PLAY FOR PRIZES – TERMS & CONDITIONS
SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions
Participating in any tournament offered by Twistbox Entertainment, Inc.’s mobile games and content ("the Service") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Service may modify these Terms and Conditions at any time, with modifications becoming effective 15 days after they are first posted on the Service. Your continued use of the Service following the 15-day notice period signifies your binding acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.
1.2 Entire Agreement
These Terms and Conditions, along with the Privacy Policy, game rules and any other obligations and rules detailed in writing on the Service, constitute the entire agreement between you and the Service. These Terms and Conditions cannot be modified on an individual basis by you or by any person affiliated, or claiming affiliation, with the Service. Nothing in this subsection will prevent the Service from modifying the terms of these Terms and Conditions and posting such modifications on the Service as described above in Section 1.1.
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1 Tournament Play
The instructions, along with any other game-specific relevant information for each tournament game offered are available by accessing the "Help", "How to Play" and other menus on your wireless device.
2.2 Eligibility
To participate in any Play For Prizes tournament offered on the Service, you must:
a) be a natural person, at least 13 years old (Please note, however that participants under the age of majority in their state of residence must present written permission of a parent or legal guardian in the form provided by the Service in order to claim any prize won in a tournament)
b) be a U.S. citizen or resident alien with a U.S. address, however, due to restrictions in some states’ laws, tournament participants who reside in or access the Service from certain states are not eligible to receive prizes. These states are:
For AT&T users: IA, NJ, ND, TN, MD and VT
For Verizon users: AZ, CT, MD, ND and VT
All other users: MD, ND and VT
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the tournaments offered on the Service is unrestricted by law.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
NO PURCHASE NECESSARY to enter to win Mega Raffle prizes
2.3 Additional Persons Not Eligible
Notwithstanding Section 2.2, the following persons are ineligible to receive any prize offered on the Service: employees, officers, and directors (and their immediate family members) of the Service, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Service. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.4 Legality
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service and are solely responsible for obeying those laws. You agree the Service cannot be held liable if laws applicable to you restrict or prohibit your participation. The Service makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Service nor shall any person affiliated, or claiming affiliation with the Service have authority to make any such representations or warranties.
2.5 Acknowledgment of Proprietary Rights
By participating in any tournament offered on the Service, you acknowledge that all materials and information contained on the Service (the "Content") may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks or other proprietary rights or as a trade secret, and that all such rights are owned by the Service. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, except that you may download one copy of any game offered on the Service for your personal, non-commercial mobile phone use only, provided you keep intact all copyright and other proprietary notices. The Service neither warrants nor represents that your use of the Content displayed on the Service will not infringe rights of third parties. While the Service uses reasonable efforts to include accurate and up-to-date information, the Service makes no warranties or representations as to the accuracy of the Content, and assumes no liability or responsibility for any errors or omissions in the Content. Any communication or material you transmit to or through the Service by SMS text message or otherwise, including, without limitation, any data, questions, comments, suggestions or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Service or its affiliates for any purpose, including, but not limited to, reproduction (in original or modified form), disclosure, transmission, publication, broadcast and posting. Furthermore, the Service is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Service for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Service, including the names of all games, tournaments, and puzzles, are registered and unregistered Trademarks of the Service and/or others. Nothing contained on the Service should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of the Service or such third party that owns the Trademark displayed on the Service. Your misuse of any Trademark displayed on the Service, or any other content on the Service, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Service will aggressively enforce its intellectual property rights to the fullest extent of the law.
2.6 User Names
At the time of initial registration to participate in tournaments on the Service, you will be required to submit an alias that will be your user name and opt-in with your SMS address. The Service reserves the right, in its sole discretion, to change, suspend and/or terminate offensive aliases. By participating in a tournament, you agree that the Service may display your user name and tournament records.
