FreeMoneyGames

WELCOME TO NETWINNER.COM™

PLEASE SCROLL DOWN AND READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE REGISTERING OR OTHERWISE USING THE WEBSITE, PARTICIPATING IN ANY SWEEPSTAKES, PROMOTION OR GAME.

TERMS OF SERVICE AGREEMENT

WARNING: SOME GRAPHICS AND ANIMATIONS ON THE NETWINNER WEBSITE ARE INTENSE AND MAY CAUSE FAINTNESS, DIZZYNESS OR SEIZURES IN PERSONS PRONE TO SUCH OCCURANCES. PLEASE USE CAUTION WHEN VIEWING THE NETWINNER WEBSITE.

WARNING: NETWINNER PARTICIPANTS ARE KNOWN TO PLAY AND WIN FOR HOURS. IF YOU SUFFER FROM REPETITIVE MOTION, ARTHRITIS OR HAVE SYMPTOMS OF CARPAL TUNNEL, PLEASE CONSULT A PHYSICIAN BEFORE PLAYING NETWINNER.

You must carefully read, agree to and accept the terms and conditions contained in this Terms of Service Agreement (the "Agreement") before you can use the website www.netwinner.com (the "Website"), participate in any sweepstakes or promotion, play any game or claim any prize. If you do not agree to each and every one of these terms, you may not register, use the Website, enter any sweepstakes or promotion, play any games or win any prize.

PARTIES, ACCEPTANCE AND CONSIDERATION

The parties to this Agreement are You (the "Participant"), and NetWinner, L.L.C. (the "Company"). As used in this Agreement, the terms "We," "Our" and "Us" are used interchangeably to refer to the Company and the Website; the terms "You" and "Your" are used to refer to You, the Participant.
- 1.1
  Subject to Your acceptance of the terms and conditions set forth in this Agreement, as evidenced by Your registration or actual participation in any sweepstakes, promotion or game (becoming a "User"), the Company agrees to provide You access to all games, sweepstakes, promotions, contests and other services available at the Website (collectively the "Service").
- 1.2
  If You do not agree to the terms and conditions contained in this Agreement You are not eligible to win any prizes and You may not register and use the Website, participate in any sweepstakes or promotions, play any game or otherwise use the Service.
- 1.3
  By registering for and using the Website, participating in any sweepstakes or promotions, playing any game or otherwise using the Service You signify agreement to be legally bound and to abide by these Terms of Service just as if You had signed this Agreement.
- 1.4
  The Company reserves the right, in Our sole discretion, to change, modify, add or remove portions of this Agreement at any time. You agree to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the terms and conditions contained in this Agreement shall bind You to acceptance of those changes.
- 1.5
  If at any time You do not comply with this Agreement, We reserve the right to cancel Your account and terminate Your access to the Service, including the right to participate in any sweepstakes or promotion.
- 1.6
  If Company terminates Your account for non-compliance or breach of this Agreement, any unclaimed prizes or points earned shall immediately be forfeited without notice.
- 1.7
  In Our sole discretion, and without prior notice or liability, We may discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time the Service is available, (ii) adding, removing or modifying any sweepstakes, promotion, game, prize, points or other aspect of the Service, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use the Service.
- 1.8
  The Service is provided by Company and Company reserves the right, in Our sole discretion, to cancel the Service, or any part thereof, at any time and without notice.
- 1.9
  The Company is the sponsor and promoter for all sweepstakes and promotions offered through the Service on the Website.
- 1.10
  Void wherever prohibited or restricted by law. Please check Your local, state, federal and/or provincial laws to confirm Your ability to enter any sweepstakes promotion or game. Company shall not be responsible for Your violation of any applicable laws
NO PURCHASE NECESSARY
No purchase or online access fee is necessary to register and participate in any sweepstakes, promotion or otherwise use the Service. Some companies provide free internet access. Free internet access may also be available at Your public library. Some internet service providers such as Yahoo.com and Hotmail.com provide free email services. If You are unable to locate any of these free services, please contact customer support via email at support@netwinner.com.
ELIGIBILITY
- 3.1
  The Service and any promotions or contests are offered to legal citizens or residents of the United States of America and Canada only.
- 3.2
  You must be at least 18 years or older to play. By registering as a User, You represent that You are an individual person 18 years of age or older or otherwise of legal age to bind yourself to this Agreement.
- 3.3
  You must be a registered User with a currently valid, functional email address to participate in any sweepstakes or promotion, redeem any points or claim any prize. The receipt of emails from Company is required for Your participation in the Service and to claim any prizes. It is Your responsibility to check Your email before playing any game to verify eligibility. If Your email address does not meet these requirements, You will be given an opportunity to submit an alternate email address.
- 3.4
  You may not use any automated system or software of any kind to access the Service, enter any sweepstakes or promotions or play any game, including without limitation "robots," "spiders" and "offline readers." Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders or other proprietary methods to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases.
