Terms & Conditions
NO PURCHASE NECESSARY. NYX Social Gaming LLC, a Nevada limited liability company, its parent companies, subsidiaries, affiliates and assigns (“Us” or “We” or “our” or “The Company” or “Sponsor” or “NYX”) provides the free poker tournament sweepstakes (the “Service”) to any person (“you” or “your”) who completes the registration process on The Company’s Web Site (“Site”) to become a member of the Service, and is accepted by The Company to become a member on the following terms, which may be updated by The Company or its Sponsors from time to time without notice to you. These Terms & Conditions must be read in conjunction with The Company’s Official Rules.
YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT REGISTER AND YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
General Terms, Definitions and Interpretations
Definitions. The following terms shall have the following meanings in this agreement:
“Site” shall mean our websites.
“Alternate payment method” shall mean that other payment methods may be used at any time at the discretion of NYX.
Section References. References to a “Section” shall be deemed references to an enumerated section of this agreement.
Subsection References. References to a “Subsection” shall be deemed references to labeled Subsection of this agreement.
Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Site. North American Residents: Oklahoma and Mississippi and the Province of Quebec Canada are not allowed to participate in this poker contest. Non-U.S. Residents: 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 email 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. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and we do not make any representation or warranty, express or implied, as to the lawfulness of your participation in the free poker tournament sweepstakes, or that materials on this Site are appropriate for use in your Jurisdiction. We do not intend that the Site be used by persons present in Jurisdictions in which the playing of card games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and we assert that, we shall not have any responsibility under any laws in any Jurisdiction. We further reserve the right to require you to provide proof that you are eligible to participate and win prizes in the online poker tournament sweepstakes prior to payment of any winnings or prizes. We also reserve the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
You must be 18 years of age to play and may be asked to submit age verification. In some promotions, you must be 21 years of age to play.
VIP Subscription services are not available to residents of the following states: Alabama, Arkansas, Georgia, Idaho, Michigan, Minnesota, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, and Washington, and where prohibited by law.
The winner of each Tournament will be awarded the prize(s) identified in the Tournament description. Prizes may be virtual for use only in the Services or they may be “real.” All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by The Company.
Prizes will be sent to the address on file at the time your prize is won. Please be certain to keep your address up to date. All prizes, including prizes shipped outside of North America, will be sent via US Postal Service with the appropriate international postage (where applicable). We assume no liability for non-deliverability. All cash prizes are paid in US funds, on demand, via one of the following e-wallet services: Dwolla or Paypal. You must register an account with a supported e-wallet service and link this account to your poker account to withdraw your cash prize(s). Once an e-wallet account is linked to your poker account, it cannot be unlinked. A single e-wallet account cannot be linked to more than one poker account. Residents outside the US are advised to play only in cash tournaments and are NOT eligible to win merchandise or other prize tournaments. Cash prizes must be claimed and withdrawn within 90 days of the date won, after which the prize will expire, become voided, and no longer available for withdrawal. Players may contact email@example.com to request funds to be reissued to their wallet. Please note that all international citizens are subject to an automatic 30% tax withholding. By playing for a prize that includes travel to a foreign country, You acknowledge that You have a valid passport, may be required to obtain a travel Visa for that country, and must meet any and all eligibility requirements for entry into that country or You will forfeit the prize in its entirety. Be advised many countries also require the visitor have no criminal record. We are not responsible in the event you are denied entry into the destination country or re-entry into the U.S. or any other country of origin.
The prizes are not assignable or transferable. No cash equivalents of the prizes identified herein, or substitutions, will be allowed except in the sole discretion of the The Company, who may substitute a prize (or portion thereof) with one of comparable or greater value. The Company reserves the right to cancel the Tournaments (or a Tournament) for any reason. In the event that a Tournament(s) is cancelled or postponed for any reason whatsoever, the Actual Retail Value (“ARV”) of the prizes may be awarded to the extent required by law. The Company also reserves the right to remove from or to deny entry to the Tournaments to any entrant who engages in a non-sportsmanlike or disruptive conduct, or acts with the intent to annoy, abuse, threaten or harass any other person participating or involved with the Tournaments.