2.7 Privacy Policy
The Service will not intentionally disclose any personally identifying information about you to third parties without your consent except where the Service, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other written rules of the Service. The Service reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Twistbox Entertainment, Inc. utilizes SMS text messages to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. You have the choice to opt-in or opt-out of receiving any or all of these types of SMS text messages at any time by modifying your preferences under the Preferences Section of the Help Section. To view the Service’s full privacy policy, click on the following link: Privacy Policy. The Service will not use winners’ full names or likenesses in advertising without the winners' prior written consent. Twistbox Entertainment, Inc. may disclose your information, including without limitation contact information and demographic and profile data, to a third party upon a transfer or sale to another entity of all or substantially all of our stock or assets or upon any other corporate reorganization.
2.8 Scope of Permitted Use
Use of the Service is limited to participation in tournaments and communications related thereto. You agree not to use the Service for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on or through the Service in any manner; to interfere with or disrupt the operation of Service or the networks or servers connected to the Service or its Web site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party or is otherwise unlawful or offensive; to harass or otherwise harm the Service or any other person or entity; or to engage in commercial activities of any kind.
From time to time the Service may offer you the ability to use certain interactive applications, including, for example, chat areas, bulletin boards, or SMS text messaging functions ("Applications"). The Service grants you a limited license to use the Applications subject to the following conditions:
(a) You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Service ("Materials") are the sole responsibility of the person from whom the Materials originated. This means you, and not the Service, are entirely responsible for the Materials you transmit to or through the Service. Further, you understand that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent.
(b) You will not create a user name, screen name or label, or upload to, distribute through or otherwise publish through the Service, any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
(c) Your Materials shall not infringe the copyrights, trademarks or other intellectual property rights of the Service or any third party.
(d) Your Materials shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
2.9 Abuse
Anyone who exceeds the authorized use of the Service or displays behavior consistent with the use of unfair methods on the Service, including but not limited to the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), any breach of the terms of the agreement between you and the Service, or any breach of the security of your account or the Service (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Service in its sole discretion), up to and including account termination and blocking of Service access. Additionally, all prize winnings (if any) of persons determined to be engaged in Abuse may be voided at the sole discretion of the Service.
Any attempt to gain unauthorized access to the Service’s systems or any account, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any tournament offered on the Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.
2.10 Account Termination
The Service reserves the right, in its sole discretion, to terminate your account, limit or prohibit your participation in any game, tournament or tournaments.
SECTION THREE - TOURNAMENT DETAILS
3.1 Skill
Only Prizes are offered for skillful participation in games and tournaments in the Service. All games in this service use an all-skill methodology to ensure that prizes are awarded to players based on individual players' skill and not chance events.
3.2 Game Rules
Rules for each specific tournament offered on the Service can be found in the “Help” menu of each game on the mobile phone used to play the game.
3.3 Determination of Winners
The results and winners of each tournament offered on the Service will be determined by the Service according to the applicable game rules. By registering and/or participating in any tournament, you agree to be bound by the applicable game rules and by the Service’s determinations.
3.4 Winner Notification; Winners Lists
Winners will be notified via SMS text messages and may be required to complete an affidavit of eligibility, publicity/liability release (except where prohibited by law) and/or parental/legal guardian authorization in order to claim a prize. Lists of winners will be posted on the Service’s web site following each tournament or as soon thereafter as eligibility of all winners is confirmed, and will also be available by mail by contacting the Service at the address below by no later than two weeks after the end of a given tournament.
SECTION FOUR - PRIZES
4.1 Prize Descriptions
Prizes for each particular tournament will be displayed on players’ wireless handsets prior to entry into the tournament.
4.1.1 Amazon.com® Gift Card
Amazon.com is not a sponsor of the Service or any promotion associated therewith. Amazon, Amazon.com, and the Amazon.com logo are trademarks of Amazon.com, Inc. or its affiliates. Amazon.com Gift Cards (GCs”) may used only to purchase eligible goods on Amazon.com or its affiliated website Endless.com. GCs cannot be redeemed for purchases or gift certificates or cards, or for items from some third party sellers. GCs cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. For complete terms and conditions, see http://www.amazon.com/gc-legal. GCs are issued and © 2009 by ACI Gift Cards, Inc., a Washington company.