- 3.5
  Acceptable usage of the Service is defined as one Participant making Entries or otherwise playing one game in a single window or tab of a single web browser from one machine or computing device. It is a violation of these Terms of Service for a Participant to use more than one browser, tab, window, or other interface at a time for playing the game. The Company reserves the right to investigate and/or restrict Entries from any Participant who utilizes more than one interface in different windows, tabs, or multiple devices to display more than one interface at a time or to make multiple Entries.
- 3.6
  Any sweepstakes, promotions or contests in which money or money equivalent prizes are awarded may be void in the State of New York, State of Florida, Puerto Rico and the Province of Quebec. Residents of Florida and New York are eligible to participate in the Service and can win up to a maximum $5,000.00 per play; however, residents of New York and Florida are not eligible to enter any sweepstakes or promotions which have aggregate prizes valued at more than $5,000.00, including the NetWinner Sweepstakes, but may submit Entries for any individual sweepstakes or promotions where the total prize value offered is less than $5,000.00.
- 3.7
  Principals, employees, contractors, agents, respective parents, affiliates, subsidiaries, successors, and assignees of Company, its advertising agencies, companies involved in any sweepstakes or promotion, as well as family and household members of same, shall be ineligible to participate in any sweepstakes or promotion or otherwise use the Service and shall be ineligible to win any points or prize offered.
REGISTRATION
- 4.1
  New Participants must complete the registration form, agree to this Agreement, enter all required information and keep all required information up to date for any Entry to be valid.
- 4.2
  If You elect to register to use the Service and/or participate in any sweepstakes, promotion, game or contest, You understand and agree that You must: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate.
- 4.3
  In order to participate in any sweepstakes or promotion or otherwise use the Service, You must provide Your first and last name, Your gender, a currently valid, functional email address where You can receive communications and the zip code or postal code of Your location. Any email submitted shall be subject to verification by Company prior to acceptance. Company may, in Our sole discretion, require an affirmative verification by any User which may include the requirement to reply to a verification email from Company.
- 4.4
  Participants may only register one account per person. Prizes and points awarded may not be combined between multiple accounts or transferred in any way. Company reserves the right to terminate the account(s) of and disqualify any Participant who registers or plays the NetWinner Sweepstakes with a) more than one account, or b) any other account not originally registered and/or belonging to You. If a Participant's account(s) are terminated under this Section all prizes and points awarded shall be immediately forfeited.
- 4.5
  In Our sole discretion or as required by law, the Company may from time to time require You to provide additional information to verify Your identity before any prize or points may be awarded.
- 4.6
  You are responsible for updating Your Registration Data should there be a change. You can do so by editing Your "My Account" page located on the Website here
- 4.7
  Incorrect, invalid or inaccurate information supplied in Your Registration Data or found on Your "My Account" page will constitute a breach of this Agreement and will be cause for disqualification and account termination. Any Participant who is disqualified for providing false information will be ineligible to claim any prize or redeem any points and further, will cause any subsequent entries by that disqualified Participant to be void and ineligible for any prize. Any unclaimed prizes or points will be forfeited if a Participant is disqualified.
- 4.8
  Registration or Entries which are completed or entered by other than human means, any use of bots, software, mechanical device or any use which is otherwise not in compliance with this Agreement will be cause for disqualification and account termination and the Participant ineligible for future participation.
- 4.9
  Participants are responsible to read and understand all documents which apply to any sweepstakes, promotion or game before participating. All Official Rules, Prize Payout or other documents specifically referred to in this Agreement are hereby incorporated by reference as if contained herein. More on our rules can be found here
REFER A FRIEND PROGRAM
- 5.1
  The NetWinner "Refer a Friend" program is offered to all User's of the Service.
- 5.2
  You may refer as many friends as you choose (the "Referral" or "Referrals") and you will be credited with an amount equal to ten (10%) percent of the winnings of any Referral (the "Referral Bonus"). The Company reserves the right to change the Referral Bonus amount, in Our sole discretion, at any time and without notice. Should the Referral Bonus be changed, the new Referral Bonus will be posted in this Terms of Service and Your continued Referrals, play or participation in the Service will constitute acceptance.
- 5.3
  In order to qualify for the Referral Bonus, Your Referrals must make a minimum of 100 Entries each into the NetWinner Sweepstakes. The number of Entries required to qualify for the Referral Bonus may be changed, in Our sole discretion, at any time and without notice. Should the number of Entries required to qualify for the Referral Bonus be changed, the new number of Entries required to qualify for the Referral Bonus will be posted in this Terms of Service and Your continued Referrals, play or participation in the Service will constitute acceptance.
- 5.4
  All referrals made by a Participant must be for separate and verifiable individuals of legal age to participate in the service. The Participant is responsible for all information provided in the referral process. The Company reserves the right to request identification at any time on referrals that are questionable. If such identification is not provided or not within the standards required, the associated referral shall be deemed invalid. Any referrals which are deemed by the Company, in its sole discretion, to be a violation are grounds for the disqualification and account termination of the Referrer along with any Referral Bonus(es) or prize award(s) being forfeited.