WINNER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF ALL TAXES ON THE PRIZE(S). PROVIDER WILL PROVIDE ANY REQUIRED TAX REPORTING FORMS TO THE INTERNAL REVENUE SERVICE. PARTICIPANTS WHOSE YEAR-TO-DATE PRIZES REACH OR EXCEED $600 IN VALUE WILL BE REQUIRED TO COMPLETE A VALID US IRS W-9 FORM BEFORE THEY CAN RECEIVE THEIR PRIZE. WINNERS WHO DO NOT RESPOND TO SUPPORT@ZENENTERTAINMENT.COM WITHIN 30 DAYS OF THE INITIAL CONTACT E-MAIL WITH THEIR COMPLETED W-9 FORM WILL FORFEIT THEIR PRIZE. NON-US WINNERS MAY BE REQUIRED TO COMPLETE ADDITIONAL FORMS FOR THE US IRS IN ORDER TO RECEIVE ANY PRIZES.
A prize is deemed to have been won when a player meets all eligibility requirements as set forth herein, and the prize is shipped to the registered address of that player and the prize is received by the player. Return of any prize or prize notification as undeliverable may result in voiding of the prize. If a prize is not claimed, or if the winner is ineligible or does not provide eligibility verification, then the prize will not be awarded. All winners are presumed to be ineligible until they are verified. Prizes not redeemed within ninety days of the date of winning will be deemed to have been won by an ineligible player and the prize voided. Check issued are good for 90 days. Checks not cashed within 90 days are considered void and will not be reissued.
Registration & Account Rules
- No Employees. No employee of us or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to register or hold an account on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings. Notwithstanding the above, a company or individual that registers with us for the sole purpose of referring traffic to us is eligible to play and win prizes.
- Changes to Your Account. In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by sending an email to us.
- One Account Only. You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account for yourself. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play and have all accounts terminated by The Company.
- By Creating an Account and accepting these Terms and Conditions, you agree to opt-in to the company’s email list and receive emails pertaining to this Site.
- Official Rules. You agree to the Official Rules.
- By registering for any VIP Subscription, you authorize the Company to charge applicable recurring fees to your designated credit card or approved payment method. Monthly subscriptions are billed on a 30-day cycle, which begins upon successful registration (or at the end of a limited trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter. If you have signed up for an annual or quarterly subscription plan, you will be billed immediately. Your membership will be extended through the end of the billing cycle of your then pre-existing subscription plus the applicable number of days for the annual or quarterly plan chosen. All subscription membership plans renew automatically at the end of the applicable billing cycle unless you cancel your subscription plan before the end of the cycle. If, upon the scheduled subscription renewal date, the annual or quarterly plan billing attempt fails, you will be downgraded to a monthly membership and billed accordingly. If your use of our Services is subject to use or sales tax, then the Company may also charge you for any such taxes, besides the subscription fee or other fees published at the Company. The Company reserves the right to change the fees, charges or billing methods in effect, or add new fees and charges, at any time. The Company will announce these changes in advance. You are responsible for reviewing the Company Site to obtain timely notice of such changes. Continued use by you of the Service after notice of the changes constitutes acceptance of such changes. To cancel your subscription membership, visit the Site, log in to your account, go to your account and click ‘edit’ under membership status. Your subscription membership fees are payable in advance and are not refundable in whole or in part for any reason. Credit Card Authorizations for Free Trial Memberships are required (including, but not limited to, the 14-Day Free Trial and One VIP Month Free offers). You must provide credit card information to register for all trial offers to the Subscription Service. By signing up for a free trial, you agree that the Company may obtain a pre-authorization of up to $19.99. Some financial institutions may perceive these requested amounts as actual pending charges. While not actual charges, the Company is not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges. If you accept a free trial of the VIP Membership, we will bill your account when the free trial expires, unless you cancel your free trial before that time. If you choose to cancel your free trial before the free trial expires, your account will be reverted to a free basic account immediately. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the Site, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person and one per credit card number.
- VIP Subscription may be purchased on a monthly (or quarterly or annual when special promotions are running) recurring basis.
$19.99 per month package (a.k.a VIP Subscription): Player will receive a predetermined amount of tokens at the beginning of their subscription, plus the following additional benefits:
Ability to share tokens with friends on the Site.
Access to exclusive VIP only promo codes awarding varying amounts of tokens. VIP only promo codes are given out at the discretion of The Company and vary month to month. Promo codes may be distributed, among other channels, via email, on the Site’s Social Media channels, and other forms of communication approved in the sole discretion of The Company.
- Alternative Means of Entry (“AMOE”). As an alternate means of entry to upgrade your account to a VIP membership, a player must:
- Register at the Site as a free player and:
- For each thirty day period that you want to participate in a VIP Membership, send a 3 inch by 5 inch card on which the player has legibly handwritten the player’s screen name, first and last name, complete mailing address (e.g., Street, City, State, ZIP code), email address, date of birth and the thirty day period beginning at 12:01 a.m. Eastern time on the first day and ending at midnight on the thirtieth day in which the player would like to participate (one thirty (30) day period per card) in mm / dd / yyyy format. The card must be placed in a #10 envelope and mailed to 10300 W Charleston Blvd #13 B-33, Las Vegas, NV 89135, United States. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. Limit: 1 card per envelope.
