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Official Rules and Terms of Service


NO PURCHASE NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND IN QUEBEC.


ACCEPTANCE OF GAMESVILLE TERMS

Welcome to Gamesville (the "Service"). By using the Service, you agree to these Official Rules and Terms of Service located at http://www.gamesville.com/help/rules.htm and the Lycos Network General Terms of Service located at http://info.lycos.com/legal/legal.html and the Lycos Network Privacy Policy located at http://info.lycos.com/privacy/privacy.html, both of which are incorporated here in by reference. Capitalized terms used here without definition will have the meanings set forth in the Lycos Network General Terms.

Lycos reserves the right to update and change, from time to time, these Official Rules and Terms of Service and all documents incorporated herein by reference. You can always find the most recent version of the Official Rules and Terms of Service and the most recent version of the Lycos Network General Terms of Service at the URLs indicated above.

In the event of any inconsistency between these Official Rules and Terms of Service and the Lycos Network General Terms of Service or Privacy Policy, as such relate to the Service, the Gamesville Official Rules and Terms of Service shall prevail in relation to the Service.

DESCRIPTION OF SERVICE

The Service is composed of the Gamesville.com website and affiliated sites, and offers games, activities, contests and other services.

ACCOUNT REGISTRATION/SUBSCRIPTION

You may register for the Service directly on the Gamesville.com site. By registering for this Service, you will receive a Lycos Network ID which also serves as your Gamesville member name. Please review the Lycos Network General Terms and Conditions and Privacy Policy prior to registration. If you already have a Lycos Network ID, then you may log into the Service using your Lycos Network ID and Password.

You are expressly prohibited from creating multiple Lycos IDs or Gamesville member names for use by the same person. You may not use more than one Lycos Network ID or Gamesville member name to avoid restrictions or other limitations on games, contests, sweepstakes, prizes or other activities on Gamesville. Any violation will result in immediate suspension of all your accounts.

You may access many games and services offered through the Service without paying Lycos or any of its Affiliates.

HOW TO ENTER AND PLAY

To enter the Promotion, log on to Gamesville at http://www.gamesville.com and follow the directions set forth in the registration area. You will be asked to provide a user name, email address, location and age validation. Once you have completed the online registration process, you can play any Gamesville Game. After you have registered as a Gamesville Member, to play any Gamesville Game visit http://www.gamesville.com, sign-in and click on your selection.

WINNER NOTIFICATION, VERIFICATION, & PAYMENT

Gamesville will notify potential winners by email and by posting the winner's name on a list of winners. Neither Gamesville nor Lycos is responsible for late, lost, or misdirected notifications. Email notifications and posting on winner lists do not constitute a guarantee of payment of any kind.

Eligible winners from Canada will be required to answer a mathematical, time-limited question administered by telephone, mail or email in order to be declared a winner and claim their prize(s).

If a potential winner cannot be contacted, is ineligible, fails to claim a prize, fails to register a proper and current mailing address with Gamesville, or fails to complete an affidavit and release within sixty (60) days of the win event, the prize will be forfeited. Also, all checks are marked VOID after 90 days after issue date. If a potential winner is a Canadian resident, to be declared a winner, he or she must correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be administered by phone or email. If the potential winner in Canada cannot be contacted and the skill test administered within ten (10) business days after the first attempt to contact such potential winner, the prize will be forfeited.

Winner consents to the use of his or her name and likeness for publicity and commercial purposes without limitation and without further compensation or consideration in perpetuity unless prohibited by law.

Each potential winner may also be required to provide Gamesville with proof that the winner is the authorized account holder of the email address associated with the winning entry. The winner(s) will be deemed to be the authorized account holder of the email address submitted during the registration process. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

Winnings are paid as checks, in U.S. dollars within sixty (60) business days. Winnings checks are mailed via the U.S. postal service to the confirmed mailing address on file with Gamesville. Any prize returned to Gamesville as undeliverable will be considered forfeited and will not be reissued. Neither Gamesville nor Lycos is responsible for lost, late, delayed, misdirected, incomplete or improper processing of mail and shall not assume liability for lost, damaged, or misdirected prizes. Gamesville reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted.

ELIGIBILITY

Gamesville games and contests can be played by people worldwide, who are 18 years of age or the age of majority in their respective jurisdiction at the time of entry, but only residents of the residents of the 50 United States, the District of Columbia, Canada, and the United Kingdom are eligible to win cash prizes. No employee, officer, or their immediate families (defined as spouse, child, sibling, parent, or grandparent) or household members, of Lycos, Inc., its parent, divisions, affiliates, subsidiaries, or agents (collectively, "Lycos") or advertising agencies is eligible. Users who access Gamesville through WebTV are not eligible to win any game or prize. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND IN QUEBEC. Eligible winners from Canada of Gamesville chance-based games and promotions will be required to answer a mathematical, time-limited question administered by telephone, mail or email in order to be declared a winner and claim their prize(s).

Players are expressly prohibited from creating multiple Lycos IDs or Gamesville member names for use by the same person. Any violation will result in immediate suspension of all associated accounts.

TAXES

All taxes, fees and surcharges on prizes are the sole responsibility of the game winners. Lycos Gamesville, by law, may be required to withhold certain taxes or other assessments with respect to the prizes awarded on Gamesville and reserves the right to withhold any such applicable taxes with respect to such prizes. Non-U.S. residents are subject to United States tax withheld from winnings and are responsible for any local taxes. Lycos Gamesville must withhold the IRS foreign withholding tax for all non-U.S. winners, no matter the amount won, based on IRS regulations.