- 5.5
  Any account which is deactivated due to inactivity pursuant to these Terms of Service will forfeit any Referral Bonus awarded.
PRIVACY POLICY
Any information provided to Company will be stored and used to communicate with Participants in relation to the Service. Company may also share this information with partners who may contact Participants at a future date about new products and services Company believes Participants will find of interest. For complete details, see http://www.freemoneygames.net/privacy.html on the Website.
NETWINNER SWEEPSTAKES
- 7.1
  The NetWinner Sweepstakes: The NetWinner Sweepstakes is a combination of nine (9) individual sweepstakes operating simultaneously.
- 7.2
  At the start of the NetWinner Sweepstakes each individual sweepstakes game will have at least one (1) random number sequence generated consisting of nine (9) digits each.
- 7.3
  During certain promotional periods, as may be offered in Company's sole discretion, there may be additional random number sequences generated for individual sweepstakes games within the NetWinner Sweepstakes which will increase the Participant's chances of winning for that particular sweepstakes.
- 7.4
  Unless otherwise prohibited by law, You are automatically entered into each of the individual sweepstakes by entering the NetWinner Sweepstakes. If the laws applicable to You prohibit or limit the amount or frequency of any prizes then Your Entry will be submitted only for allowable and legal sweepstakes, if any.
- 7.5
  To enter, You must select four (4) double-digit numbers (00 - 99) and one (1) single-digit bonus number (0 - 9). You may select Your numbers by using the keypad or mouse. Alternatively, You may use the "Quick Pick" feature to have numbers randomly selected for You.
- 7.6
  Once You have selected Your numbers, You must submit Your Entry by clicking the "WIN!!!" button to be matched against each of the winning number sequences for the individual sweepstakes which comprise the NetWinner Sweepstakes.
- 7.7
  You may submit an Entry to the NetWinner Sweepstakes once every twenty (20) seconds, as allowed by the graphical user interface, for as long as You choose during the time in which the NetWinner Sweepstakes is open.
- 7.8
  In order to win, the numbers You submit with Your Entry must be in the exact same order and placement as the winning number(s) in one of the winning number sequences. All matching begins with the first digits of Participant selected numbers and the pre-selected winning number sequences.
- 7.9
  Immediately upon submission, Your Entry will be matched against each of the winning number sequences starting with the Jackpot Game sequence and continuing in descending order finishing with the Game 9 sequence.
- 7.10
  A Participant may only win one individual sweepstakes with each Entry. All matching stops when a Participant first matches a potential winning number combination.
- 7.11
  During any time period in which the NetWinner Sweepstakes is available, if a winning random number sequence is selected and entered for any individual sweepstakes a new random number sequence with the same amount of digits will be generated instantly for that specific sweepstakes. Winning numbers will be shown on the website here.
- 7.12
  If Your Entry is a winner, You will be shown a message on the Website indicating which sweepstakes You have won. Notwithstanding anything contained herein to the contrary, no winning number sequence shall be eligible for the award of any prize prior to fraud checks and verification of Participant eligibility. You must follow all rules and instructions related to the claiming of any prizes as may be published on the website or provided to You by email upon winning.
- 7.13
  If You correctly match any of the numbers You submit with Your Entry, in the exact sequential placement and order, against the pre-selected winning number sequences, You will win a prize pending eligibility verification and compliance with these Terms of Service. Participants from Canada will also be given a mathematical skill-testing question (see CLAIMING PRIZES AND PAYOUT below) which must be answered correctly before they will be eligible for any prize.
- 7.14
  Each Entry will be assigned a unique Transaction Number. Each Prize-winning event will also be assigned a unique Transaction Number. Depending on which promotion You win, a Prize Confirmation Email may be sent to You containing Your unique Transaction Number (see CLAIMING PRIZES AND PAYOUT below). You must keep this Transaction Number in order to claim any prize.
- 7.15
  You must provide your Transaction Number, in order to claim certain prizes as may be further described in any Prize Confirmation Email.
- 7.16
  You must have a currently valid, functional email address entered on Your "My Profile" page in order for Us to send You a Prize Confirmation Email. Failure or inability to accept Your Prize Confirmation Email may result in forfeiture of Your prize.
- 7.17
  If for any reason any part of the Service, including but not limited to the software which operates the various games, the NetWinner Sweepstakes or the internet portion of the Service, is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, electrical or technical failures or any other causes beyond the control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Service or the NetWinner Sweepstakes, Company reserves the right, in Our sole discretion, to cancel, terminate, modify or suspend the Service, or any part thereof, and to disqualify any Participant who tampers with the entry process or the Service in any way.
- 7.18
  In order for an account to remain active a Participant must make an Entry into the NetWinner Sweepstakes at least once every one hundred eighty (180) days.
- 7.19
  Should the NetWinner Sweepstakes or any part of the Service be terminated for any reason, notice will be posted on the Website.

