may not access or otherwise use iWin or its services. iWin may modify these Terms and Conditions at any time. Your continued use of iWin following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications
II Governing Law
These Terms and Conditions are governed by the laws of the State of New York and are subject to interpretation according to said laws. By establishing an account and/or participating in an iWin game or tournament you agree that any conflict or disagreement that cannot be resolved by the parties will be resolved individually, without resort to any form of class action. You further agree that New York will be the sole jurisdiction for resolving any dispute.
III Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on iWin, constitute the entire agreement between you and iWin and cannot be modified by you. As previously stated, iWin in its sole discretion has the authority to modify these Terms and Conditions.
IV 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.
V Term
The license for iWin shall be effective from the date you begin using iWin until the date of termination. This license shall terminate automatically when any of the following occur: (i) iWin.com or NextGame removes the site, or (ii) you fail to comply with the limitations described herein. Further, iWin/NextGame may terminate this license at any time by providing individual or public notice of the intent to terminate.
Conditions and Obligations
I Eligibility
To participate in any game or tournament at iWin, you must be at least 18 years of age and possess the legal authority to enter into an agreement and to use iWin games and tournaments in accordance with these Terms and Conditions. You represent and warrant that all registration and account information you supply to iWin is complete and accurate and (through timely updates) are responsible for maintaining the accuracy of this information. Deliberately submitting misleading incomplete and/or inaccurate information will result in the elimination of your account and the forfeiture of any funds you may have won or deposited.
Every iWin player is allowed only one account on our Game Network. The Game Network includes Playlink.com, Playsite.com, iWin.com®, Letsplay.com, HotGames.com, PlayPal.com, MatchPlayGames, Valuesurf Tournaments and Winopolis Tournaments. iWin reserves the right to enforce this limitation by requesting a system wide unique email address and/or credit card number. If it is discovered that any user has circumvented this limitation iWin has the right to terminate multiple accounts at any time in order to bring the user into compliance with this limitation. Any monies associated with closed accounts are subject for forfeiture.
The rules governing games, tournaments and other contests 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, iWin CANNOT offer fee-based games and tournaments to residents of the following states: Arizona, Arkansas, Florida, Iowa, Louisiana, and Vermont.
II Additional Persons Not Eligible
Notwithstanding paragraph I Eligibility, the following persons are ineligible to participate in any tournament or receive any prize offered on iWin: employees, officers, and directors (and their immediate family members) of iWin; 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.
III Compliance with Law and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access iWin and are solely responsible for obeying those laws. You agree that iWin cannot be held liable if laws applicable to you restrict or prohibit your participation. iWin makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on iWin nor shall any person affiliated, or claiming affiliation, with iWin have authority to make any such representations or warranties.
iWin reserves the right to monitor the location from which you access iWin and to block access from any jurisdiction in which participation is illegal or restricted.
It is the policy of iWin, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on iWin in any given year. In order to receive a 1099 form you will be required to submit your social security number. Failure to provide your social security number at that time will result in iWin’s inability to credit your account for any winnings in excess of $600. At all times, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
IV Property Rights
By establishing an account and/or participating in any iWin game or tournament you are acknowledging that the entirety of iWin’s content is the protected property of iWin and its licensors. You acknowledge that you are provided access to this information for your own individual use and you agree not to change, sell, publish, participate in the transfer or sale of, create derivative works or in any other way exploit this information for any purposes.
V Privacy Policy
iWin will not intentionally disclose any personally identifying information about you (including your social security number and information regarding your IP address) to third parties, except where iWin, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms and Conditions or other rules of iWin games. iWin may use your username and game or tournament records and winnings in accordance with section VI Promotional Activities (see below). By using iWin, you signify your acceptance of iWin’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use iWin. To view the full Privacy Policy, click here.
VI Technical Configuration
It is your sole responsibility to confirm the technical compatibility between your computer system and the iWin site. For a detailed listing of optimum computer specifications, please see the Technical section of the Help pages.
