WORLDWINNER TERMS & CONDITIONS
Last Updated: June 22, 2017
PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED GSN TERMS OF SERVICE LOCATED AT http://gsngamesnetwork.com/terms.html
SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in writing in WorldWinner (collectively, the "Terms and Conditions") are by and between GSN Games, Inc., formerly known as WorldWinner.com, Inc. (each, "WorldWinner," "GSN", "us," or "we") and everyone who uses WorldWinner (each, "you," "user," or "player"). By using WorldWinner, creating an account, and/or participating in any tournament or service offered on or in WorldWinner, you accept and agree to be bound by all terms, conditions and notices contained or referenced in WorldWinner, including the most current version of the Terms and Conditions. GSN may modify the Terms and Conditions at any time. Your continued use of WorldWinner following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically in order to stay aware of such modifications.
1.2 Governing Law and Disputes
The Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any tournament or service offered on or in WorldWinner, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Los Angeles in the State of California, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
The GSN Policies constitute the entire agreement between you and us pertaining to your participation in and with WorldWinner and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the GSN Policies shall be deemed or shall constitute a waiver of any other provisions (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. The GSN Policies cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with GSN. Nothing in this subsection will prevent us from modifying the terms of these Terms and Conditions and posting such modifications in WorldWinner.
If any portion of the Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.5 Changes to WorldWinner and/or Terms and Conditions
GSN reserves the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of WorldWinner or these Terms and Conditions, in whole or in part, at any time without further notice. For changes to these Terms and Conditions that we deem material, we will place a notice on Worldwinner by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for an amount of time that we determine in our discretion. If you access or use WorldWinner in any way after the Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on WorldWinner and will supersede all previous versions of these Terms and Conditions.
SECTION TWO – ELIGIBILITY, OBLIGATIONS & PLAYER CONDUCT
2.1.1 United States and Canada. To be eligible to register and open an account and/or participate in any tournament offered on WorldWinner , you affirm that you: (a) are a person at least 18 years of age; (b) own the e-mail address submitted on your account registration form; (c) are a legal resident of the United States or Canada (excluding the province of Quebec) with a U.S. or Canadian address and currently residing at the address of the eligible location; (d) are physically located within the U.S. or Canada (excluding Quebec) ; and (e) are physically located in a U.S. state or Canadian province in which participation with WorldWinner and/or in the tournaments you select in WorldWinner is unrestricted by law. VOID IN THE PROVINCE OF QUEBEC, CANADA.
2.1.2 Non-U.S. To be eligible to register and open an account and/or participate in any tournament offered in WorldWinner, you affirm that you: (a) are a person at least 18 years of age; (b) own the email address submitted on your account registration form; and (c) are physically located in a jurisdiction in which participation in a tournament you select is unrestricted and not prohibited by law; and (d) at all times abide by the Terms and Conditions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Non-U.S. mobile app players may not be able to make deposits to their account or participate in cash tournaments. Non-U.S. desktop and web mobile players may be prohibited from making deposits to their account and may be banned from participating in cash tournaments. All Non-U.S. players can always participate in warm-up tournaments.
You represent and warrant that all information you supply to GSN is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result in immediate termination of your account and forfeiture of any prizes or winnings. From time to time, GSN may request you provide updated and/or current account information and you agree to provide such information in a timely fashion.
2.2 Additional Persons Not Eligible
In addition to the restriction set forth in Section 2.1, the following persons are ineligible to receive any prize offered in WorldWinner: employees, officers, and directors of GSN, and its subsidiaries, affiliates and related companies and any other person with access to non-public information regarding the operation of any game or tournament offered in WorldWinner.
2.3 Location of Users
You are subject to all laws of the city, state, province and country in which you reside and from which you access WorldWinner. You are solely responsible for complying with those laws. Access to WorldWinner may not be legal for some or all residents in certain jurisdictions. You agree that GSN cannot be held liable if laws applicable to you restrict or prohibit your use of or participation with WorldWinner. GSN makes no representations or warranties, express or implied, as to the lawfulness of your accessing WorldWinner or participating in any tournament offered in WorldWinner. No person affiliated, or claiming affiliation, with WorldWinner has authority to make any such representations or warranties.