GAME PLAY DESCRIPTION AND STANDARD ODDS CHART

Game	Ways to Win	Payoff	Standard Odds
Jackpot Game Ways to Win ● ● ● ● ●	Match all four double-digit numbers in sequential order plus the Bonus Ball. You must exactly match all four double-digit numbers from Your Entry with all four double-digit numbers from the Game 1 winning number sequence in the same place, plus the Bonus Ball from Your Entry must match the last number from the Game 1 winning number sequence. This means You win if You match all four balls from Your Entry exactly, in the same order and position, with all four balls from the Game 1 winning number sequence, plus you must exactly match the Bonus Ball as well. There is exactly one possible winning number in Game 1.	Progressive Jackpot	1 in 1,000,000,000
Game 2 Ways to Win ● ● ● ● ○	Match all four double-digit numbers in sequential order. You must exactly match all four double-digit numbers from Your Entry with all four double-digit numbers from the Game 2 winning number sequence in the same place. This means You win if You match all four balls from Your Entry exactly, in the same order and position, with all four balls from the Game 2 winning number sequence. There is exactly one possible winning number in Game 2.	$50,000	1 in 111,111,111.11
Game 3 Ways to Win ● ● ● ○ ● ● ● ○ ● ● ● ○ ● ● ● ○ ● ● ● ●	Match any three double-digit numbers in sequential order plus the Bonus Ball. You must exactly match any three double-digit numbers from Your Entry with any three double-digit numbers from the Game 3 winning number sequence in the same place, plus the Bonus Ball from Your Entry must match the last number from the Game 3 winning number sequence. This means You win if You match any three balls from Your Entry exactly, in the same order and position, with three balls from the Game 3 winning number sequence, plus you must exactly match the Bonus Ball as well. There are exactly four possible winning numbers in Game 3.	$250	1 in 2,525,252.53
Game 4 Ways to Win ● ● ● ○ ○ ● ● ○ ● ○ ● ○ ● ● ○ ○ ● ● ● ○	Match any three double-digit numbers in sequential order. You must exactly match any three double-digit numbers from Your Entry with any three double-digit numbers from the Game 4 winning number sequence in the same place. This means You win if You match any three balls from Your Entry exactly, in the same order and position, with three balls from the Game 4 winning number sequence. There are exactly four possible winning numbers in Game 4.	$25	1 in 280,583.61
Game 5 Ways to Win ● ● ○ ○ ● ● ○ ● ○ ● ● ○ ○ ● ● ○ ● ● ○ ● ○ ● ○ ● ● ○ ○ ● ● ●	Match any two double-digit numbers in sequential order plus the Bonus Ball. You must exactly match any two double-digit numbers from Your Entry with any two double-digit numbers from the Game 5 winning number sequence in the same place, plus the Bonus Ball from Your Entry must match the last number from the Game 5 winning number sequence. This means You win if You match any two balls from Your Entry exactly, in the same order and position, with two balls from the Game 5 winning number sequence, plus you must exactly match the Bonus Ball as well. There are exactly six possible winning numbers in Game 5.	5000 Points	1 in 17,005.07
Game 6 Ways to Win ● ● ○ ○ ○ ● ○ ● ○ ○ ● ○ ○ ● ○ ○ ● ● ○ ○ ○ ● ○ ● ○ ○ ○ ● ● ○	Match any two double-digit numbers in sequential order. You must exactly match any two double-digit numbers from Your Entry with any two double-digit numbers from the Game 6 winning number sequence in the same place. This means You win if You match any two balls from Your Entry exactly, in the same order and position, with balls from the Game 6 winning number sequence. There are exactly six possible winning numbers in Game 6.	500 Points	1 in 1889.45
Gane 7 Ways to Win ● ○ ○ ○ ● ○ ● ○ ○ ● ○ ○ ● ○ ● ○ ○ ○ ● ●	Match any one double-digit number in sequential order plus the Bonus Ball. You must exactly match any one double-digit number from Your Entry with any one double-digit number from the Game 7 winning number sequence in the same place, plus the Bonus Ball from Your Entry must match the last number from the Game 7 winning number sequence. This means You win if You match any ball from Your Entry exactly, in the same order and position, with a ball from the Game 7 winning number sequence, plus you must exactly match the Bonus Ball as well. There are exactly four possible winning numbers in Game 7.	100 Points	1 in 257.65
Game 8 Ways to Win ● ○ ○ ○ ○ ○ ● ○ ○ ○ ○ ○ ● ○ ○ ○ ○ ○ ● ○	Match any one double-digit number in sequential order. You must exactly match any one double-digit number from Your Entry with any one double-digit number from the Game 8 winning number sequence in the same place. This means You win if You match any ball from Your Entry exactly, in the same order and position, with the same ball from the Game 8 winning number sequence. There are exactly four possible winning numbers in Game 8.	25 Points	1 in 28.63
Game 9 Ways to Win ○ ○ ○ ○ ●	Match the Bonus Ball. You must match the last number from your Entry (the "Bonus Ball") with the last number from the Game 9 winning number sequence.	1 Entry	1 in 10.41

PRIZES
Prizes awarded for each individual game which comprises the NetWinner Sweepstakes and any other game available through the Service are listed in the Section entitled GAME PLAY DESCRIPTION AND STANDARD ODDS CHART above and may also be found here and are subject to change without notice in the sole discretion of Company. If any prize is changed, a prize of substantially equal value will be substituted in its place. Notification of a winning Entry will be made subject to this Agreement and any Prize Payout Rules as may be applicable.
