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TERMS OF SERVICE TERMS OF SERVICE Last Updated: 29 July 2011
If you are a resident of FL, GA, NY or DC, you are not eligible to participate.
prizeKing Ringtones Club gives you access to unlimited quizzes, votes, mobile content (ringtones,videos,wallpapers) and news alerts (AT&T, Sprint & T-Mobile customers). $9.99 1 message per month will be charged monthly to your mobile phone bill or deducted from your prepaid account. You must be the account holder or have permission from the account holder. Other subscription plans may be available. Msg & Data Rates May Apply. Prepaid plans may not be accepted. Members may, at any time and without charge, cancel by texting STOP to 75464 and obtain help and account information by texting HELP to 75464. You agree to receiving occasional promotional messages.
prizeKing Text Alerts Club (Alltel, Boost, Cellcom, C Spire, Cinbell, Cricket, Dobson, NTelos, US Cellular customers). $9.99 12 messages per month. ($6.99 Boost, Cricket, US Cellular) will be charged monthly to your mobile phone bill or deducted from your prepaid account. Text Alerts include: Horoscopes, Fun Facts, Diet Tips, Fortune Of The Day, Dating Tips and Celebrity Gossip. Subscribers will be sent 3 msgs/week (12 msgs/mo). You must be the account holder or have permission from the account holder. Other subscription plans may be available. Msg & Data Rates May Apply. Prepaid plans may not be accepted. Members may, at any time and without charge, cancel by texting STOP to 75464 and obtain help and account information by texting HELP to 75464. You agree to receiving occasional promotional messages. prizeKing Coins will only be credited for successfully billed premium SMS messages. 50k Cash winner drawn on December 1, 2013. You must be subscribed to this service at the time of the draw in order to be eligible to have a chance of winning the prize. You must enter in 25 words or less on the prizeKing.com website why you should win the item. The most entertaining, amusing and skillful statement judged by our panel of judges will WIN the prize! Prize winner will be notified by SMS and provided with a verification code and instructions on how to claim the prize. Service not available through all carriers. Sprint, Boost users currently cannot participate in the Auction or Coins program. Standard rate message per bid for Auction on T-Mobile. Quiz and Trivia charged at $0.99 per message (T-Mobile & Sprint users standard rate). You must have the cell phone account holder's consent to subscribe. Service not available to users under 13 years old or residents of; Florida, Georgia New York and the District of Columbia who are 13 years of age at the time of entry. By applying you agree you have read and accepted Terms and Conditions, Privacy Policy, and Contest Rules. Trademarks associated with any displayed prizes are the intellectual property of their respective owners and display of prizes does not indicate endorsement, sponsorship or affiliation by the trademark owners of/with prizeKing or this promotion. Trademarks associated with any displayed products, rewards, or prizes are the intellectual property of their respective owners and display of goods does not indicate endorsement, sponsorship or affiliation by the trademark owners of/with prizeKing or this promotion. * No purchase necessary to enter, play or win. Purchase will not increase odds of winning. If you do not have a SMS capable cell phone or do not wish to sign up for a premium membership, click here for instructions on sweepstakes no-cost method of entry. Welcome to the prizeKing website located at www.prizeking.com (the "Website"). The Website and prizeKing™ service (the "Service") are each owned and operated by prizeKing, ("prizeKing™," "we" or "us"). By using and/or accessing the Website and/or Service, you are agreeing to comply with, and be bound by, the following prizeKing™ Terms of Use, as well as the prizeKing™ Privacy Policy, prizeKing™ Sweepstakes Rules and any other prizeKing™ operating rules policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, "Terms of Service"). Please review the Terms of Service carefully. If you do not agree to the Terms of Service in their entirety, you are not authorized to use the Website or the Service. We may amend the Terms of Service from time to time without specific notice to you. Your continued use of the Service or the Website constitutes your agreement to any changes to the Terms of Service in effect at that time. We will post the latest Terms of Service on the Website. Therefore, you should regularly check the Website for any updates or changes. All interactivity and billing will be via the consumer's mobile telephone. prizeKing is an online entity that is broken up into the following major elements:
Once a consumer has registered and subscribed they will be eligible to: Win - There are multiple opportunities to win at prizeKing, and will include weekly and monthly prizes on offer and the live weekly interactive web based game show.
Shop - prizeKing will present a vast array of mobile content for single purchase and free content that will be made available as part of their subscription to the web site.
Bid - Each interaction with prizeKing will reward the consumer with PK Coins, these coins will then enable the consumer to bid in a SMS Auction for a range of monthly premiums and prizes.