GSN reserves the right (but has no obligation to you) to monitor the location from which you access WorldWinner and to block access from any jurisdiction in which participation or access may be illegal or restricted. GSN may block access to players using proxy servers or any other method which is intentionally used in order to conceal a player’s true location. GSN may further block players if you are in a jurisdiction where Cash Competitions are restricted or if GSN is unable to accurately verify your location. We may require any participant receiving any prize to provide us with proof that you are, or at the time the subject tournament was played, eligible to participate according to the Terms and Conditions. If we monitor your access or participation with WorldWinner, we shall not be liable for the effectiveness of such monitoring. By accessing, using, downloading in any way any materials in WorldWinner browsing WorldWinner, creating an account and/or participating in any tournament or service offered by or through WorldWinner, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless GSN from any liability, claims, and damages (including attorneys' fees) arising out of or related to your violation of these Terms and Conditions.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws; GSN DOES NOT offer games requiring a cash entry fee ("Cash Competitions") to users accessing WorldWinner from the following states: Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee. Additionally, WorldWinner (a) DOES NOT offer card game Cash Competitions if you reside in, or access WorldWinner from, Indiana or Maine, and (b) only offers limited types of tournaments to users accessing WorldWinner from Arizona and Florida. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament offered in WorldWinner while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the Terms and Conditions and subject to having your account suspended or terminated. In addition, and without limiting any rights or remedies available to Us, in the event of any violation of the Terms and Conditions, all winnings (if any) may be voided, and in the event such winnings have already been withdrawn by you, recouped by Us, at our sole and absolute discretion.
APPLE IS NOT A SPONSOR OR PROVIDER OF WORLDWINNER TOURNAMENTS, CONTESTS, SWEEPSTAKES OR PRIZES. ALL TOURNAMENTS, CONTESTS, SWEEPSTAKES AND PRIZES ARE PROVIDED BY GSN.
It is the policy of GSN, and in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099-MISC or other appropriate form to any person who wins in excess of $600 (USD) on WorldWinner in any given year. Depending on the jurisdiction in which you reside, GSN may also send you W-9 and/or additional tax forms. We reserve the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. But, you remain solely responsible for complying with all federal and other tax requirements in completing such forms and for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
2.5 Information Required
Upon making your first cash deposit, you will be required to submit the following information: (i) an alias that will be your username; (ii) a password; and (iii) your e-mail address. GSN reserves the right, in its sole discretion, to change, suspend and/or terminate aliases as GSN deems fit. Upon establishing a positive WorldWinner account balance for entry fee tournaments, you are required to submit and maintain at all times the following current and correct information: (a) full name; (b) permanent physical residential address and a billing Zip Code in a jurisdiction in which participation in the tournament you select in WorldWinner is unrestricted by law; and (c) credit card or other payment information, which information and/or signing authorization may be verified by GSN (becoming a "Cash Player"). Credit cards or other payment methods must be associated with your personal information (not those of another individual and not associated with a business account). In addition, if your total winnings in WorldWinner in any given year reach $600 or more, GSN may request that you submit your social security number in order to send you an IRS Form 1099-MISC, or other appropriate form, as required by Internal Revenue Service or other jurisdiction’s tax regulations. Failure to provide your social security number at that time, or failure to complete any other tax documentation may result in tax withholding and/or GSN's inability to credit your account for any winnings in excess of $600. Each time you login wishing to participate in a Cash Competition, GSN will verify the location from which you are playing. In order to play for cash, you will be required to enable Locations Permissions on your mobile device while WorldWinner is in use. If you are in a location where Cash Competitions are restricted, you will not be able to compete in those competitions. Or, you may choose to play games in WorldWinner without ever depositing money into your account (a "Non-Cash Player").
2.6 Recommended Devices, System Requirements and Configuration
You understand that by participating in tournaments or warm-up tournament in WorldWinner, you may be playing against other players using different types of devices. GSN shall not be liable for damage that occurs or issues you may encounter if your device does not meet the minimum system requirements or as a result of playing against user of different types of devices. For mobile devices, GSN recommends a minimum iOS 8 on Apple devices and at least 1 GB RAM availability. Please see system requirements for desktop devices located at: Please see system requirements for mobile devices located at: https://gsnweb.zendesk.com/hc/en-us/articles/115002981703-What-devices-are-compatible-
The tournaments offered on WorldWinner will function best if your computer meets/exceeds the minimum system requirements located at the above mentioned URL. GSN shall not be held liable for damage that occurs or issues that are encountered if a Your device does not meet the minimum system requirements.
2.7 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament offered on WorldWinner, you acknowledge that all information contained in WorldWinner may be protected by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by GSN. GSN neither warrants nor represents that your use of materials displayed in WorldWinner will not infringe rights of third parties. GSN assumes no liability or responsibility for any errors or omissions in the content of WorldWinner.
Any communication or material you transmit to GSN by electronic mail or otherwise, including any data, questions, comments, suggestions, etc. will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by GSN or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, WorldWinner promotion, marketing and posting. GSN is free to use any ideas, concepts, know-how or techniques contained in any communication you send to GSN for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed in WorldWinner, are registered and unregistered Trademarks of GSN’s and/or others. Nothing contained in WorldWinner should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of GSN or such third party that owns the Trademark. Your misuse of any Trademark displayed in WorldWinner, except as provided in the Terms and Conditions, is strictly prohibited.