4.2 Limits of Prize Winnings
For all tournaments, players can win one (1) prize per game in a calendar month.
4.3 Ties
In head-to-head tournaments, contestants playing a particular game are ranked by the highest score calculated as: [Wins - (5 x Losses)]. Tiebreakers are determined by the greatest number of games played, followed by the least number of forfeits, and finally by the highest average game score. You must play a minimum number of matches (as indicated in the applicable game rules) to qualify to win a head to head tournament.
In progressive tournaments, prizes are awarded to contestant(s) with the highest score. Each contestant's highest score will be used to rank them in the tournament. In the event of a tie in a progressive tournament, an automated, logic based algorithm will determine the contestants that will be awarded prizes.
4.4 No Prize Transfer/Substitution; Taxes
Prizes are not transferable. No substitution of Prizes for cash or other goods and services is permitted, except the Service reserves the right to provide a substitute Prize of approximately equal value. Winners are responsible for any applicable taxes on prizes. Cash value of the merchandise prize(s) offered (either manufacturer’s suggested retail price, or Service acquisition price) will be posted in the games rules for each tournament.
4.5 Delivery Time
Unless otherwise specified, merchandise will ship within 45 days of the date the prize is claimed by the winning player. All goods are shipped F.O.B. Origin, and accordingly the Service takes no responsibility for any damage incurred during shipping.
4.6 Warranties on Prizes
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Service is responsible for initial defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer‘s warranty, the merchandise is offered "as is", and the Service is not responsible for any defects, use or misuse or repairs. The Service makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
4.7 Information Needed to Claim Prize
The following information is needed to verify winners and mail prizes:
Date of Winning, PRIZE PIN, age, internet email address, first name, last name, mailing address, phone username. If information needed to claim prizes is not submitted within 30 days from the tournament end date, the prize will be forfeited. Incomplete or incorrect information provided by winners will cause a delay in prize delivery, or prize forfeiture.
4.8 Prize Winner Redemption Period
Prize winners have 30 days after the tournament they won ends to claim their prize. If any prize or prize notification is returned as undeliverable, or if the winner does not claim a prize within the 30-day period, such prize will be forfeited.
SECTION FIVE - GENERAL CONDITIONS
5.1 Limitation on Liability
BY PARTICIPATING IN ANY TOURNAMENT OFFERED ON OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT THE SERVICE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE, LOSS, OR INJURY CAUSED BY USING A GAME FROM THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT (1) THE SERVICE IS NOT LIABLE FOR ANY DAMAGE TO YOUR MOBILE PHONE, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF THE SERVICE. THE SERVICE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR MOBILE PHONE OR OTHER PROPERTY RESULTING FROM YOUR ATTEMPTED OR ACTUAL ACCESS TO, USE OF, OR BROWSING IN THE SERVICE.
5.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SERVICE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
5.3 Hacking, Tampering, or Unauthorized Access; Technical Failures
By participating in any tournament offered on the Service, you agree that the Service is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your account on the Service. The Service is not responsible for any lost, late, misdirected or corrupted entries, or for any interruption in or suspension of game play caused by technical failures.
5.4 Third Party Links
From time to time, reference links may appear on the Service that may be used to link to web sites of third parties. These links are provided as a courtesy to our users. The Service has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. The Service is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. The Service reserves the right to terminate any link at any time.
5.5 Governing Law and Choice of Forum for Disputes
These Terms and Conditions will be governed in accordance with the laws of the State of California.
5.6 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.
5.7 Sponsor
The tournaments offered on the Service are sponsored by Twistbox Entertainment, Inc., 14242 Ventura Blvd., 3rd Floor, Sherman Oaks, CA 91423. Phone: 818-301-6200. E-mail: help@twistboxgames.com
Play 4 Prizes is coming to an end. However, Mega Raffle will continue until further notice.