LEGAL NOTICES
ANTI-SPAM NOTICE
WEBSITE TERMS AND CONDITIONS
Last revised on 3 April 2009 REGISTRATION 1.1 Registration Information: You must be a legal resident of the U.S. and have the mobile phone account holder's consent to subscribe. The Service is not available to users under 13 years of age or to Florida State residents. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf. To apply for Membership, you must provide us with certain required information; we also ask for other information that is optional ("Registration Information"). We collect some of the Registration Information via your mobile phone when you sign-up for a Membership and other Registration Information on the Website for both Membership types. You agree to provide true and accurate Registration Information, and to update that Registration Information as it changes. If we determine that your Registration Information is untrue, inaccurate, not current or incomplete, then we may suspend or terminate your Membership. 1.2 Membership Sign-Up: To apply for a Membership, you must enter your mobile phone number and hit the submit button on the Membership sign-up page. Currently, you can also initiate sign-up via a WAP page (a browser page on your mobile phone), in response to an IVR (integrated voice response) or in response to television or print ads; we may use or develop other means of initiating sign-ups for the Service. For sign-ups initiated on the Membership sign-up page or WAP page, if your application is approved, we will send a confirmation PIN Number to the mobile phone number that you provided with your application. By entering the confirmation PIN Number on the PIN submit page on the Website or by replying "YES" via text message to the confirmation text message that we sent to your mobile phone or by completing all steps of the IVR or any other sign-up procedure that we may use, you acknowledge and agree that: (i) you will be enrolled in a subscription-based premium service at $9.99 per month ("Monthly Fee") that will be billed to your mobile phone account or deducted from your prepaid account; (ii) the Monthly Fee will appear on your monthly mobile phone bill as "prizeKing" (this may vary depending on your mobile phone carrier, however, please be advised that prizeKing™ and your mobile phone carrier are not affiliated); and (iii) you have read, understood and agree to the Terms of Service in their entirety. You are responsible for paying any sales, use or other taxes related to the Service. We obtain authorization to provide and bill for the Membership by your electronic signature. Once you confirm your application for a Membership by entering the PIN number or by replying to the confirmation text message, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the Terms of Service. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures. While you are a Member, you will be billed and will be responsible for paying, all applicable charges. Failure to use your Membership does not constitute a basis for refusing to pay any of the Monthly Fee. If a Member cancels their Membership, we will not refund any fees that have already been paid. 1.3 Minors: If you are a parent permitting a minor to use the Website and/or Service, you agree to: (i) exercise supervision over the minor's use of Website and/or Service; (ii) assume all risks associated with the minor's use of content received through the Website and/or Service, as well as the minor's transmission of materials, content or other information to another person via the Internet; (iii) assume liabilities resulting from the minor's use of Service, including payment obligations associated with their Membership; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all Registration Information submitted by the minor. 1.4 Your Account: Upon our approval of your Membership application, we will establish an account for you ("Account") to keep track of your voting history and your Loyalty Points (defined below). Members will be granted access to the Website by means of a user ID ("User ID") and password or their PIN (collectively, "Password"). You are responsible for maintaining the confidentiality of your User ID, Password and Account. You agree that you will not authorize and/or permit others to use your Account and we will not be responsible for any unauthorized use of your Account. Although we have no obligations arising from unauthorized use of your Account, you should immediately notify us through our customer service contact information if there's any unauthorized use of your User ID, Password or Account. 2. SERVICE 2.1 Membership Sign-Up: To apply for a Membership, you must enter your mobile phone number and hit the submit button on the Membership sign-up page. Currently, you can also initiate sign-up via a WAP page (a browser page on your mobile phone), in response to an IVR (integrated voice response) or in response to television or print ads; we may use or develop other means of initiating sign-ups for the Service. For sign-ups initiated on the Membership sign-up page or WAP page, if your application is approved, we will send a confirmation PIN Number to the mobile phone number that you provided with your application. By entering the confirmation PIN Number on the PIN submit page on the Website or by replying "YES" via text message to the confirmation text message that we sent to your mobile phone or by completing all steps of the IVR or any other sign-up procedure that we may use, you acknowledge and agree that: (i) you will be enrolled in a subscription-based premium service at $9.99 per month ("Monthly Fee") that will be billed to your mobile phone account or deducted from your prepaid account; (ii) the Monthly Fee will appear on your monthly mobile phone bill as "prizeKing" (this may vary depending on your mobile phone carrier, however, please be advised that prizeKing™ and your mobile phone carrier are not affiliated); and (iii) you have read, understood and agree to the Terms of Service in their entirety. You are responsible for paying any sales, use or other taxes related to the Service. We obtain authorization to provide and bill for the Membership by your electronic signature. Once you confirm your application for a Membership by entering the PIN number or by replying to the confirmation text message, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the Terms of Service. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures. While you are a Member, you will be billed and will be responsible for paying, all applicable charges. Failure to use your Membership does not constitute a basis for refusing to pay any of the Monthly Fee. If a Member cancels their Membership, we will not refund any fees that have already been paid. 2.2 Minors: If you are a parent permitting a minor to use the Website and/or Service, you agree to: (i) exercise supervision over the minor's use of Website and/or Service; (ii) assume all risks associated with the minor's use of content received through the Website and/or Service, as well as the minor's transmission of materials, content or other information to another person via the Internet; (iii) assume liabilities resulting from the minor's use of Service, including payment obligations associated with their Membership; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all Registration Information submitted by the minor. 