2.8 Promotional Activities
By registering for an account, you agree that GSN may display your username and tournament records. By accepting any prize from GSN, you agree to allow GSN to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
SECTION 3 – ACCOUNT MANAGEMENT
3.1 Limitations on Number of Accounts
You may establish only one account per person and only up to two accounts per device or IP or physical address, to participate in the activities offered on WorldWinner. Multiple accounts may not be created sharing the same name, email, credit card or PayPal account. GSN reserves the right to monitor all activities on WorldWinner, including any effort to establish multiple accounts. In the event GSN discovers that you have violated the number of accounts allowed, all additional accounts will be closed without notice and continued violation may result in the termination of any and all of your accounts and GSN may void any associated winnings to any or all of the account(s). GSN further reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
3.2 Credit Card Transactions and Game Credits
GSN may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on WorldWinner. GSN may also impose limitations on the net dollar amount you may lose or win on WorldWinner in any calendar month. Should your losses reach the designated limit, your play in the tournaments offered on WorldWinner may be restricted until the beginning of the next calendar month. GSN reserves the right to change these dollar amount limitations at any time in the GSN's sole and absolute discretion. GSN reserves the right to set expiration dates or other limits on all Game Credits. Game Credits are defined as any credit deposited by GSN into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits, prize credits and gift credits. GSN may void the Game Credit balance of any dormant account. A dormant account is an account that has been inactive for greater than six (6) months.
GSN may utilize Card.io technology to scan credit card information. “THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
3.3 Fraud and Abuse
Fraud and abuse relating to the access and use of WorldWinner is strictly prohibited. In accessing WorldWinner or participating in any activities, products or services offered by or through WorldWinner, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these Terms and Conditions; and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of WorldWinner. Users engaging, participating or displaying behavior that may be interpreted, in GSN's sole and absolute discretion, as the use of unfair methods in WorldWinner, including but not limited to:
(i) the opening and/or use of multiple accounts;
(ii) the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners);
(iii) intentionally poor play in certain games in order to achieve a broader competitive advantage;
(iv) collusion with other players;
(v) the deliberate transfer of money between accounts (i.e., "money laundering");
(vi) harassment of other participants;
(vii) posting of objectionable material;
(viii) any breach of the Terms and Conditions;
(ix) any breach of the security of your account or WorldWinner; or
(x) any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse")
may subject you to immediate consequences (as determined by GSN in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of WorldWinner access; (2) forfeiture of any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive; (3) disgorgement and/or recoupment of any prizes, winnings and representative of value already received by you; and (4) in the case suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. In the investigation of an alleged Abuse, GSN may request additional information from you. You agree to provide all reasonable and relevant information as requested by GSN. Without limiting any provision of the Terms and Conditions, GSN expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right to report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.
3.4 Account Maintenance Fee
An inactive Cash Player account is any account in which the user has not logged in or played any games (money or free) in six consecutive months. For any inactive Cash Player account that is inactive, GSN may assess a maintenance fee of $3.50 per month ("Monthly Maintenance Fee"). The Monthly Maintenance Fee is a real charge on your account's cash balance. The Monthly Maintenance Fee is only applicable to the funds that are in a player's account. If the account's cash balance reaches $0 (zero dollars), the Monthly Maintenance Fee will be suspended. GSN may, but is not obligated to, notify account owners via e-mail of their inactivity and the imposition of the Monthly Maintenance Fee.
3.5 Withdrawal Requests
Cash Players may request a withdrawal of funds from their available account balance at any time. Game credits cannot be withdrawn. Processing of requested funds back to a credit card or PayPal account may take up to seven (7) business days. GSN reserves the right to freeze a user's account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse by a user requesting withdrawal of funds. User’s failing to comply with an investigation of or found to have engaged in Abuse may have their winnings voided.
If a current credit card or PayPal account is not available to receive withdrawals, then a player may request to receive a withdrawal by check. Users are required to actively claim any check produced by a request for withdrawal of funds from their account. GSN reserves the right to assess a check request processing fee of $1.75 for any check request less than $10.00. Users may combine several checks that are less than $10.00 to produce a check greater than $10.00 for purposes of waiving the $1.75 check processing fee. Subject to GSN’s funds availability confirmation process, check requests are systematically processed and may take up to eight (8) weeks to process.
Checks not claimed within thirty (30) days from the date of the check will become void and the amount of the check will then be re-deposited back to your account.
If your account is closed by GSN for a violation of the Terms and Conditions, your winnings may be voided and not returned to you. In such an event, GSN, may use voided winnings to defray the costs of administration and enforcement of the Terms and Conditions or allocate such monies to secondary tournaments.