2010 Twistbox Mega Raffle
Terms and Conditions
NO PURCHASE REQURIED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Introduction: During the period beginning at 12:00 p.m. Pacific Time ("PT"), January 1, 2010 and ending at 11:59 p.m. PT, December 31, 2010 (the "Promotion Period"), Twistbox Entertainment will offer multiple individual sweepstakes, each with a distinct start and end date, and Mega Raffle Prize (each referred to as a "Sweepstakes"). Each of these Sweepstakes may have a number of Mega Raffle Points required for entry, subject to Rule 5b below. The details for each individual Sweepstakes can be accessed through the mobile games that offer entry into the 2010 Twistbox Mega Raffle Sweepstakes and by clicking on the corresponding Mega Raffle link on the Twistbox Games website: www.play-for-prizes.com. For purposes of these Terms and Conditions, these Sweepstakes individually and collectively are referred to as the "2010 Twistbox Mega Raffle Sweepstakes." The Administrator's computer is the official time keeping device for each 2010 Twistbox Mega Raffle Sweepstakes.
2. Eligibility: Each 2010 Twistbox Mega Raffle Sweepstakes is open only to legal residents of 50 United States and the District of Columbia who are 13 years of age or older (unless either is otherwise specified in the Terms and Conditions governing any individual Sweepstakes). Employees of Twistbox Entertainment, Inc., its parent companies, subsidiaries, affiliates, and agents and agencies involved in the 2010 Twistbox Mega Raffle Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Each 2010 Twistbox Mega Raffle Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
3. Sponsor: Each 2010 Twistbox Mega Raffle Sweepstakes is sponsored and administered by Twistbox Entertainment, Inc, 14242 Ventura Blvd, 3rd Floor, Sherman Oaks, CA 91423.
4. Agreement to Terms and Conditions: By participating in any of the 2010 Twistbox Mega Raffle Sweepstakes, entrant fully and unconditionally agrees to and accepts these Terms and Conditions and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the 2010 Twistbox Mega Raffle Sweepstakes.
5. How to Enter: There are 2 ways to enter:
a. Spend Mega Raffle Points. During any individual sweepstakes period, purchase or play one or multiple Twistbox Play For Prizes mobile games and log in to your Play For Prizes Account ("Account") if you already have one. If you are not already a Twistbox Play For Prizes member, follow the instructions displayed within each Play For Prizes mobile game. To redeem your points for entries into the 2010 Twistbox Mega Raffle Sweepstakes, visit www.play-for-prizes.com, click on "Play For Prizes," login to your Account and follow the links and instructions to debit your Account by the number of Mega Raffle Points corresponding to that particular Sweepstakes requirement and you automatically will receive the pre-selected number of entries you have chosen from the corresponding drop-down list into that Sweepstakes.
b. Alternate Method of Entry: To enter without debiting points from your Account, hand print your name, address, day and evening phone numbers, email address, age, cell phone number, cell phone model and cell phone carrier on a 3" x 5" piece of paper and mail it in an envelope with proper postage to "2010 Twistbox Mega Raffle Sweepstakes", Twistbox Entertainment, Inc, 14242 Ventura Blvd, 3rd Floor, Sherman Oaks, CA 91423. For each mail-in request you will be entered once into the individual sweepstakes indicated on your entry card. Limit: 1 entry per envelope. All mail-in entries must be handwritten and not photocopied. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, misdirected or postage-due entries, which will be disqualified. All mail-in entries must be postmarked and received by the dates set forth in the details of each individual 2010 Twistbox Mega Raffle Sweepstakes.
6. Drawings: Sponsor's and/or Administrator's decisions as to the selection of the potential winners are final and binding. On or about the drawing date set forth in the details of each individual 2010 Twistbox Mega Raffle Sweepstakes, the Administrator will select the potential winner for each individual Sweepstakes in a random drawing from all eligible entries received in that Sweepstakes. The potential winner will be notified by mail or email. The odds of winning a particular prize depend on the number of eligible entries received in the corresponding individual Sweepstakes.