CLAIMING PRIZES AND PAYOUT
- 10.1
  If You submit a winning Entry a notice of winning will be displayed on the screen and a message will be sent to Your "My Messages" page. For Game 5, Game 6, Game 7, Game 8 and Game 9, prizes will be automatically awarded and points deposited in the Participant's account.
- 10.2
  If you win the Jackpot Game or Game 1, Game 2, Game 3 or Game 4, a Prize Confirmation Email will be generated containing further information related to claiming prizes. Notwithstanding anything contained herein to the contrary, the Prize Confirmation Email is the only official and valid method for notification of prize winnings for the Jackpot Game or Games 1, 2, 3 and 4. The receipt of emails is required for Your participation in any sweepstakes or promotion and to claim prizes won using the Service.
- 10.3
  If a Participant receives notice on the Website of a winning Entry in the Jackpot Game, Game 1, Game 2, Game 3 or Game 4, the Participant must check the email address entered in the Participant's profile to determine if they are a prizewinner and how to claim any prize. Notwithstanding anything contained herein to the contrary, If you receive a notice of winning on the Website for the Jackpot Game, Game 1, Game 2, Game 3 or Game 4, You are responsible for checking Your email to see if You have won and how to claim the prize.
- 10.4
  You must follow all instructions within the Prize Confirmation Email to claim any prize You may have won. Return of any Prize Confirmation Email as undeliverable which includes, but is not limited to, blocking of Company emails sent to Participant's email address by Participant, Participant's email service provider or any other third party, failure of email service provider to deliver email from Company, incorrect email address or unrecognizable domain, may result in disqualification.
- 10.5
  If You receive a Prize Confirmation Email because You are a prizewinner of the Jackpot Game, Game 1, Game 2, Game 3 or Game 4, You must respond with Your Entry Transaction Number, Your name and any other information requested in the instructions of your Prize Confirmation Email. Please note, each sweepstakes may have different instructions and required information such as the requirement for a 1099 form for Participants from the United States who win over $600 in any one year.
- 10.6
  If You are a prizewinner of the Jackpot Game, Game 1, Game 2, Game 3 or Game 4, the Transaction Number in Your Prize Notification Email and name on Your photo identification must match the Transaction Number of the winning Entry and the information of Your Profile in Our database before a prize will be awarded. In the event of a dispute, the information in Our database will govern. Entries will be deemed made by the person whose name was given in the registration process.
- 10.7
  Once a prize claim has been verified and all required information has been matched, winners of prizes with a value in excess of $25 may receive additional instructions by mail.
- 10.8
  Before claiming any prize with a value of $25 or more, potential winners may be required to furnish photo identification as proof of identity, which may include a driver's license, passport, military ID or similar government issued identification. Such proof must match the information provided to Company as contained in Your Profile. Failure to provide valid photo identification shall result in forfeiture of any prize and any Entry by that Participant shall be deemed null and void.
- 10.9
  Before claiming any prize with a value of $25 or more, potential winners may be required to sign an Affidavit of Eligibility with a release of liability and grant of publicity rights, including, but not limited to, the use of winner's name, hometown and photograph without additional compensation (where lawful). If notified by Company that an Affidavit of Eligibility is required, the Affidavit of Eligibility must be signed, witnessed, notarized and returned to Company within fourteen (14) days of receipt, or any prize will be forfeited and the potential winner will be disqualified.
- 10.10
  Each winner's name, likeness, city and country of residence may be shown on the Website at the sole discretion of Company.
- 10.11
  If a dispute arises regarding who submitted an online Entry, the Entry will be deemed submitted by the person in whose name the Entry was made. Although it is virtually impossible to submit simultaneous multiple winning Entries, if multiple Entries contain a correct winning number sequence, any prize will be divided evenly among all correct entries pending eligibility verification.
- 10.12
  No substitution, transfer, assignment or any other type of conveyance of prizes is permitted. Upon death or incapacity of a Participant, any unclaimed points or prizes shall be forfeited.
- 10.13
  Any Entry that matches the Jackpot Game, in exact sequential order, may win a prize consisting of no less than one million ($1,000,000) dollars, currency of the United States, pending verification of Participant's eligibility, which shall be paid to the winner as an annuity in the amount of $50,000 per year for 20 years and then one lump sum payment of any remaining balance in year 21.
- 10.14
  The Jackpot is only paid to the winner during his/her lifetime and cannot be assigned, transferred or inherited by heirs or any other person.