- Entries must be received no earlier than fourteen (14) calendar days prior to the thirty date period in which entry is requested. The Company will not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail.
- Approved mail-in entries will receive VIP benefits as outlined in this Section.
- The chances of winning a prize on the tournament are the same for AMOE VIP members and paying VIP members.
- No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party or any person under the age of eighteen (18), to use or reuse your account in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
- You Are Responsible. You agree to be solely responsible for all use of the Site through the use of any of your account ID and passwords and you agree to indemnify and hold us harmless, along with its parent company, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys’ fees and expenses) arising from such use.
- No Interest. Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the free poker tournament sweepstakes, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
Prizes and Disbursement
- Prizes. It is your responsibility to check the prize matrix and become familiar with it prior to entering each tournament. Each tournament has a registration period and you may withdraw from any tournament within 5 minutes of the start for any reason. All entry methods will be credited for any qualified withdrawal from a tournament. The odds of winning any free poker tournament sweepstakes will be dependent on the number of entries we receive.
- Disbursement. Prior to the disbursement of any prizes or winnings, we reserve the right to undertake any and all inquiries and to require you to provide such information or documentation as it deems fit to verify your identity, the winnings, and the authenticity of the request for such winnings. If you fail to cooperate with such inquiries and/or to provide such information or documentation, we reserve the right to void any winnings in your account. Disbursement shall occur only after we verify all information to its satisfaction, and you sign and agree to a publicity release to enable us to use your image, voice, likeness and persona to advertise the contests and sweepstakes. Winners will be determined by winning an elimination based poker tournament. For rules on the tournament and poker play see the official tournament rules on the site at the beginning of the tournament. The winner of each Tournament will be awarded the prize(s) identified on our prize page. Prizes may be virtual for use only in the Services or they may be “real.” Approximate retail value of each prize(s), if any, is listed in the announcement and on the Tournament Description next to the corresponding prize. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor.
- Apple Inc. is not involved with our Tournaments nor the payout of prizes.
- Prizes will be sent to the address on file at the time your prize is won. Please be certain to keep your address up to date. All prizes, including prizes shipped outside of North America, will be sent via US Postal Service with the appropriate international postage (where applicable). We assume no liability for non-deliverability. All cash prizes will be paid in U.S. funds via e-wallet (Dwolla or Paypal). Residents outside the US and Canada are advised to play only in cash tournaments and are NOT eligible to win merchandise or other prize tournaments. Please note that all international citizens may be subject to an automatic 30% tax withholding. By playing for a prize that includes travel to a foreign country, You acknowledge that You have a valid passport, may be required to obtain a travelVisa, and must meet any and all eligibility requirements for entry into that country or You will forfeit the prize in its entirety. Be advised many countries also require the visitor have no criminal record. We are not responsible in the event you are denied entry into the destination country or re-entry into the U.S. or any other country of origin.
United States Federal Tax Regulations requires that you complete and return IRS Form W-9 and that we issue you a Form 1099 at the end of each calendar year if you have won prizes totaling $600.00 in that calendar year. However, you remain solely responsible for paying all taxes in accordance with the laws that apply in your state, province, and/or country of residence.
As with our cash prize tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or our prize acquisition price, or our discretion, will be used in determining the estimated cash value of such prize(s).
Non U.S. residents may be subject to back-up withholding for federal income tax purposes at 30%. Winners will be required to provide such documentation as the US Federal Income Tax Regulations require.
The prizes are not assignable or transferable. No cash equivalents of the prizes identified herein, or substitutions, will be allowed except in the sole discretion of the The Company, who may substitute a prize (or portion thereof) with one of comparable or greater value. The Company reserves the right to cancel the Tournaments (or a Tournament) for any reason. In the event that a Tournament(s) is cancelled or postponed for any reason whatsoever, the ARV of the prizes will be awarded to the extent required by law. The Company also reserves the right to remove from or to deny entry to the Tournaments to any entrant who engages in a non-sportsmanlike or disruptive conduct, or acts with the intent to annoy, abuse, threaten or harass any other person participating or involved with the Tournaments.