3.6 Account Deactivation for Non-Cash Players
An inactive non-cash player account is any account in which the user has not logged in or played any games in six (6) consecutive months (or such shorter time as GSN may announce in advance from time to time by sending written notice to the applicable non-cash player(s) using the contact information associated with the inactive account). GSN reserves the right to deactivate any inactive account without notice. If your account is deactivated in this manner, you may be contacted by GSN to encourage you to revisit WorldWinner. If you visit WorldWinner after your account is deactivated, you may be required to open a new account in order to play games.
3.7 Account Cancellation
You may cancel your account by contacting GSN at: https://gsnweb.zendesk.com/hc/en-us/requests/new?ticket_form_id=63746
Your account is not considered cancelled until you have received confirmation of such cancellation from GSN. You may not cancel your account to evade an investigation. If you do not agree to the terms of the GSN Policies, your sole remedy is to not use WorldWinner and to cancel your account. In some cases, cancellation of your account may be retracted by you, however, in other cases, cancellations may be permanent and not subject to retraction.
SECTION FOUR – TOURNAMENTS
4.1 Skill Matching
Our main goal is to provide tournaments that offer a competitive gaming experience that is fun, fair and exciting for all players. GSN has developed a unique matching system. The matching system takes into account many factors including but not limited to:
· How many games you have played
· How well you have played in specific competition types
· Average or highest scores
· Amount of money won/lost
· Availability of opponents of similar skill
For all competitions GSN ensures the game conditions are similar for all players within a specific competition. Player matching occurs before you play not after a score has been achieved in a tournament. A player’s skill level may differ for each game title. For more information on Skill Matching see: https://gsnweb.zendesk.com/hc/en-us/sections/201767556-Matching
4.2 Odds and Prizes
The results of all tournaments offered in WorldWinner depend on the number and skill levels of players participating. Precise odds of winning are therefore unavailable. The closing date and time of each tournament will depend on when it is initiated by the player and the length of time that it takes a player to play the tournament.
Prizes are generally cash amounts, which are deposited directly into winner’s account. The anticipated cash value of prizes offered in “Limited Entry Tournaments” (i.e., tournaments with a designated maximum and minimum number of players) will be disclosed at the beginning of each Limited Entry Tournament. The prize pool for each Limited Entry Tournament is based on the number of actual players in a Limited Entry Tournament. The cash value of prizes disclosed prior to the start of a Limited Entry Tournament is based on the maximum number of players participating in the Limited Entry Tournament. Winners of Limited Entry Tournaments will be paid a pre-determined percentage of the prize pool based on the player’s ranking at the close of the Limited Entry Tournament. In the event a Limited Entry Tournament closes before the maximum number of players is achieved, then (i) each winner will receive a percentage of the prize pool based on their final ranking at the close of the Limited Entry Tournament, which may differ from the anticipated cash values disclosed prior to the start of the Limited Entry Tournament; and (ii) GSN may reduce the number of winners to reflect the number of players that actually participated in the Limited Entry Tournament. If only two (2) or fewer players register for or participates in a Limited Entry Tournament, the Limited Entry Tournament may be cancelled and any entry fee paid by the player(s) will be refunded to the each player’s account. If a Limited Entry Tournament closes for maintenance or technical problems, the entry fee paid for the Tournament will be refunded. Except where otherwise noted, in all Tournaments with actual cash entry fees, GSN retains a predetermined portion of the aggregate total as a management and Tournament hosting fee.
4.3 Winners Lists
A preliminary list of winners will be posted in WorldWinner immediately following each Tournament. In the case of Tournaments with substantial prizes, as determined by GSN, posting of legally required winners lists may be delayed for up to five (5) business days while verification of the results takes place. Final winners will be posted following verification of winners.
4.4 Determination of Winners
The results and winners of each Tournament offered in WorldWinner will be determined by GSN, and such determinations are final. By registering and/or participating in any Tournament in WorldWinner, you agree to be bound by these determinations.
4.5 Game Rules
Rules for each specific game offered in WorldWinner can be found within the Tutorial and Game Rules for each game.
SECTION FIVE - LIMITATION OF LIABILITY
5.1 Unauthorized Charges
GSN 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 WorldWinner. If you wish to dispute a charge to your account, you must do so within 180 days of the alleged unauthorized charge(s) otherwise such a dispute will be deemed waived by GSN. Upon notification of a disputed charge, GSN may conduct an investigation to determine the amount, if any, considered unauthorized
Attempts to defraud GSN through the use of credit cards or other methods of payment, or your failure to honor legitimate charges or requests for payments may result in immediate termination of your account, forfeiture of prizes and/or civil and/or criminal prosecution.