- 10.15
  All other winnings are usually paid within ninety (90) days of verification. In some cases, processing delays, verifications, fraud reviews, or delays from unforeseen business events may delay payments beyond ninety (90) days.
- 10.16
  In compliance with Canadian law, if a Canadian resident wins any of the individual sweepstakes offered, he/she will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be administered by email. If the Canadian resident does not claim their prize or cannot be contacted and the skill test administered within 7 business days of submission of a winning Entry, the prize shall be forfeited. Failure to correctly answer the skill test question shall result in prize forfeiture.
- 10.17
  Winners, with any acceptance of a prize, agree to release the Company, its parent, subsidiary and affiliated businesses and each of their officers, directors, shareholders, managers, members, independent contractors, employees, advisors, assignees, agents, licensees, representatives and any other person or entity associated with the NetWinner Sweepstakes or the Service from any and all liability claims or actions of any kind whatsoever for injuries, damage or losses to persons and property which may be sustained in connection with the receipt, enjoyment, ownership or use of the prize.
- 10.18
  Failure to respond to a Prize Confirmation Email and claim the prize within fourteen (14) days of win date, as may be posted on the Website, shall result in forfeiture of any prize won. Any winning Entry with an unclaimed prize fourteen (14) days after win date shall be deemed null and void and shall be forfeited.
- 10.19
  Company reserves the right to fully audit Your participation in the sweepstakes and conduct fraud checks before payment of any prize in order to determine the validity of the Entry, identification of the Participant, and compliance with these Terms of Service
- 10.20
  As part of the Company's fraud control process, redemptions for cash or prizes require that You provide by email or fax a legible photocopy of an accepted government issued photo identification card (e.g., driver's license, passport, ID card) that includes at a minimum, the following information: photo, name, date of birth, current address. Any other personal information (e.g., license number, passport number, social security number) may be marked out.
FRAUD CONTROLS
- 11.1
  The Company monitors all sweepstakes, promotions and game play on the Service for fraud and employs various proprietary fraud screenings to ensure the fairness of all games, including the NetWinner Sweepstakes.
- 11.2
  Before a Participant can claim any Prize, the winning Entry will be analyzed for fraud and the Company, in Our sole discretion, shall determine if any winning Entry is the result of fraud or non-compliance with these Terms of Service.
- 11.3
  If fraud is detected then Company shall have the right to withhold any distributions of winnings, terminate Agreement, or take any other action that Company determines is necessary, in Our sole discretion. Further, Company reserves the right to take legal action to enforce any right or seek any remedy available at law.
- 11.4
  Company may publish any findings regarding fraud on its Website.
TAXES
You understand, accept and agree that Taxes on winnings, if any, are Your sole responsibility. Winners who accumulate prizes with a value in excess of six hundred ($600) U.S. dollars will be required to submit additional documentation for tax purposes before any prize will be awarded. Where the winner is not a resident of the United States, Company may withhold from the cash prize an amount it deems necessary to meet applicable taxes.
INTELLECTUAL PROPERTY
- 13.1
  You acknowledge the Service, including but not limited to the sweepstakes, promotions, games and the forums, contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or here after developed.
- 13.2
  All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
- 13.3
  "NetWinner," "You Play, We Pay," "NetWinner Sweepstakes," including the name and logo, are trademarks of Company. All other trademarks appearing on the Service are trademarks of their respective owners.
- 13.4
  Company's partners may also have additional proprietary rights in the Content which they make available through the Service.
- 13.5
  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
- 5136
  Modification of the Content or use of the Content or any materials contained therein for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited.
COMMUNITY STANDARDS
- 14.1
  You acknowledge all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means You are entirely responsible for all Content You post, email or otherwise transmit via the Service.
- 14.2
  Company does not monitor or control all of the Content posted or otherwise transmitted through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
- 14.3
  You understand and agree by using the Service, You may be exposed to Content which is offensive, indecent or objectionable to You.
- 14.4
  Under no circumstances will Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content displayed, posted, emailed or otherwise transmitted through the Service.
RESTRICTIONS ON USE OF MATERIALS
- 15.1
  Any attempt by any person to deliberately damage the Website or undermine legitimate operation of the Service, or any element thereof, including any sweepstakes and promotions, is a violation of criminal and civil laws. Company reserves the right to seek damages from any such person to the fullest extent permitted by law.
- 15.2
  In order for Company to protect the quality of its products and services, You hereby consent to Company employees access to Your account and records, including Your Profile, on a case by case basis to investigate complaints or other allegations or abuse. Company shall not disclose the existence or occurrence of such an investigation unless required by law.