2.3 Your Account: Upon our approval of your Membership application, we will establish an account for you ("Account") to keep track of your voting history and your Loyalty Points (defined below). Members will be granted access to the Website by means of a user ID ("User ID") and password or their PIN (collectively, "Password"). You are responsible for maintaining the confidentiality of your User ID, Password and Account. You agree that you will not authorize and/or permit others to use your Account and we will not be responsible for any unauthorized use of your Account. Although we have no obligations arising from unauthorized use of your Account, you should immediately notify us through our customer service contact information if there's any unauthorized use of your User ID, Password or Account. 2.4 Service Description: prizeKing provides text alerts, quiz, news alerts and other content. When you become a Member, we will post Quizzes (each, a "Quiz") related to current events and other topics to: (i) your mobile phone via text message for Members; and (ii) via the Website for Members. Members may vote on any Quiz that they receive by following the instructions in the applicable text message. Members can also vote or respond to Quiz on the Website. Members will receive selected news updates associated with topics that the Members have previously voted on or otherwise expressed an interest in ("Updates", and together with the Quizs, the "Content"). Each Member can control how often we communicate with him/her, and certain other aspects of the Service, through text message commands and/or the control panel located at the Website. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any Content. 2.5 Loyalty Points; Loyalty Point System: When a Member participates in prizeKing, we will grant loyalty points in the form of coins ("Loyalty Points"), which may be redeemed for rewards ("Rewards") selected by the Member from the auction catalog made available on the Website ("Auction Items"). In addition, we may award Members Loyalty Points and/or specific Rewards, from time to time, for taking specific actions such as logging in the website. Please check the Website for special promotions and the "Frequently Asked Questions" for other circumstances where we may award Loyalty Points. The award of Rewards and Loyalty Points, the process of redeeming Loyalty Points for specific Rewards and the delivery of those Rewards to Members, comprises the "Loyalty Points System." Loyalty Points are not redeemable for cash and have no cash value. We may terminate the Loyalty Points System at any time: (i) for Members, upon thirty day's advance notice via text message to the mobile phone number that the Member provided during registration; and (ii) by posting a notice on the "Auction Items" page of the Website thirty days prior to termination. Loyalty Points expire if used by the user or the user opts out of their prizeKing Subscription. Members' Loyalty Point balances will be displayed when the member logs into the Website. Our accounting of a Member's then-current Loyalty Point balance is definitive and final provided that we may make adjustments if there is an error. Rewards featured in the Auction Items, or in any advertisement or marketing material ("Advertisement"), are subject to availability and we may change or remove a Reward at any time without notice and may also change the number of Loyalty Points required to redeem a particular Reward. We reserve the right to substitute out-of-stock, discontinued or otherwise unavailable Rewards with articles of equal or greater value. When a Member redeems a Reward, we will deduct the corresponding number of Loyalty Points from that Member's Account. Downloadable Rewards: Not all carriers or mobile phone models support our Downloadable Rewards. We will use our reasonable efforts to let you know whether your mobile phone can receive Downloadable Rewards. If you elect to receive a Downloadable Reward and it does not load on your mobile phone, please contact Customer Service. Email Reward Codes: Members should ensure the accuracy of their email addresses on file at all times, as misdirected Email Reward Codes will not be replaced. Members are responsible for ensuring that they are able to receive email from prizeKing at the email address provided by the Member on the MyProfile page. We assume no responsibility for properly directed email containing Email Reward Codes that are not received by Members due to email filtering or restriction by a Member's Internet Service Provider, email provider, email software, spam filter software or other software, hardware or service outside of our control. Physical Rewards: We will pay all shipping and handling fees associated with Physical Rewards. You will be asked to provide a shipping address when you redeem Loyalty Points for a Physical Reward. The Rewards featured in the Catalog, the Advertisements, the Website and otherwise: (a) are provided by the applicable Reward manufacturer, distributor or retailer ("Reward Manufacturer"); and (b) contain descriptions that are provided directly by such Reward Manufacturer. As a result, we have no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. We do not represent or warrant that the descriptions of the Rewards are accurate or complete. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Rewards should be communicated to the applicable Reward Manufacturer and not to us. Trademarks associated with any of the Rewards are the intellectual property of their respective owners, and mention or display of the trademarks does not indicate endorsement, sponsorship or affiliation by the trademark owners of or with us or any of our promotions. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of prizes not specified in these Rules will be determined by Sponsor in its sole discretion. Prizes listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the prizes are estimated for purposes of these Official Rules and the date the prize(s) is(are) awarded or redeemed. If the actual purchase price of a prize is less than the prizes or listed prices stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. 3. SWEEPSTAKES OFFICIAL RULES: We may offer sweepstakes from time to time including, currently, monthly sweepstakes, an annual grand prize sweepstakes and periodic "Fast Prize" sweepstakes ("Sweepstakes"). All Sweepstakes are offered in our exclusive discretion. Members are eligible to participate in all Sweepstakes at no cost through the write-in mechanism described in the applicable Sweepstakes Rules. A Members' participation in a Sweepstakes is governed by the applicable Sweepstakes Rules published on the Website. Please refer to the applicable Sweepstakes Rules for eligibility, how to enter, no cost alternative means of entry and other terms and conditions. We reserve the right to not offer Sweepstakes via particular Carriers and to certain individuals. NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 3.1. Description of the Sweepstakes. 3.2. Eligibility. 3.3. How to Participate. 