5.2 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any Tournament offered in WorldWinner, you agree that GSN is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of WorldWinner or your account. You are responsible for the security of your account. If you give someone access to your account and they conduct a transaction without your knowledge or permission, you are responsible for any resulting use. Such transaction are not considered to be unauthorized by GSN.
Any attempt to gain unauthorized access to WorldWinner's systems or any account, interfere with procedures or performance of WorldWinner, or deliberately causing damage to or undermining WorldWinner, may subject you to civil and/or criminal prosecution and may result in immediate termination of your account and forfeiture of any prizes.
5.3 Accounts for Individual Use Only
You are solely responsible for all obligations relating to your account and for compliance with these Terms and Conditions. You are entitled to all benefits accruing to you as a result of being the account holder. You may not allow any other person to access your account, access WorldWinner, accept any winnings, or participate in any Tournament using your account. Your account is not transferable. By registering and/or participating in any Tournament offered in WorldWinner, you agree to indemnify, defend, and hold GSN harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
5.4 WorldWinner and Account Availability
GSN does not guarantee that WorldWinner or access to your account will be available at all times and/or in all geographic locations. GSN is not liable for any loss which may be caused by your inability to access WorldWinner or your account.
The App uses the MIT Unity editor tool. © 2016 Dmitriy https://github.com/marcellus00/visc/blob/master/LICENSE
SECTION SIX - MERCHANDISE PRIZES
6.1 General Disclaimer
Terms and Conditions for tournaments with merchandise prizes are the same as those for tournaments with Cash Competitions ("Cash Prize Tournaments"), with the following exceptions:
Players may request from GSN an offer of cash payment in lieu of any prize won, although GSN is under no obligation to grant such request. If GSN elects, in its sole discretion, to offer a cash payment in lieu of any prize won, GSN 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 GSN's cash offer, accept the original prize, or decline both and take nothing. GSN also reserves the right to credit the account of a merchandise prize winner with cash (the amount of which is in GSN's sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than thirty (30) days.
If a prize has become suddenly unavailable, if the player is outside the continental U.S. or if there are other difficulties in shipping, GSN has the right, in its sole discretion, to substitute the cash equivalent (determined by GSN's estimated cost to obtain the merchandise prize, and not the manufacturer's suggested retail price or any other price) for any merchandise prize. Players cannot return or exchange prizes that have already been sent for game or cash credits.
For all merchandise tournaments, a minimum number of user entries is required in order for the described prize to be awarded to the tournament winner. If the number of user entries falls below this minimum, then the prize will be a cash amount determined in GSN’s sole discretion.
In the event of a tie in any Cash Prize Tournament, the prize will be divided equally. However, in the event of a tie in a merchandise prize tournament, the player who posted the tying score first will be considered to have finished ahead of the other tying player(s). For example, if user X and user Y tie for 1st place with a score of 1500, and user X finished his/her game at 2:00pm, and user Y finished his/her game at 3:00pm, user X would win the 1st place prize, and user Y would win the 2nd place prize (if any).
As with our Cash Prize Tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer's Suggested Retail Price, or GSN’s acquisition price, at our discretion, will be used as the cash value of the merchandise prize. The value of the prize will be posted to your account as winnings, and will be deducted from your account as a withdrawal (corresponding to timing of the shipping of the merchandise). Thus, there will be no change in the dollar value of your account, but your year-to-date winnings will increase.
6.5 Delivery Time
All goods are shipped F.O.B. Origin, and GSN takes no responsibility for any damage incurred during shipping. Costs of shipping are borne by the user, and will be deducted directly from the user's account. In certain specifically disclosed merchandise tournaments, GSN may choose to bear the cost of shipping within the continental U.S., although GSN is under no obligation to do so.
In the case of merchandise covered by a manufacturer's warranty, the manufacturer and not GSN 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 GSN is not responsible for any defects, use or misuse or repairs. GSN makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
6.7 Travel Prizes
Prizes involving travel and tourism will require you to depart from one of the cities on a list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including, but not limited to, the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one (1) week of the initial request for such information, or the prize may be voided. GSN is not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor is GSN responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by third-party travel or tourism providers. GSN reserves the right to require users to sign a waiver and release of liability and related documentation as a condition of receiving any travel-related prize.
6.8 Other Prizes
For prizes requiring local, state or federal licensing or approval (e.g., a driver's license for an automobile), players must provide evidence of such licensing or approval and any other reasonably related information within one (1) week of the initial request for such information, or the prize may be voided.
SECTION SEVEN - WORLDWINNER REWARDS PROGRAM
7.1 Overview of the WorldWinner Rewards Program
The WorldWinner Rewards Program (the "Program") is a loyalty program sponsored by GSN, through which individuals can earn points ("Rewards Points") when individuals perform qualifying tasks or engage in qualifying activities.