COMMUNICATION

Gamesville's policy is to provide communications, whether such communications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Gamesville in its sole discretion. By providing Gamesville your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Gamesville may also use your email address to send you additional messages, such as updates, newsletters, changes to features of the Service, or other offers. If you do not want to receive certain email messages, you may opt out by updating your preferences within the Manage Account page. Opting out may prevent you from receiving valuable messages regarding updates, site improvements, or extra offers. Gamesville reserves the right to send you notices about your account even if you opt out of all voluntary email communications.

GENERAL CONDITIONS

By playing, each player accepts and agrees to be bound by these official rules, the Gamesville Official Rules and by the decisions of Lycos, which shall be final and binding in all respects. All federal, state, provincial and local laws apply.

Gamesville may prohibit you from participating in the Game, if at its sole discretion, you show a disregard for these official rules and the Gamesville Official Rules, or act (1) in an unsportsmanlike manner; (2) with an intent to annoy, abuse, threaten, or harass any other player or Gamesville or Lycos representative; or (3) in any other disruptive manner.

The use of software, machines, computers, scripts or any automated system to play Gamesville games ("Cheating") is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. The accumulation of GV Rewards, sweepstakes entries, prizes, badges, or game points through Cheating is also strictly prohibited. Gamesville's determination of whether a user is Cheating is strictly at Gamesville's sole discretion.

Gamesville may terminate and permanently disqualify any entrant in any prize drawing or other activity on Gamesville who Gamesville, in its sole discretion, determines as being in violation of these Official Rules or the Lycos Network terms and conditions. If Gamesville terminates a player's account and/or disqualifies a player from the play of any Gamesville game, the player will immediately lose any right of access to any unawarded, unclaimed, or undelivered prizes; current or lifetime GV Rewards; and any other digital content associated with this account. All decisions by Gamesville are final and binding.

ANY ATTEMPT BY A MEMBER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF GAMESVILLE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, LYCOS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY

LYCOS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE REGISTRATIONS OR GAMES PLAY INFORMATION OR ENTRY OF INFORMATION, WHETHER CAUSED BY GAMESVILLE USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN GAMESVILLE OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE OPERATION OF LYCOS GAMESVILLE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LYCOS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON GAMESVILLE OR ANY OF THE GAMESVILLE GAMES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LYCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GAMESVILLE OR ANY OF THE GAMESVILLE GAMES, FROM INABILITY TO USE GAMESVILLE OR TO PLAY ANY GAMESVILLE GAMES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GAMESVILLE OR ANY GAMESVILLE GAMES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON GAMESVILLE OR RECEIVED THROUGH ANY LINKS PROVIDED IN GAMESVILLE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON GAMESVILLE OR RECEIVED THROUGH ANY LINKS PROVIDED IN GAMESVILLE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL LYCOS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

DISCLAIMER OF WARRANTIES

GAMESVILLE AND ALL GAMESVILLE GAMES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LYCOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GAMESVILLE AND ALL GAMESVILLE GAMES. TO THE FULLEST EXTENT PERMITTED BY LAW, LYCOS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS, INCLUDING ANY AND ALL PRIZES, RECEIVED THROUGH OR ADVERTISED ON GAMESVILLE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LYCOS GAMESVILLE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH GAMESVILLE OR THROUGH ANY LINKS PROVIDED IN LYCOS GAMESVILLE. LYCOS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LYCOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH LYCOS GAMESVILLE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

TERMINATION, SUSPENSION OR DISCONTINUATION OF GAMES

If, for any reason, Gamesville or any Gamesville game is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Lycos which corrupt the administration, security, fairness, integrity or proper conduct of Gamesville, Lycos reserves the right at its sole discretion to cancel, terminate, modify or suspend Gamesville or any Gamesville game. Gamesville reserves the right to halt the play of a game or games at any time and for any duration of time due to situations beyond its control such as strikes, acts of God, etc. In the event that Lycos cancels, terminates, or suspends the Game or any Gamesville game pursuant to the Gamesville Official Rules or any specific game official rules, Lycos shall award all prizes pursuant to a method to be determined by Lycos in its sole discretion. In addition, Gamesville reserves the exclusive right, exercisable in its sole discretion, to add additional games, along with such games' official rules, to Gamesville at any time. Gamesville exclusive rights expressed herein shall include, without limitation, the right to restrict the operating code of Gamesville and the Gamesville games in order to prevent any unauthorized tampering with the operations or play of Gamesville and the Gamesville games or any unauthorized use of computer programs, scripts or any other devices intended to automate any aspect of play in any Gamesville game. All decisions made with respect to Gamesville, Gamesville games, these official rules and any other games specific official rules are the sole responsibility of Lycos.

INDEMNIFICATION AND RELEASE

By registering with Gamesville or by playing Gamesville games, you agree to indemnify Lycos and hold Lycos harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of Gamesville, from any person's use of any account or password you maintain with Lycos Gamesville, regardless of whether such use is authorized by you, or from acceptance, possession, misuse, or use of any prize. By registering with Gamesville or by playing Gamesville games, you are hereby agreeing to release Lycos and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against Lycos, Gamesville, and/or any prize. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."