4. TERMINATION/CANCELLATION; CUSTOMER SERVICE: 4.1 Termination - Members: A Member may cancel their Membership at any time by: (i) texting "STOP" to 75464; (ii) contacting us on the customer service section of the Website located at http://prizeKing.com/support; (iii) calling our toll free number: 877-917-5464; or (iv) emailing us at support@prizeKing.com; or (v) clicking the "Cancel My Account" link on the applicable Your account and settings page. There is no charge to terminate a Membership. Where a Member terminates their Membership, their Loyalty Points will expire immediately, he/she will no longer be able to log on to the Website and the license to use the Service and Website will immediately terminate. We will not refund Monthly Fees paid prior to the termination date and the Member shall remain liable for any unpaid charges previously billed to the Member's mobile phone bill. We reserve the right to cancel any Member's Membership at any time by refunding any pre-paid Monthly Fees for the then-current month or by not renewing a Membership after the then-current billing period. If at any time any Member fails to or refuses to pay for the Service, or seeks or obtains a refund for Service previously rendered, then we have the right to terminate the Member's Account without prejudice to our other rights. Any requests for refunds of Monthly Fees paid by a Member must be submitted to us and shall be granted in our sole discretion. If any Member obtains a refund for the Service from both their mobile phone carrier and from us for the same period of Service, then the Member agrees to reimburse us for the duplicate refund by repaying to us the amount of any refund that the Member obtained from us that is in addition to a refund that the Member obtained from their mobile phone carrier. Where a Member transfers their mobile phone number to a different carrier, we are required by carrier regulations to cancel the Member's Membership. After we receive notice of the transfer, we will not be able to contact the Member via text message. The Member may reinstate their Membership without loss of voting history, Loyalty Points or Sweepstakes eligibility may result in a loss of that Member's voting history and/or Loyalty Point balance. 4.2 Termination For Cause; Disputes: If we believe that any Member is violating the Terms of Service, we may terminate the Member's Account without notice and without further obligation to the Member. In that event, the Member's Loyalty Points will expire immediately, such Member will no longer be able to log on to the Website and the license to use the Service and Website shall immediately terminate. Each Member's sole recourse with respect to any dispute with us is to cancel their Membership except that with respect to any Sweepstakes issue, the applicable Sweepstakes rules shall prevail. 4.3 Customer Service: Members may obtain support at any time through the Website at www.prizeKing.com/support or via email at support@prizeKing.com. Members may also get support by calling toll free, 1-877-917-5464 or by texting "HELP" to 75464 at any time to receive summary information about their Accounts and instructions on how to access additional customer service. 5. ACCEPTABLE USE 5.1 Use: You agree not to interfere, permit the use of your Membership or Account by another to interfere, with the normal processes or use of the Service by other Members, including by attempting to log in to the accounts of other Members, attempting to access administrative areas of the Website, attempting to systematically extract Content from the Service beyond patterns consistent with personal use or by submitting text commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Service. You agree to report any violation of the Terms of Service by others that you become aware of by contacting us at: abuse@prizeKing.com. 5.2 Submissions: If you submit any quotations, photographs, comments or other material or content to the Service, either through the Website or via text messages (collectively, "Submissions"), you agree not to: (i) submit libellous or defamatory Submissions; (ii) submit any Submissions that violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, "stalk" or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to the Website or other Members whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of the Website's functions, the Service and/or the servers or networks connected to the Website; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, content designed to initiate "denial of service" attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website. By submitting any photograph(s) to us, you represent and warrant that: (a) you have the exclusive copyright to the photograph(s); (b) you have the consent of all individuals depicted in the photograph(s) (by parent or guardian in the case of a minor) for use by us; and (c) we may use the photograph, in its original or any edited, revised or retouched form, in any and all media, without further compensation to you. You hereby grant us a perpetual, global and irrevocable right to use any Submissions, Registration Information and any quotations or comments for promotional purposes and in connection with publishing the statistics and scores of our Quiz participants as well as the winners of any applicable Sweepstakes, should you qualify, all without further consideration or compensation. 5.3 U.S. Compliant: The Website is hosted in the United States of America ("U.S."), is intended to be compliant only with U.S. laws and regulations, and is intended for use only in the U.S. You agree that you will not access the Website or use the Service outside the U.S. 5.4 Necessary Equipment and Services: Use of certain aspects of the Service requires a mobile phone capable of sending and receiving text messages, and a mobile phone service plan that permits receiving premium text messages for which a charge appears on your mobile phone bill. The Service is not available on certain mobile phone service provider platforms. Use of other aspects of the Service requires access to the Internet and the Website through which your Service is configured, customized and controlled. 5.5 Content: We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Content or Submissions by other Members, or links to other content or services that may be distributed as Content or otherwise on or through the Website. The Content contains information and material provided by our third party partners and the Submissions contain material provided by other Members. We undertake no responsibility to monitor or otherwise police the Submissions or Content. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Submissions, Content, Quiz and/or Updates. We do not represent or warrant that the Content and/or Submissions posted on the Website and/or sent to you via text message, as applicable, is/are accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use the Service and/or Quiz, Updates and/or Sweepstakes, or for any dispute between you and other Members or other third parties. 6. GENERAL PROVISIONS 6.1 License Grant: As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated Content), and as a Member, the Service and the Content in accordance with the Terms of Service. We may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or Content for your own personal, non-commercial use. No part of the Website, Service and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Service, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Website, Service, Content except as expressly permitted by us. We reserve any rights not explicitly granted in the Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Service and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and/or Content and to register for a Membership. Website visitors are not authorized to access any content and/or data available to Members. 6.2 Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Service and/or Content are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Service and/or Content is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or Content. Our posting of information and/or material at the Website, Service and/or Content does not constitute a waiver of any right in such information and/or materials. 6.3 Privacy Policy: The Terms of Service incorporates by reference the terms and conditions of our Privacy Policy to which the use of the Website, Service and/or Content is subject. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website, Service and/or Content and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here. 6.4 Indemnification: You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Website, Service, Sweepstakes, Submissions or Content; (ii) your breach of the Terms of Service; (iii) your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other Submissions. 