The Program is void where prohibited by law. Only individuals eighteen (18) years and older may participate. The Program is open only to legal residents of the 50 United States except residents of Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee may not participate as Cash Players in the Program.
The following persons are ineligible to participate in the Program or receive a prize offered through the Program: employees, officers, and directors (and their immediate family members) of GSN, its subsidiaries, affiliates and related companies, and any other person with access to non-public information regarding the operation of any game or tournament offered on WorldWinner. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
Participation in the Program signifies the participant's full and unconditional agreement to the Terms and Conditions.
7.3 Enrolling in the Program
Individuals may enroll in the Program by setting up an account at http://www.WorldWinner.com (the "Website") or within the Worldwinner app. Each account will indicate the number of Rewards Points that have been earned and have not yet been redeemed or expired from that account.
7.4 Earning Rewards Points
In order to earn Rewards Points you must be in good standing and you must enroll in the Program as a Cash Player or a Non-Cash Player (Cash Players and Non-Cash Players are collectively referred to as "Players"). The tasks and activities that allow Players to earn Rewards Points will be announced on WorldWinner or in promotional materials and special offers and may include such things as registering on WorldWinner, completing your first game, completing a designated number of additional games within a certain time period, referring a friend, converting from being a Non-Cash Player to a Cash Player, entering tournaments, and/or participating in special events. More information about the Rewards Points can be found at: https://gsnweb.zendesk.com/hc/en-us/articles/207820903-What-are-Rewards-Points-
7.5 Duration of and Changes to the Program
GSN reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time, in whole or in part, and for any reason or no reason. Without limiting the generality of the foregoing, GSN reserves the right to modify, expand or limit the types of awards that are available in the Program, the awards that are available in general or available to Cash Players (i.e., individuals who have deposited cash into their GSN account) as opposed to Non-Cash Players, how Rewards Points are treated when Non-Cash Players convert to Cash Players with a Rewards Point balance in their account, the award schedule, the conversion ratio or levels that apply to Rewards Points being redeemed for "Redemption Partner Rewards" (as defined herein), the methods by which Players can earn Rewards Points, or any other aspect or feature of the Program at any time, in any manner, and without notice in its sole and absolute discretion. If the Program ends, all Rewards Points will expire automatically.
Each individual is responsible for the payment of all local, state and federal taxes, which may result from their participation in the Program.
GSN reserves the right to verify any Rewards Points account balance, and its decisions shall be final and binding and not subject to challenge or appeal. Rewards Points will not be awarded until after the verification process is complete. Rewards Points are void if GSN determines: (a) that they were not obtained in accordance with these Terms and Conditions and through legitimate channels; or (b) any part of the Rewards Points or accumulation of Rewards Points is counterfeit, altered, defective, tampered with or irregular in any way. Unverified Rewards Points will be removed from any account to which they may have previously been credited.
Each player is responsible for ensuring the accuracy of his/her Account. Players are encouraged to check their Rewards Statements to ensure that the correct number of Rewards Points have been accrued.
If a Player believes that Rewards Points were not properly accrued to his/her Account, the Player must notify GSN.by contacting GSN Player Services as indicated at the following: https://gsnweb.zendesk.com/hc/en-us
7.6 Expiration of Rewards Points
GSN reserves the right to void all Rewards Points in any inactive account. An inactive account is any account in which the Player has not logged in or played any games (money or free) in six (6) consecutive months (or such shorter time as GSN may announce in advance from time to time by sending written notice to the applicable Player(s) using the contact information associated with the inactive account).
7.7 Redeeming Rewards Points
Rewards Points have no cash value and are only redeemable for awards associated with the Program. Players may only redeem Rewards Points if they are enrolled as Cash Players in the Program, and GSN reserves the right to convert Rewards Points that are earned by Non-Cash Players into GSN Games Game Credits or other non-Rewards Point items when a Non-Cash Player converts to Cash Player status. Eligible Cash Players residing in the United States may redeem their Rewards Points for award codes or gift certificates that can be used to purchase merchandise on participating promotional partner (each, a "Partner") websites ("Redemption Partner Rewards"). Such redemption opportunities are subject to the terms and conditions specified by the applicable Partner. Players must comply with all terms and conditions of the Partner websites, including any shipping restrictions. Eligible Cash Players may also redeem Rewards Points for GSN Game Credits. Rewards Points will be associated with a Partner redemption level for which a Player can redeem his/her Rewards Points. Conversion rates between Rewards Points and Redemption Partner Rewards vary per Partner and participating Partner websites may change from time to time without notice.