WINNER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF ALL TAXES ON THE PRIZE(S). THE COMPANY WILL PROVIDE ANY REQUIRED TAX REPORTING FORMS TO THE INTERNAL REVENUE SERVICE. PARTICIPANTS WHOSE CALENDAR YEAR PRIZES REACH OR EXCEED $600 IN VALUE WILL BE REQUIRED TO COMPLETE A VALID IRS W-9 FORM BEFORE THEY CAN RECEIVE THEIR PRIZE. WINNERS WHO DO NOT RESPOND TO SUPPORT@ZENENTERTAINMENT.COM WITHIN 30 DAYS OF THE INITIAL CONTACT E-MAIL WITH THEIR COMPLETED W-9 FORM WILL FORFEIT THEIR PRIZE.
- Right to Cancel Account. We reserve the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
- Investigation. If your account is terminated or suspended, We reserve the right to determine whether to declare as void any transactions placed by You.
- Services May Change or End. We reserve the right, in our sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
- You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from us and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
- Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular site service or contest. If We believe in our sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
- Behavior and Responsibility
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or use any portion of the Site for any commercial purposes.
You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, or engaging in team play on any of our websites, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any Service offered on our Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any of our Sites, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
You shall accept and abide by the contest rules set forth on the contest rules web page, to be amended from time to time by us in the sole discretion of us.
You agree that we are not liable for any loss caused by any unauthorized use of your credit card by a third-party in connection with any of our site or any third-party site.
Any attempt to defraud any of our site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
You agree that us is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any of our site or your account.
You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits there-from, and may not allow any other person to access your account, access any of our site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on our Site, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorneys’ fees) arising from any use of your account by any person.
You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in our sole discretion.
No mass-communication device, such as audio conferencing lines or group chat programs, may be used during game-play.
Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify us by email. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. We will not be liable for any alleged winnings that are, in our sole discretion, the result of a system error or malfunction.
Verification. Whenever we request additional verification, proof or documentation from you, such materials must be sent by facsimile, mail or such other means of communication specified by us. Such materials will become the property of us and will not be returned to you.
- Other Sites Are Not Our Responsibility. This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of us and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website.
- Future Marketing. You hereby acknowledge and agree that we and/or our affiliate/sponsor partners may market products and services to you in the future.
Intellectual Property. You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of us. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
License. We grant you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Use and Likeness Release. I hereby authorize NYX Social Gaming LLC, and its subsidiaries, affiliates and assigns, to photograph or film me and consent to the use of my likeness and image in any and all publications, educational materials, research, advertising, news media, and World Wide Web materials. I understand and agree that such materials, including all negatives, positives, digital images, and prints shall become and remain the sole property of NYX and I shall have no right or title to such items. I agree that NYX does not owe me any compensation for the acts that I have consented to in this agreement. I further understand and agree that these materials may be kept on file and used by NYX for potential future purposes and further agree to release NYX from any and all liability arising from or in connection with the taking, use, publication, or dissemination of such materials.
Our Site is not open to anyone under the age eighteen.
- YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
- ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (“MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, US, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
IN NO EVENT SHALL US, OUR SUBSIDIARIES/AFFILIATES/PARENT ENTITIES, OR OUR LICENSORS/PARTNERS/SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to defend, indemnify and hold harmless us and our parent, subsidiaries, agents, managers, and other affiliated companies, and our collective employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third-party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any of our Site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third-party or service provider.
Right to Cancel Contest
If us, our parents, affiliates, managers, or directors determines that operating the free poker tournament sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the free poker tournament sweepstakes may be ended by us and we shall owe you nothing. NYX, our parents, subsidiaries, affiliates, managers, or directors, may in our sole and absolute discretion have a drawing for any prizes in the event that the free poker tournament sweepstakes is cancelled.
- Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third-party in the event of a merger or acquisition.
- No Waiver. If we fail to act with respect to a breach by you or others, this event does not waive our right to act with respect to subsequent or similar breaches. If we fail to enforce in one or more instances any of these terms, it shall not be construed as a waiver of the future performance of any term.
- Time Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
- Choice of Law and Forum. These terms shall be governed by and construed in accordance with the laws of Nevada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the free poker tournament sweepstakes or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in these terms.
- Dispute Resolution. You and us agree that any Dispute between you and us will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”) and conducted under its rules, except as otherwise provided below. You and us will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Clark County, Nevada. If you prevail in the arbitration of any Dispute with us, we will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from us, or (iii) any other dispute arising out of or relating to the relationship between you and us; the term “US” means us and our parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third-party who provides products or services purchased from or distributed by us.
By accessing this Site, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.