6.5 Your responsibility for Equipment & Related Costs: You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site and/or the Services. You shall provide all equipment and software necessary to connect to the Service. You shall ensure that your equipment and/or software necessary to access and use the Site and the Services does not disturb or interfere with prizeKing's operations, the Site or the Services. If any upgrade in or to the Site or the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by prizeKing, any new or additional features of the Site or Service, including the release of new products and Services, shall be subject to these Terms of Service. 6.6 Disclaimer: THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND 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. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, SERVICE, QUIZS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. THE WEBSITE, SERVICE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE. 6.7 Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THE TERMS OF SERVICE IS THE CANCELLATION OF YOUR MEMBERSHIP. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND CONTENT IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 6.6. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND YOU ACKNOWLDGE THAT THE WEBSITE, THE SERVICE AND/OR THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHICH WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH A "PRIZEKING™ AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY PRIZEKING™ AFFILIATE FOR OUR NON-PERFORMANCE. 6.8 Disputes: The Website and Service are hosted in the U.S Any dispute hereunder shall be governed by the laws of the New South Wales, Australia, without regard to conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Should a dispute arise concerning the terms and conditions of the Terms of Service or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall not commence until the party requesting arbitration has deposited Three Thousand Dollars ($3,000.00) with the arbitrators for the arbitrators' fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against prizeKing and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that prizeKing incurs in seeking such relief. The Terms of Service do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. 6.9 General Provisions: The Terms of Service constitutes the entire agreement between the parties regarding the use of the Service and the Website and supersedes all prior or contemporaneous communications between the user and us with respect to the Website and the Service. Notwithstanding the foregoing, to the extent there is a conflict between the applicable Sweepstakes rules and other provisions of the Terms of Service, the applicable Sweepstakes rules shall govern as to the terms associated with the Sweepstakes. Our failure to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. If any provision of the Terms of Service is deemed unlawful, void or unenforceable, the remaining provisions of the Terms of Service will remain in full force and effect. Any aspect of the Service is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of the Terms of Service. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of the Terms of Service. The Terms of Service shall not be construed against either party by reason of their drafting. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 7.0 Miscellanous: A User may only use those portions of the Site made available to the User. Users are forbidden to access or attempt to access other Member Accounts or to otherwise attempt to violate the security or systems of the Site. prizeKing will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from prizeKing. Each User agrees not to engage in unsportsmanlike conduct or otherwise abuse the Services by conduct that is or may be detrimental to the interests of prizeKing or other Users. Any User suspected of engaging in any fraudulent, abusive, manipulative or illegal activity or by participating in, or benefiting from, a syndicate, group or block guessing process may have their Account terminated and all prizeKing Points cancelled in prizeKing's sole discretion, and the User may be referred to appropriate law enforcement agencies. prizeKing reserves the right, but not the obligation, to monitor your access to and use of the Site and the Services. Users, among other things, shall not: (a) use automated or cooperative means to acquire prizeKing Points, including but not limited to the use of automated "bots", software programs or collusive play involving other Users or software programs; (b) exploit or thwart the Services or any affiliated program in any way; (c) present inaccurate or fraudulent information; (d) acquire or use prizeKing Points in violation of these Terms of Service or that were improperly credited to a Member Account; or (e) abet another individual or party in conducting damaging, deceitful, fraudulent, or unlawful activity. prizeKing uses reasonable efforts to try to make sure that information about products, services and/or activities on the Site are correct. However, prizeKing cannot guarantee the accuracy of such information and cannot be accountable for any errors, omissions or other deficiencies. Prizes or prizeKing Points Swap Shop Items may not be identical to the actual awards delivered to the User due to market changes beyond the control of prizeKing including but not limited to: discontinuation of an item, changes in features, color or availability of an item or other normal product lifecycle events. prizeKing shall not be responsible or accountable for any agreements between a User and any of the prizeKing Points Program's affiliated companies with regard to items or services acquired (or to be acquired) through redemption of prizeKing Points, or such User's election in third-party promotions or other activities. All taxes relating to prizeKing Points or the Services are the sole responsibility of Users. All Users are strongly encouraged to consult their own tax advisors prior to participating in any Services. prizeKing will not provide any advice concerning tax liability. If any part of these Terms of Service, the Privacy Policy or any applicable Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Terms of Service, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Service, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof. The headings contained in these Terms of Service, the Privacy Policy and/or any applicable Rules are for convenience of reference only, are not to be considered a part of these Terms of Service, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Service, the Privacy Policy or any applicable Rules. No waiver of any portion of these Terms of Service, the Privacy Policy or any applicable Rules shall be effective against prizeKing unless it is in writing and signed by an authorized representative of prizeKing. The failure of prizeKing to require performance of any obligation of these Terms of Service, the Privacy Policy or any applicable Rules shall not affect prizeKing's right to enforce any provision of these Terms of Service, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. All covenants, agreements, representations and warranties made by you in these Terms of Service, the Privacy Policy or any applicable Rules shall survive the termination of these Terms of Service, the Privacy Policy or any applicable Rules, and the termination of your use of the Site and the Services. Questions: Please contact us at: support@prizeKing.com with any questions regarding the Terms of Service. CONTEST OFFICIAL RULES NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Description of the Contest. 2. Eligibility. 3. How to Participate. 4. Drawings: Selection of Winners. Click Here for complete drawing entry deadlines and drawing dates. IF YOU FAIL TO COMPLETE AT LEAST ONE (1) ENTRY FOR ANY MONTHLY PROMOTION PERIOD, WITHOUT LIMITATION, OR WHERE WE DID NOT RECEIVE YOUR TEXT MESSAGE FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE APPLICABLE MONTHLY PRIZE. (b) Prize Drawing