7. Requirements of Potential Winners: Potential winners must continue to comply with the Terms and Conditions and winning is contingent upon fulfilling all requirements. Potential winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return, within 10 days of the date notice is given (unless otherwise indicated by Administrator), an affidavit of eligibility, liability/publicity release (except if prohibited) in order to claim his/her prize and fulfill any such other requirements as determined by Administrator. If a potential winner fails to sign and return the affidavit of eligibility and/or liability/publicity release within the required time period, the potential winner may forfeit the prize. In the event that a potential winner is disqualified for any reason, Administrator may select an alternate winner in a random drawing from among all remaining eligible entries, up to 3 alternates, if time permits. If all potential alternate winners are disqualified for any prize, no further drawings will take place and that prize will not be awarded.
8. Individual Sweepstakes: The Sweepstakes, starting, ending and drawing dates, the prize descriptions, age requirements, and other information for each individual Sweepstakes are set forth in the details of each individual 2010 Twistbox Mega Raffle Sweepstakes accessed through the mobile games that offer entry into the 2010 Twistbox Mega Raffle Sweepstakes and by navigating to the Mega Raffle page on the Twistbox website. All prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any prize for one of equal or greater value if the designated prize should become unavailable for any reason. All winners are responsible for all taxes and fees associated with prize receipt and/or use.
9. Publicity: Except where prohibited, participation in any of 2010 Twistbox Mega Raffle Sweepstakes constitutes entrant's consent for the Sponsor and the Sponsor's designees to use entrant's name, likeness and state of residence for promotional purposes in any media without further consideration.
10. Privacy: Information collected from entrants is subject to the Twistbox Entertainment, Inc.'s Privacy Policy (Terms of use).
11. General Conditions: In the event that the operation, security, or administration of any of the individual 2010 Twistbox Mega Raffle Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problems, the Sponsor may, in its sole discretion, either: (a) suspend the 2010 Twistbox Mega Raffle Sweepstakes to address the impairment and then resume the 2010 Twistbox Mega Raffle Sweepstakes in a manner that best conforms to the spirit of these Terms and Conditions; or (b) award the prizes in a random drawing from among all eligible entries received up to the time of impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the 2010 Twistbox Mega Raffle Sweepstakes or to be acting in violation of these Terms and Conditions or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of any part of the 2010 Twistbox Mega Raffle Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Terms and Conditions shall note constitute a waiver of that provision.
12. Release and Limitations of Liability: Except where prohibited, by participating in a 2010 Twistbox Mega Raffle Sweepstakes, entrants agree to release and hold harmless Twistbox Entertainment, Inc., and its parents, subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in any 2010 Twistbox Mega Raffle Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the 2010 Twistbox Mega Raffle Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of any 2010 Twistbox Mega Raffle Sweepstakes or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the 2010 Twistbox Mega Raffle Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, the Release Parties' liability will be limited to the cost of entering and participating in the 2010 Twistbox Mega Raffle Sweepstakes and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the 2010 Twistbox Mega Raffle Sweepstakes; provided that if it is not possible to award another entry due to the discontinuance of the 2010 Twistbox Mega Raffle Sweepstakes for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than stated number of prizes for any individual sweepstakes will be awarded. In the event that production, technical, seeding, programming or any other reason cause more than stated number of prizes as set forth in any individual Sweepstakes to be claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: Entrant agrees that (i) any and all disputes, claims and causes of action arising out of or connected with this 2010 Twistbox Mega Raffle Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the State of California; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any 2010 Twistbox Mega Raffle Sweepstakes, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and Sponsor in connection with the 2010 Twistbox Mega Raffle Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. 2010 Twistbox Mega Raffle Sweepstakes Results and Terms and Conditions: For a list of winners or a set of the Terms and Conditions, send a self-addressed stamped envelope to "Twistbox Mega Raffle Rules and Winners," Twistbox Entertainment, Inc, 14242 Ventura Blvd, 3rd Floor, Sherman Oaks, CA 91423. Requests for a set of the Terms and Conditions must be received by January 1, 2011. Request for a list of winners must be received by January 30, 2011.