- 15.3
  You agree to not use the Service (including the NetWinner Forums described below) to:
  - 15.3.1
    upload, post, email or otherwise transmit any Content which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable;
  - 15.3.2
    harm minors in any way;
  - 15.3.3
    impersonate any person or entity, including, but not limited to, a Company official, forum moderator, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  - 15.3.4
    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or messages transmitted through the Service;
  - 15.3.5
    upload, post, email or otherwise transmit any Content You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  - 15.3.6
    upload, post, email or otherwise transmit any Content which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  - 15.3.7
    upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas, if any, clearly designated for such purpose;
  - 15.3.8
    upload, post, email or otherwise transmit any material containing executables, software viruses, Trojans, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  - 15.3.9
    disrupt the normal flow of dialogue, cause a screen or components of the Website to "scroll" or move faster than other users of the Service or forums are able to type, or otherwise act in a manner negatively affecting other users' ability to engage in real time exchanges;
  - 15.3.10
    interfere with or disrupt the Service, Company's servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  - 15.3.11
    intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, Canadian securities regulation entities, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange the NASDAQ or the Toronto Stock Exchange, and any regulations having the force of law;
  - 15.3.12
    "stalk" or otherwise harass another member or user of the Service; or
  - 15.3.13
    collect or store personal data about other Participants, users, or members.
CONDUCT IN FORUMS
- 16.1
  A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the Service.
- 16.2
  The Forums shall only be used in a non-commercial manner.
- 16.3
  You shall not, without Company's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
- 16.4
  You shall remain solely responsible for the Content of Your messages.
- 16.5
  All Forum communications, including chat and bulletin board communications are public and not private communications.
- 16.6
  Although Company reserves the right to remove without notice any Forum posting for any reason, We have no obligation to delete Content You may find objectionable or offensive.
- 16.7
  By uploading materials to any Forum or submitting any materials to Us, You represent and warrant You are the owner or license holder of such materials and You automatically grant (or warrant the owner of such materials has expressly granted) Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, You warrant all so-called "moral rights" in those materials have been waived.
- 16.8
  Your privilege to use the Forums and contribute to discussions on the Forums depends on Your compliance with the member conduct guidelines set forth herein.
- 16.9
  Company may revoke Your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to Our attention. Further, Company, in its sole discretion, may terminate Your membership or participation in any community, chat room or other Forum for any reason.
- 16.10
  Company does not actively monitor Forum use. However, Company expressly reserves the right to monitor some, all, or no areas of the Forums for adherence to these or other rules that may be published from time to time.
- 16.11
  You understand and agree, by providing You with the ability to publish and otherwise distribute Your content, Company is acting as a passive conduit for such distribution and Company is not monitoring or otherwise undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.
SUBMISSIONS
- 17.1
  Any Content (e.g., postings to chat, boards, or contests), creative suggestions, ideas, notes, drawings, or other information submitted or posted (collectively, the "Submissions"), shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions.
- 17.2
  Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
THIRD PARTY LINKS
- 18.1
  The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, You acknowledge and agree Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
- 18.2
  In addition, Company makes no guarantees as to any websites or information located worldwide throughout the Internet to which You may access as a result of the use of the Service, including as to: (i) the accuracy, currency, content, or quality of any such websites and information, or (ii) whether any search using the Service may locate unintended and objectionable content.
- 18.3
  You further acknowledge and agree Company 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 Content, goods or services available on or through any such site or resource.
MODIFICATION OF TERMS
Company reserves the right, at Our sole discretion, to change, modify, add, or remove portions of this Agreement or any other rules or regulations related to use of the Service at any time. Your continued use of the Website or any part of the Service, entry in any sweepstakes or promotion, or Your continued acceptance of Our email following the posting of changes to this Agreement or any other rules or regulations related to use of the Service will signify Your acceptance of the changes. Please check this page frequently for any changes.
AVAILABILITY OF SERVICE
Company uses diligent efforts to maintain the Service and all sweepstakes, promotions and games, but Company is not responsible for any defects or failures associated with the Service or any games, including but not limited to the NetWinner Sweepstakes, or any damages (such as lost profits or other consequential damages) which may result from any such defects or failures.
DISCLAIMERS

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
- 21.1
  THE SERVICE AND ALL GAMES, INCLUDING BUT NOT LIMITED TO THE NETWINNER SWEEPSTAKES, ARE PROVIDED 'AS IS' AND YOU USE THE SERVICE AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 21.2
  WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THE SERVICE WILL MEET YOUR REQUIREMENTS, OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY MAKES NO WARRANTY THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- 21.3
  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 21.4
  NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM COMPANY PERSONNEL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.
- 21.5
  DISCLAIMERS REGARDING FINANCIAL INFORMATION
- 21.6
  DISCLAIMER REGARDING SHOPPING RETAILERS
  - 21.6.1
    The Company does not engage in retail sales or direct commerce with the public. The Company provides services which can help You locate and potentially purchase products from online and offline retailers. Company does not, however, control these independent retailers and Company does not provide any assurance, warranty or guarantee of any kind You will be satisfied with their products or services.
  - 21.6.2
    When shopping by means of services provided by Company You acknowledge and agree:
    - 21.6.2.1
      Company does not endorse any of the products or services ("Merchandise") linked to, from or through the Service, nor has Company taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Company, Our Website or their websites.