5. Prizes. No substitution, assignment or transfer of prize permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value in the event the offered prize is unavailable. Winner is responsible for all applicable federal, state and local taxes. Sponsor will report taxes as required by the applicable law. 6. General Conditions. 7. Release. 8. Limitations of Liability. 9. Disputes. 10. Data Collection. 11. Winner's List/Official Rules. SMS AUCTION - TERMS OF USE 12. Information on how to participate in each advertised prizeKing SMS Auction ("Auction") and the items available through the Auction from time to time form part of these Terms of Use. Participation in the Auction is deemed acceptance of these Terms of Use by each participant. Participation in the Auction is via SMS only (premium rate applicable) using SMS (short messaging service) enabled mobile phones. Some service providers and call plans may not provide access to premium SMS. Participants must check with their carriage service provider if unsure. 13. Any costs associated with accessing the www.prizeKing.com website remain the responsibility of each participant and are dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall be deemed invalid and will result in an ineligible registration. 14. Participation in the Auction is only open to residents of United States of America aged 18 years or older who have a PK Coins account during the advertised Auction period. T-Mobile,Sprint,Boost users are not able to participate in the Auction/Coins program at this time. Participants cannot win more than 1 auction in consecutive weeks. ie: If you win an auction, you cannot bid on the following weeks auction. An SMS will be sent to alert you of this if you fall into this category. Participants must also be identified as having a clear relationship with the end mobile device (evidenced by participants sending SMS message/s originating from an MSISDN identifying the participant), and must have the bill payer's consent to participate by SMS. In order to register and open a PK Coins account, participants must, during the Auction period:
15. Upon successful completion of this registration process, each eligible participant will have an Auction account created in their name that will allow that eligible participant to make bids and track their bids during each Auction period. Once the Auction account is created, eligible participants will automatically earn PK Coins for every transaction or interaction they make with prizeKing or prizeKing partners during each Auction period. The number of PK Coins the participant will earn will depend on the type and value of transaction or interaction made, as well as the date and time of the transaction or interaction. From time to time, bonus PK Coins may be issued to eligible participants by the Auction Administrator. The Auction Administrator is not liable for any delay in the crediting of PK Coins to a participant's account. PK Coins and the rights they confer cannot be sold, transferred or assigned. PK Coins have no cash or monetary value. Participation in the PK Coins loyalty program and operation of the PK Coins Account is subject to the prevailing terms and conditions of the PK Coins loyalty program, which are available at www.prizeKing.com. 16. Each advertised Auction period commences at 12:01am (AEST) and closes at 11:59pm (AEST) for each advertised date period. The start and finish dates and times for each Auction period will be as advertised on www.prizeKing.com and/or other media. Details of the prizes offered at each Auction will be advertised on www.prizeKing.com and/or other media during the relevant Auction period. These may include, but are not limited to, a combination of one or more of the following prize types: cash prizes, electronics, holidays, whitegoods, tickets, vouchers, music, clothing, apparel, vehicles and alcohol. 17. Eligible participants who have a positive balance in their PK Coins Points Bank can bid for an advertised prize throughout the Auction period using their PK Coins. In order to participate in the Auction and place a bid, eligible participants must send a mobile originated message (MO) SMS to 75464 in the required format during the applicable Auction period. The required SMS format is "BID" + space + "BID VALUE". For example, "BID 500". The SMS cost for each MO SMS message sent by the participant is non premium for Sprint, Boost and T-Mobile customers, for any other carrier $.99. Standard carrier's SMS carriage costs may apply in addition to this SMS cost. Participants must check with their carriage service provider if unsure. To withdraw a bid, eligible participants must send a MO SMS to 75464 in the required format during the applicable Auction period. The required SMS format is "CXL". There is no premium cost to the participant to cancel a bid by SMS, however standard carrier's SMS carriage costs may apply. Participants must check with their carriage service provider if unsure. 18. A reply Mobile Terminated message (MT) SMS will be sent to each participant who submits a MO SMS bid after their SMS has been received, confirming their bid has been successfully received, and advising whether:
19. Participants with the current highest bid will also receive a MT SMS notification if their bid is overtaken by a higher third party bid. 20. A reply MT SMS will be sent to each participant who cancels an SMS bid after their SMS has been received, confirming their bid has been cancelled. 21. The SMS cost for each MT SMS message sent by the Auction Administrator to the participant is $.99 (Non Premium for Sprint, Boost and T-Mobile customers) Standard carrier's SMS carriage costs may apply in addition to this SMS cost. Participants must check with their carriage service provider if unsure. 22. If a MT SMS bid is not valid because the SMS message submitted by an eligible participant is not in the required SMS format, the prize code is not valid, or the bid amount is not an integer, an "error" MT message will be sent to the participant. There is no cost to the participant to receive a MT error message. 23. If a bid is accepted as a valid bid, the value of that bid will be posted onto www.prizeKing.com and the value of the prize to which the bid applies will be automatically increased by the value of that bid. The value of each prize (being the value of the highest bid received for that prize) will be displayed on www.prizeKing.com for public viewing at all times during the Auction period. The Auction Administrator however, is not responsible in the event a bid is not posted due to technical difficulties affecting the Auction system. 