Eligible Players who redeem their Rewards Points for Redemption Partner Rewards will receive a one-time code to apply against their orders at a selected Partner's website, physical gift certificate or merchandise. Players are responsible for the management of the Redemption Partner Rewards codes once they have been issued. GSN is not responsible for lost, missing, or expired Redemption Partner Rewards codes. Shipping, handling and sales tax are charged separately and are the responsibility of the participant. GSN is not responsible for merchandise shipped to participants by Partners and makes no representations and warranties with respect to such merchandise.
In instances in which items available through a Partner's website cost more than the amount associated with a Player's Redemption Partner Rewards, the Player will be responsible for the difference.
Rewards Points that are converted to Redemption Partner Rewards codes cannot be re-converted into Rewards Points.
It is the sole and exclusive responsibility of the users to ensure the completeness and accuracy of the e-mail address and physical address listed for redemption when placing any order in the Rewards Store. GSN is not responsible for any incomplete or inaccurate information supplied by users. Gift cards are sent by regular (physical) mail and may take up to four (4) weeks for delivery from initial redemption. Gift certificates are sent by e-mail and may take up to ten (10) days for delivery from initial redemption. Some Rewards Store vendors do not ship to P.O. Boxes.
Shipping, handling and sales tax are charged separately and are the responsibility of the user. GSN is not responsible for merchandise shipped to users by Rewards Store vendors and makes no representations and warranties with respect to such merchandise.
Some redemption items may have limited availability, and all redemption items are subject to availability and any other terms and conditions supplied by the Partner, merchant or party responsible for providing the redemption item.
7.8 Modifications of the Program
GSN reserves the right to modify any of the Terms and Conditions, including, but not limited to, the Partners in the Program, the duration of the Redemption Period, the amount of Rewards Points associated with Rewards Points earning opportunities, the actions through which Program participants may earn Rewards Points, the number of Rewards Points that may be redeemed through the Program, and any of the options made available to Players with respect to their accounts at any time, with or without notice, even though these changes may affect a Player's ability to accrue or use his/her Rewards Points.
GSN reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Player's ability to accrue or use his/her Rewards Points. Any Rewards Points remaining in a Player's account at the end of the Program will be forfeited without compensation.
Continued participation in the Program constitutes the participant's acceptance of any changes to the Terms and Conditions. Participants are responsible for remaining knowledgeable as to any changes that GSN may make to the Terms and Conditions. The most current version of the Terms and Conditions will be available at https://www.worldwinner.com/cgi/legal/terms.html and will supersede all previous versions of the Terms and Conditions.
7.9 General Terms and Conditions
GSN reserves the right to discontinue the privileges of any participant who engages in any fraudulent activity or Abuse or uses the Program in a manner inconsistent with the Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated Rewards Points and benefits. In addition to discontinuance of participation privileges, GSN shall have the right to take or seek appropriate administrative and/or legal action, including civil litigation and/or criminal prosecution, as it deems necessary in its sole discretion.
The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Rewards Points for combined use.
Rewards Points do not constitute property of a participant and may be revoked by GSN at any time. Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
GSN is not responsible for any incorrect or inaccurate information supplied by participant of the Program.
All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards Points, or a participant's compliance with the Terms and Conditions will be resolved by GSN in its sole discretion.
7.10 Limitation of Liability
By participating in the Program or any game, the participants acknowledge that technical processing and transmission of WorldWinner may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. GSN is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with WorldWinner, a game, the Program or utilized by the participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the WorldWinner or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GSN OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR ANY GAME OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF GSN IMPROPERLY DENIES A PARTICIPANT ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS. BY PARTICIPATING IN THE PROGRAM OR A GAME, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. None of GSN, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, or service providers, are responsible for any products or services offered on the Partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, GSN AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of participant and GSN Games in connection with the Program or a game, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
SECTION EIGHT - WORLDWINNER PREMIER CLUB PROGRAM
8.1 Overview of the WorldWinner Premier Club Program
The WorldWinner Premier Club Program ("Premier Club") is a type of frequent player program operated by GSN, through which individuals may obtain certain benefits each month after reaching a threshold of play on WorldWinner during the prior month. In addition to these Terms and Conditions, additional terms and conditions of the Premier Club are specified below.
8.2 Eligibility/Membership Tenure
Individuals will be eligible for enrollment in the Premier Club if they meet the eligibility requirements.
GSN reserves the right to change, add, or remove eligibility requirements for membership in the Premier Club in its sole discretion, at any time. GSN's decisions regarding eligibility for membership in the Premier Club are final and binding. GSN is not liable if a member loses eligibility status as a result of an investigation by GSN regardless of the outcome of the investigation.
Membership in the Premier Club signifies full and unconditional agreement to these Terms and Conditions.