    - 21.6.2.2
      Company expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party. We advise You to exercise discretion and investigate as You deem necessary before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
- 22.1
  NO LIABILITY FOR LOSS. YOU EXPRESSLY UNDERSTAND AND AGREE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR PARTICIPATE IN THE NETWINNER SWEEPSTAKES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR OPERATION OF THE NETWINNER SWEEPSTAKES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 22.2
  Company is not responsible for incorrect or inaccurate transcription of entry information, for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, theft, destruction, unauthorized access to or alteration of Entries, for line failures or other failures of any telecommunications network, server, providers, computer equipment, software or any combination thereof, for inability to access any web site or online service or any other error or malfunction, or for late, lost, illegible, misdirected or incomplete Entries which may limit a Participant's ability to participate.
- 22.3
  Company is not responsible for any injury or damage to Participant's computer or any other person's computer related to or resulting from participation or downloading any materials from the Service.
- 22.4
  Company is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed software transmissions or any mistake in the printing of these Terms of Service or failure to make email notifications, if any, to Participants.
- 22.5
  The Company expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of any prize awarded.
INDEMNITY
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities which occur under Your account including all communications and any redemption or collection of prizes. You agree to indemnify, defend and hold harmless Company, its parents, affiliates and subsidiary companies, officers, directors, managers, members, independent contractors employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Service or play of any game including, but not limited to, the NetWinner Sweepstakes, Your violation of these Terms of Service or any other applicable agreement or your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Company of any unauthorized use of Your account or any other breach of security known to You.
GOVERNING LAW
This Agreement and Your use of the System, including the play of any game, are governed by the laws of North Carolina and the United States. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or any Official Rules, or the rights and obligations of You and Company in connection with your participation in the Service or play of any game, including but not limited to the NetWinner Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of North Carolina or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of North Carolina.
DISPUTES
- 25.1
  You agree any and all disputes, claims, and causes of action arising out of or in connection with the Service or any game, including but not limited to the NetWinner Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action.
- 25.2
  Subject to the provisions of this Terms of Service , any and all disputes as to the interpretation of, or any performance under, this Agreement which are not first resolved informally shall be determined by binding arbitration in Charlotte, North Carolina, in accordance with the commercial arbitration rules and procedures of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry of judgment by any court of competent jurisdiction, provided such judgment does not conflict with the terms and provisions hereof. Only the statutory and common law of the State of North Carolina and the United States shall limit the jurisdiction of the arbiter(s) with respect to legal matters.
- 25.3
  If, for any reason, any matter or dispute arising under this Agreement is not resolved through Arbitration, or if any of the proceedings or decisions of the Arbitration must be enforced by a court of competent jurisdiction, the parties agree in case of any litigation regarding this Agreement, or the various subject matters hereof, the venue for such litigation shall be the Local, State or Federal Courts of Charlotte, North Carolina. The parties hereby consent to the jurisdiction of the Courts of the State of North Carolina and the United States District Court, Western District of North Carolina. Additionally, the parties further agree to service of process in any such proceeding by any means allowed under North Carolina or Federal law. You hereby waive any challenge to jurisdiction and agrees not to assert (by way of motion, as a defense or otherwise) that any such proceeding is brought in an inconvenient forum or that venue is otherwise improper.
- 25.4
  You hereby waive all rights to claim, punitive, incidental, and consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred by You, but in no event attorneys' fees. Under no circumstances may You seek to obtain awards for punitive, incidental, consequential or any other type of damages not expressly authorized in this Agreement. Notwithstanding the foregoing express limitations of liability, You acknowledge and agree that should Company, its officers, employees, successors, licensees or assigns be held liable to You for damages, injuries or losses of any kind, directly or indirectly resulting from Your participation in the Program, that the total dollar amount of liquidated damages for any and all of Your claims, injuries, damages or losses shall not exceed a total of ten dollars ($10.00).
SEVERABILITY
If a court of competent jurisdiction hereof holds any provision invalid or enforceable, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from the Agreement. However, and notwithstanding the generality of the forgoing, if any such provision(s) of this Agreement might otherwise be held by a court of competent jurisdiction to be valid, enforceable or legal, then the provision shall first be construed, if possible, in a manner that keeps it from being contrary to law, invalid, unenforceable or illegal while still reflecting the intent of the parties hereto. If such interpretation is not reasonable under the circumstances, then such provision(s) shall be deleted without effect to the remaining provisions.
ASSIGNMENT
The rights granted hereunder are personal to You and may not be assigned by any act or by operation of law. However, notwithstanding the foregoing, the Company shall have the right to assign any rights and obligations under this Agreement without any notice to You.
HEADINGS AND REFERENCES
Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph. The content in other web sites specifically referenced in this Agreement, such as URLs, is incorporated by this reference as though fully stated in this Agreement.
FORCE MAJEURE
Company shall not be liable by reason of any failure or delay in the performance of its obligations hereunder, or for any delay or failure of the Service or any game, including but not limited to the NetWinner Sweepstakes, due to any cause beyond the reasonable control of Company, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

THIS AGREEMENT LAST UPDATED: June 2, 2008