24. The eligible participant who has registered the highest valid bid for an advertised prize at the conclusion of the Auction period will be deemed to be the highest bidder for that prize. If two or more eligible participants have placed the highest valid bid for an advertised prize at the conclusion of the Auction period, the participant who placed their bid first will be deemed the highest bidder. By becoming the highest bidder for a given prize, each applicable eligible participant enters into a binding contract with the Auction Administrator to redeem the prize to which their highest bid pertains, using the number of PK Coins they bid. Each highest bidder will be notified by MT SMS. The MT SMS will contain a unique code and will refer the highest bidder to www.prizeKing.com where they can claim their prize. The SMS cost for each SMS message sent by the Auction Administrator to the participant in accordance with this Condition 24 is $.99. Standard carrier's SMS carriage costs may apply in addition to this SMS cost. Participants must check with their carriage service provider if unsure. 25. All reasonable steps to notify the highest bidder for each applicable prize will be taken. The Auction Administrator's decision regarding who the highest bidder is for each applicable prize is final and no correspondence will be entered into. 26. In order to claim a prize, highest bidders must log on to www.prizeKing.com and complete in full in the manner required and submit the online claim form within 72 hours of receiving the MT SMS notification that they were the highest bidder. In order to fully complete the claim form, eligible participants must provide their applicable unique prize code, full name, residential address, current and valid email address, an alternative contact telephone number and upload a recent and clear headshot digital image of themselves. Once a claim has been validated, the number of PK Coins the participant bid for the applicable prize will be automatically deducted from their PK Coins Points Bank. The highest bidder will be sent their prize in the mail to the address nominated on their claim form, within approximately 60 days of the date their claim form was submitted. 27. At any time throughout the Auction period, participants can check the balance of their PK Coins Points Bank by logging on to www.prizeKing.com and following the prompts or by sending a MO SMS to 75464 with the word "BAL". Participants can also cancel all bids on current auction by sending a MO SMS to 75464 with the word "CXL". The SMS cost for each MO SMS message sent by the participant is $.99. (non premium for Sprint, Boost and T-Mobile customers) Standard carrier's SMS carriage costs may apply in addition to this SMS cost. Participants must check with their carriage service provider if unsure. 28. A reply MT SMS will be sent to each participant who sends a MO SMS request referred to in Condition 16 after their SMS has been received, providing a response to their request. The MT SMS cost for each SMS message sent by the Auction Administrator to the participant in accordance with this Condition 17 is $.99. Standard carrier's SMS carriage costs may apply in addition to this SMS cost. Participants must check with their carriage service provider if unsure. 29. If a MO SMS request is not valid because the SMS message submitted by an eligible participant is not in the required SMS format, an MT "error" message SMS will be sent to the participant. There is no cost tothe participant to receive MT error message. 30. Each bid will be deemed to be accepted at the time of receipt and not at the time of transmission. Any SMS bids submitted after the applicable Auction period has closed will not be included in the Auction. Bids received will be considered final by the Auction Administrator. Incomplete, inaccurate, erroneous, ineligible or incomprehensible bids will be deemed invalid. The Auction Administrator accepts no responsibility for late, lost or misdirected bids. 31. Eligible participants can submit multiple bids for multiple prizes during the Auction period, provided that each bid complies with these Terms of Use in each instance. 32. Unless otherwise determined by the Auction Administrator in its absolute discretion, if the highest bidder does not submit their claim form in accordance with the Terms and Conditions within 72 hours of receiving the MT SMS notification that they were the highest bidder, the highest bidder will be deemed to have forfeited the prize, and the second highest bidder for that prize (being the bidder that submitted the second highest bid for that prize during the applicable Auction period) will be sent an SMS message advising that they are now eligible for the prize (and so on until the prize is claimed in themanner required by an eligible participant). The MT SMS cost for each MT SMS message sent by the Auction Administrator to the participant in accordance with this Condition 21 is $.99 (non premium for Sprint, Boost and T-Mobile customers). Standard carrier's SMS carriage costs may apply in addition to this SMS cost. Participants must check with their carriage service provider if unsure. 33. The charges for all premium SMS services will appear on each participant's next mobile phone bill. All queries relating to mobile bills generally should be directed to the participant's mobile or telephone carrier. All queries relating to the Auction should be directed to the Auction Administrator's helpline as advised on www.prizeKing.com. 34. The Auction Administrator and its associated agents take no responsibility for prizes damaged or lost in transit. All risk in the prizes delivered to an eligible participant in accordance with these Terms of Use passes to that eligible participant immediately upon the delivery of that prize. 35. Each prize must be taken as offered and cannot be varied. Prizes are not transferable or exchangeable and cannot be taken as cash, unless where otherwise stated. The Auction Administrator accepts no responsibility for any tax implications that may arise from the receipt of a prize. Independent financial advice should be sought. 36. Eligible participants can only register for and participate in this Auction in their own name. The Auction Administrator reserves the right to request eligible participants who are highest bidders to produce (within the requested time) appropriate photo identification or other documentation (to the Auction Administrator's satisfaction, at its sole discretion) in order to confirm that participant's identity, age, residential address and email address, eligibility to participate in the Auction, that the participant obtained the bill payer's consent to participate by SMS before submitting their SMS, that the participant has a clear relationship with the end mobile device used to participate via SMS, and any information submitted by that participant in participating in the Auction and/or registering for a PK Coins Account, before dispatching a prize to that participant. If the documentation required by the Auction Administrator is not received by the Auction Administrator (or its nominated agent) or has not been verified or validated to the Auction Administrator's satisfaction within the time requested, the eligibility of that participant may become invalid in the Auction Administrator's absolute discretion and the prize may not be awarded to the participant. Prizes will only be awarded where the unique code fulfils all of the requirements of the Auction Administrator's verification tests and procedures. The verification tests and procedures shall be determined by the Auction Administrator in its absolute discretion. All prizes will only be awarded following any participant validation and verification that the Auction Administrator requires in its absolute discretion. 