8.3 Duration of Premier Club
GSN reserves the right to shorten, extend, modify, or cancel the Premier Club, in its sole discretion, at any time.
8.4 Rewards Store
Members of the Premier Club receive discounts on all merchandise then currently available in WorldWinner's rewards store ("Rewards Store"), based on their tier. GSN reserves the right to modify any discount given to Premier Club members in its sole discretion, at any time.
8.5 Beta Games
New Cash Competition games scheduled for full release on WorldWinner may first be made available to Premier Club members for a specified period of time. GSN reserves the right to limit or broaden the availability or release of any game, the amount of time any game is previewed by Premier Club members or to change this process in its sole discretion, at any time.
8.6 Exclusive FreePlay Tournaments
Members of the Premier Club are eligible to participate in the Daily Premier Club FreePlay Tournament, which is a daily tournament in which there is a cash prize but no required entry fee. Each Premier Club member will receive two (2) entries per tournament. The number of tournaments offered, the number of entries allowed per player per tournament, the duration of tournament(s) and any prizes are at the sole discretion of GSN and may be changed at any time. This is in addition to the daily FreePlay Tournament offered to all players.
8.7 A Personalized Multiplier
Members of the Premier Club have the opportunity to activate one 24-hour 5X, 10X, 15X, 20X, or other available multiplier ("Multiplier") based on their given tier. Members may choose when to activate the Multiplier. Once a Premier Club member activates the Multiplier during any calendar month, he/she cannot deactivate the Multiplier and such Multiplier will be active for twenty-four (24) hours from activation. The Multiplier does not apply to the following Rewards Point transactions: entries into Super Rewards Tournaments, Player to Player Challenges, Ladder Challenges, Ladder Awards (for holding a high position on a ladder), Rewards Point "bonuses" such as those given for weekly play and lifetime milestones. The Multiplier will not be in addition to other point multipliers that are active on WorldWinner. In the event two or more multipliers would appear to apply simultaneously, only the highest multiplier will be applied. GSN reserves the right to change the value of the Multiplier, the frequency with which the Multiplier may be activated, or cancel the Multiplier in its sole discretion, at any time.
NOTE: If your Premier Club multiplier is active when a site wide one begins, GSN will temporarily pause your clock. It will resume when the site wide multiplier ends - so you still get all 24 hours of your Premier Club multiplier benefit. Category or game-specific multipliers will not pause your clock, in which case only the higher of the two will be applied.
8.8 Dedicated Player Services
Player Services will strive to provide Premier Club members with priority e-mail support, including prompt and complete responses to e-mail inquiries. GSN Games reserves the right to change the prioritization of e-mail support for Premier Club members in its sole discretion, at any time.
8.9 Modifications and Termination of Premier Club
GSN reserves the right to modify these Terms and Conditions, including, but not limited to, Rewards Store vendor offerings, Rewards Store merchandise discounts, preview of Cash Competition games, exclusivity of FreePlay Tournaments; the value and use of the Multiplier, priority of e-mail support, and any other benefits made available to Premier Club members at any time, with or without notice.
GSN reserves the right to terminate the Premier Club at any time, for any reason, with or without notice.
A Premier Club member's continued membership in the Premier Club constitutes the Premier Club member's acceptance of any changes to the Terms and Conditions. Premier Club members are responsible for periodically reviewing the Terms and Conditions and remaining knowledgeable as to any changes that GSN may make to the Terms and Conditions. The most current version of the Terms and Conditions will be available at https://www.worldwinner.com/cgi/legal/terms.html and will supersede all previous versions of the Terms and Conditions.
8.10 General Terms and Conditions
GSN reserves the right to discontinue membership and any privileges of any Premier Club member who engages in any fraudulent activity or uses membership in the Premier Club in a manner inconsistent with these Terms and Conditions or any federal, state, local, laws or regulations. In addition to discontinuance of membership and any privileges, GSN shall have the right to take or seek appropriate administrative and/or legal action, including civil litigation and/or criminal prosecution, as it deems necessary in its sole discretion.
Premier Club membership is provided to individuals only. Corporations, associations or other groups may not become Premier Club members.
Any privileges conferred upon an individual as a Premier Club member may only be exercised by the individual upon whom such privileges are conferred and may not be transferred, assigned or exercised by any other individual. Premier Club membership does not entitle Premier Club members to any rights, benefits or privileges, except as expressly provided for by GSN and any such rights, benefits or privileges may be revoked by GSN at any time in its sole discretion.
GSN is not responsible for any incorrect or inaccurate information supplied by Premier Club members.
All questions or disputes regarding eligibility for the Premier Club, a Premier Club member's exercise of any privileges or a Premier Club member's compliance with these Terms and Conditions will be resolved by GSN in its sole discretion.
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