VII Promotional Activities
By registering for an account, you agree that iWin may display your user name and game or tournament records on the site or in publicity emails. By registering with iWin, you agree to allow iWin 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.
VIII Submissions
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to iWin, such submissions shall become, and shall remain, the sole property of iWin. No submission shall be subject to any obligation of confidence on the part of iWin. iWin shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.
IX Chat Policy
Rules of Conduct:
iWin reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas. - Profanity, obscenities, or the use of **asterisks** 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.
- Impersonation 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 chat to the subject of iWin games or site.
- Do not share personal information (your name, phone number, home address, password) with others on the site that you do not know from contexts not related to iWin.
- No advertising of any kind is allowed in chat messages.
- No copyrighted materials are allowed in chat messages.
- Information disclosed in chat rooms becomes property of iWin and is revealed to the public. iWin 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 chat messages.
X Anti-Spam Policy
iWin is against the practice commonly referred to as "Spam". Validated reports of "Spam" will result in the termination or suspension of the offender’s account. iWin 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);
iWin will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion. iWin 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, iWin may elect to 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 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, iWin may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the account, forfeiture of any funds you may have won or deposited, a prohibition against any future membership, and the user will lose the right to compete in any game play.
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: support@iWin.com®. Please refer responsibly!
Disclosures I Odds of Winning
As the outcome of the various games and tournaments offered at iWin are directly related to the skill level of the particular participants, it is impossible to accurately access an individual's odds of winning. Entry fees earnings are deposited directly into winners' accounts and become available within five (5) minutes of a game’s conclusion.
II Winner Determination
Winners of iWin’s games and tournaments will be determined by the scoring processes related to the particular game and by as articulated on iWin and defined by iWin. ). By using iWin, you signify your acceptance of iWin’s game rules and agree to play by them. If you do not agree with the game rules, in whole or part, please do not use iWin. Rules for each specific game offered on iWin can be found by clicking on the following link: Game Rules.
Limited Liability I General Disclaimer
By establishing an account or participating in any game or tournament offered by iWin you hold iWin harmless relative to any loss, damages, injury related from use, access or attempted use or access to iWin. You also agree that iWin is not liable for any loss, damage, or injury relating from downloading or otherwise reviewing any information from iWin. You further agree that iWin is not liable for any damages to your personal computer resulting from any attempts to access iWin.
In case of a malfunction or disruption of service for which iWin is responsible that prevents you from completing game in which you have begun to participate, iWin will refund the entry fee charged for that unfinished game or tournament only. iWin reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. iWin also reserves the right to limit your play or terminate your account should iWin determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. iWin is not liable for any entry fee or potential winnings from any unfinished tournament.
II No Warranty
All goods and services provided on iWin are provided "as is," without warranty of any kind, either express or implied, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. iWin does not warrant or guarantee that any portion of the site or the games will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; or that access to the site or games will be uninterrupted or error-free. No person affiliated, or claiming affiliation, with iWin has the authority to extend such warranties.
III Internet
If for any reason the Internet portion of the games are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of iWin which corrupt or affect the administration, security, fairness, integrity, or proper conduct of these games, iWin reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. In such event, iWin further reserves the right to award prizes to the players with the most points as of the termination date.
iWin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. iWin is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this contest.
Further iWin assumes no liability for any losses related to the above outlined failures or caused by any disconnection from the games.
IV Credit Card Use
You agree that iWin is not liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with iWin. Any attempt to defraud iWin 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 funds you may have won or deposited to which you are otherwise entitled, and civil and/or criminal prosecution.
V Anti-Hacking Policy
By establishing an account or participating in any contest or tournament on iWin, you agree that iWin is not responsible for any damage, loss, or injury resulting from, hacking, tampering, or other unauthorized access to iWin or your account. Any attempt to gain unauthorized access to iWin’s systems or any account, interfere with procedures or performance of iWin, or deliberately damage or undermine iWin is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any funds you may have won or deposited to which you are otherwise entitled.