37. The Auction Administrator and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with participating in this Auction (including but not limited to being the highest bidder) or taking or using a prize (if applicable), except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Statutory warranties that are implied under Division 2 Part V Trade Practices Act are not excluded if goods or services are of a kind ordinarily acquired for personal, domestic or household use. 38. Each eligible participant shall indemnify and hold the Auction Administrator, its related entities, service providers and affiliates (and its and their respective officers, directors, agents, and employees) harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of that participant's breach of these Terms of Use or that participant's violation of any law or the rights of a third party. 39. Without limiting any other remedies available to the Auction Administrator at law, in equity or under these Terms of Use, the Auction Administrator may, in its sole discretion, suspend or terminate an eligible participant's PK Coins account (and therefore, that eligible participant's ability to participate in the Auction) if the Auction Administrator reasonably suspects or believes, or are informed by a government authority, that the relevant eligible participant (by conviction, settlement, insurance or escrow investigation, or otherwise in its sole discretion) has engaged or may engage in fraudulent activity using, or otherwise in connection with its use of the Auction website, and that eligible participant will have no claim whatsoever against the Auction Administrator in respect of any such suspension or termination of its account. 40. Eligible participants must not directly or indirectly manipulate the value of any prize by conducting, encouraging or permitting certain activities that might inappropriately affect the bidding value of that prize. Eligible participants must not in any way, directly or indirectly, interfere with the bids submitted by other eligible participants to the Auction. The Auction Administrator reserves its right to refuse, suspend or cancel an eligible participant's PK Coins account (and therefore, that eligible participant's ability to participate in the Auction) in its absolute discretion if the Auction Administrator reasonably suspects or believes an eligible participant is engaging in such prohibited activity (directly or indirectly). 41. The Auction Administrator reserves the right to verify the validity of all Auction bids received and reserves the right to refuse, suspend or cancel an eligible participant's PK Coins account (and therefore, that eligible participant's ability to participate in the Auction) in its absolute discretion if the Auction Administrator reasonably suspects or believes an eligible participant is tampering with the Auction bidding process or for submitting a bid which is not in accordance with these Terms of Use, or if the eligible participant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Auction. The Auction Administrator's legal rights to recover damages or other compensation from such an offender are reserved. 42. Without limiting any other Condition in these Terms of Use, the Auction Administrator reserves its right to immediately and without notice refuse, suspend or cancel an eligible participant's PK Coins account in its absolute discretion. 43. The Auction Administrator will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Auction if the deficiency is occasioned by any cause outside the reasonable control of the Auction Administrator. 44. The use of any automated software or any other mechanical or electronic means that allows an eligible participant to automatically bid repeatedly is prohibited and will render all bids submitted by that eligible participant invalid. 45. SMS is not a guaranteed delivery communication tool. The Auction Administrator and any service provider or carriage service provider cannot accept responsibility for any SMS messages not received by the Auction Administrator or by an eligible participant. 46. The Auction Administrator is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a participant's or any other person's mobile handset or computer related to, or resulting from, participation in this Auction or the downloading of any materials related to this Auction. 47. If for any reason this Auction is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Auction Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Auction, the Auction Administrator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Auction. 48. Caution: any attempt to cause malicious damage or interference with the normal functioning of the SMS applications, the www.prizeKing.com website or the information on the website, or to otherwise undermine the legitimate operation of this Auction may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Auction Administrator reserves the right to seek damages to the fullest extent permitted by law. If the Auction Administrator suffers loss or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation by a participant, the participant agrees to indemnify the Auction Administrator for those losses, damages and costs. 49. Eligible participants consent to the Auction Administrator, its related entities, agencies and affiliates using their name, likeness, image and/or voice in the event they are a highest bidder or an unsuccessful bidder (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this Auction (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Auction Administrator or its related entities, agencies or affiliates. The highest bidders and unsuccessful bidders agree to participate in all reasonable promoted activities in relation to the Auction as requested by the Auction Administrator and its agents. 50. The Auction Administrator collects personal information about participants to include participants in the Auction and where appropriate declare participants as the highest bidders. If the personal information requested is not provided, the participant may not participate in the Auction. By participating in the Auction, each participant also acknowledges that a further primary purpose for collection of participants' personal information by the Auction Administrator is to enable the Auction Administrator to use the information to assist the Auction Administrator in improving goods and services and to contact participants in the future with information on special offers or provide participants with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Auction Administrator may share information with its Australian related companies and promotional partners who may contact participants with special offers in this way. By participating in this Auction, each participant agrees that the Auction Administrator may use participants' personal information in this manner. Participants can also gain access to, update or correct any personal information by contacting the Auction Administrator at the address below. All personal information will be stored at the office of the Auction Administrator. A copy of the Auction Administrator's Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Auction Administrator by visiting www.prizeKing.com. 51. These Terms of Use are governed by the laws of New South Wales, Australia. Eligible participants and the Auction Administrator (and applicable affiliated third parties) irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court sitting in New South Wales. TRIVIA PROMOTION - TERMS OF USE
The Auction Administrator is prizeKing 12. Sponsor: prizeKing 13. Administrator: prizeKing |
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Trademarks associated with any displayed products, rewards, or prizes are the intellectual property of their respective owners and display of goods does not indicate endorsement, sponsorship or affiliation by the trademark owners of/with prizeKing or this promotion. For support issues call Helpline number 1-877-917-5464.
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