VI Account User Restrictions
As the holder of your account, you are solely responsible for all obligations and are entitled to all benefits thereof, and may not allow any other person to access your account, access iWin, 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 iWin, you agree to indemnify, defend, and hold iWin harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.
VII Third Party Promotions
iWin may display and make available promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that iWin shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against iWin arising from your participation in, or inability to participate in, any Third Party Promotion.
VIII Account Termination
iWin reserves the right to terminate your account or decline or limit your participation in any tournament for any reason, including, but not limited to harassment of other participants, posting of objectionable material, creating multiple accounts, game fraud, or any breach of the terms of the agreement between you and iWin, and any breach of the security of your account or iWin. By registering for an account and/or participating in any tournament offered on iWin, you consent to allow iWin to access your account information to investigate complaints or other allegations of abuse.
Game Sweepstakes Official Rules
Enter one of the iWin Sweepstakes sponsored by iWin.com® and you may win cash or one of the other prizes being raffled.
NO PURCHASE OR ONLINE ACCESS FEE NECESSARY TO PLAY. Enter daily! Just follow the Official Rules below for all the details. Some Internet service providers are free. Void where prohibited.
I Eligibility
This Sweepstakes is open to all individual persons in most of the United States and Canada who at the time of entry have reached the age of majority of the jurisdiction in which they reside.
Employees, agents, successors, and assignees of Sponsor (iWin.com®), its advertising agencies and promotional companies involved in this Promotion, as well as family and household members of same, shall be ineligible to participate in the Promotion and shall be ineligible for any prize covered herein. Entrants acknowledge that Sponsor is not liable for reimbursement of any prize otherwise payable to Sweepstakes entrants who are in violation of this provision. Residents of jurisdictions where this Sweepstakes is prohibited by law or subject to registration or other procedures with which iWin.com® may not have complied such as, but not limited to Quebec and Florida are ineligible to participate in the Promotion and shall be ineligible for any prize covered herein.
II Entering Online
Enter online daily. iWin.com® can randomly reward players with the possibility to submit multiple entries per Game Session; all entries submitted through these rewards are valid for the current drawing. If a player is not rewarded with additional entries and that additional entries are submitted in good faith, only the first received will be eligible; the additional entries will be voided and disregarded. Access the iWin.com® web site at http://www.iwin.com and follow the instructions to submit an Official Sweepstakes Entry Form by (1) selecting a Sweepstakes, (2) submitting the number of PlayBucks with which to enter, and (3) confirming the entry. All entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries are void. Entries which are completed or entered by other than human means or otherwise not in compliance with these Official Rules will be disqualified and the entrant ineligible for future participation.
III Winner Selection
Within 31 days of the closing date for entries into each raffle, one of the entries will be randomly selected and declared the winning entry. If the winning entry is from an eligible individual according to the Official Sweepstakes Rules, then the individual will be notified via email of their win within 31 days of having been selected. All reasonable attempts will then be made to provide the individual with the appropriate prize.
IV Winner Announcements
Potential winners will be notified by mail or e-mail within two (2) weeks after the selection of each winning entry. If a potential winner cannot be reached after ten (10) days from the first notification attempt, is found to be ineligible, declines to accept a prize, or in the event that a prize or prize notification is returned as undeliverable, the prize will be forfeited. Gift certificates may be issued to winners directly via e-mail. In compliance with Canadian law, if winner is a Canadian resident, he/she must first correctly answer a mathematical skill-testing question or the prize will not be awarded. Potential winners may be required to furnish picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification. Each potential winner of $600 or more will be required to sign an affidavit of eligibility, release of liability and publicity, including, but not limited to, the use of winner's name, hometown and photograph without additional compensation (where lawful) which must be signed, notarized and returned to Sponsor within fourteen (14) days of receipt, or prize will be forfeited and potential winner will be disqualified. Each winner's name, city and country of residence may be shown on the iWin.com® web site within thirty (30) days after each day's drawing. A list of winners may also be obtained by sending a self-addressed, stamped envelope to: iWin.com® WINNERS' LIST, PO BOX 77432, San Francisco, CA 94107-7432. Winners' lists will be updated periodically and will show each winner's name, city and state, the value of the prize won, and the dates upon which the prize was won and delivered to all such winners during the previous ninety (90) days. Names and likeness of winner(s) may be used by Sponsor (iWin.com®) and Sponsor's designee(s) for promotional purposes without further compensation to Sponsor or the winner(s).
V Privacy Notice
Any information entrants provide to the Sponsor will be used to communicate with entrant in relation to this Sweepstakes. Sponsor may also share this information with advertisers to contact entrants at a future date about new product and services Sponsor believes entrants will find of interest. For complete details, see iWin.com's Privacy Policy on the iWin.com® website.
VI Addenda
- No purchase or online access fee necessary. Some Internet service providers are free.
- Void wherever prohibited or restricted by law.
- iWin.com® is being designated as "the Sponsor". The "Sweepstakes" is a 7 of 50-lottery type promotion.
- By entering the Sweepstakes, entrants agree to abide by all terms of the Official Rules and the decisions of the Sponsor, made in its sole discretion, which shall be final. Sponsor is not responsible for incorrect, or inaccurate transcription of entry information, for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, theft or destruction or unauthorized access to, or alteration of, entries, for line failures or other failures of any telephone network, server, providers, computer equipment, software or any combination thereof, for inability to access any web site or online service or any other error or malfunction, or for late, lost, illegible, misdirected or incomplete entries which may limit a player's ability to participate. Sponsor is not responsible for any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. Sponsor is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed software transmissions or any mistake in the printing of these rules or failure to make e-mail notifications, if any, to players. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, IWIN.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Should the Sweepstakes be terminated prior to the stated expiration date, NOTICE will be posted on the iWin.com® web site.
- Entry materials that have been tampered with or altered are void. No copies, facsimiles or reproductions of online entry form will be accepted. Mechanically duplicated, mass machine printed entries, or entries not otherwise in compliance with the Official Rules will be disqualified. Proof of e-mailing does not constitute proof of delivery.
- If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
- If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of iWin.com® which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, iWin.com® reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes.
- If a dispute arises regarding who submitted an online entry, the entry will be deemed submitted by the person in whose name the entry was made.
- No substitution or transfer of prizes permitted by winners. Taxes, if any, are the winners' responsibility. Where the winner is not a resident of the United States, Sponsor may withhold from the cash prize an amount it deems necessary to meet applicable taxes. If the prize is not a cash prize, Sponsor may refuse delivery of prize until such time as the winner provides Sponsor with the monies necessary to meet applicable tax withholding requirements.
- Winners, by acceptance of a prize, agree to release the Sponsor, its parent, subsidiary and affiliated businesses and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives and any other person or entity associated with this Sweepstakes from any and all liability claims or actions of any kind whatsoever for injuries, damage or losses to persons and property which may be sustained in connection with the receipt, enjoyment, ownership or use of the prize. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of any prize awarded.
- This promotion is governed by the laws of the United States. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Delaware.
- Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) if the parties are unable to resolve their dispute amicably, it shall be resolved: (i) if the entrant is a U.S. resident, exclusively in a federal or state court within the State of Delaware; or (ii) if the entrant is not a U.S. resident, by Arbitration Rules of the American Arbitration Association in English before a single arbitrator in San Francisco, California; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place.
Refund Policy A refund will be processed within 3-5 business days upon receipt of request.
A subscription refund request must be received within 24 hours of purchase. For more information on deposits and withdrawals, click here. |
