Terms and Conditions of Use following the Rules and Regulations
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL PURCHASES AND PRIZE WINNINGS ARE IN USD.
The Promotion Period ("Promotion Period") for the Sweepstakes begins on January 15, 2018.
A person can participate in the Sweepstakes by visiting the Funzpoints URL (funzpoints.com) for free and playing virtual coins in the Funzpoints games. Each ticket awarded or won is equal to one Sweepstakes entry. This Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Sponsor, its partners, and its affiliates and may be presented in conjunction with offers sponsored by different organizations.
Sponsor reserves the right to change the game odds and payouts at any time.
For any drawing, Sponsor or a company acting on its behalf will attempt to notify the potential winner within forty eight (48) hours of the drawing. Notice can be given by email, text, by telephone, in person, by mail or overnight mail, desktop alert, website notification, Facebook message or in such other manner as determined by Sponsor. Notice will be delivered and deemed made in accordance with the contact information or method of contact provided to sponsor when the participant registered for an entry into the Sweepstakes. It is the sole responsibility of each Sweepstakes participant to maintain their contact information or method current. Neither sponsor nor any other person or entity shall have any responsibility or liability for failure to provide notice due to a Sweepstakes participant's failure to maintain their contact information or method of contact current.
Participants agree (1.) that Sponsor, its affiliated companies, promotion and advertising companies, computer servicing companies and security agencies, and all of their respective employees, officers, directors, agents and representatives (individually and collectively referred to as "Sponsor, affiliates, partners and personnel") are released, will have no liability whatsoever for, and shall be held harmless by winners, entrants, and participants against any liability for any losses, damages, or injuries of any kind (whether due to negligence or otherwise) to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, loss, use or misuse of the prize or participation in this Sweepstakes or any Sweepstakes related or travel related activities, and,(2.) each potential winner and winner agrees to grants permission to Sponsor and those acting under its authority the right to the use of his/her name, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, World Wide Web and other media (except where such usage is legally prohibited), without approval, review or notice.
The use of improper, unfair, or unauthorized methods to access and enter this Sweepstakes is strictly prohibited, including but not limited to the opening and/or use of multiple accounts, the use of altered or unauthorized hardware or software to assist or alter play (including the use of bots, bot nets, collusion with bots and/or use of gaming programs or software), accessing the Funzpoints from foreign or otherwise ineligible location or IP address, using proxy servers, automated technology, or other means to conceal your identity, any circumstance or act that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of deception or fraud. Entries determined by the Sponsor to be submitted through such means are not valid entries and are not eligible to win a prize and all associated entries and individuals using such methods may be disqualified for winning prizes in the future.
Sponsor, partners, affiliates, and personnel are not responsible for late, lost, incomplete, misdirected, postage due or non-delivered entries, email or mail; or for unavailable or interrupted satellite, server, network, Internet Service Provider (ISP), application, website, telephone or other connections, availability or accessibility, or miscommunications, or failed satellite, computer, cable or telephone transmissions, or lines, or technical or programming error or failure or corrupted, jumbled, delayed, scrambled, or misdirected transmissions or computer software or hardware malfunctions, technical errors or difficulties, or failures, or other errors of any kind whether mechanical, human, electronic or network or the inaccurate or incorrect capture of registration, entry or other information or the failure to capture, or loss of, any information. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any use of automatic, robotic, programmed, macro, third party or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Sponsor, partners, affiliates, and personnel are not responsible for damage or injury to participants' or to any other person's computer related to, or resulting from, participating in this Sweepstakes or downloading materials from, or use of, the application or website. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by bugs, worms, virus, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of Sponsor, impair or corrupt the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to modify, suspend, or terminate the Sweepstakes, and select any winner from entries received prior to action taken or as otherwise deemed appropriate and fair by Sponsor. Sponsor, partners, affiliates, and personnel are not responsible for any inaccurate or incorrect information, whether caused by application or website users, hacking, tampering, or by any equipment or programming associated with, or utilized in, the Sweepstakes, and assume no responsibility for any error, deletion, defect, interruption, delay in operation, or transmission, communications line failure, destruction or theft, or unauthorized access to, or use to, the application or website. In the event of any irregular entry for a drawing for any reason whatsoever Sponsor, partners, affiliates, and personnel sole liability will be to provide one entry in the next scheduled drawing (or as soon thereafter as practical) and will have no liability if there are no remaining drawings in the Promotion Period. No more than the stated number of prizes in these Official Rules in any prize category will be awarded. In the event that programming, production, technical, digital or any other reasons cause more than the stated number of prizes in any prize category, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes in that prize category by a random drawing among all eligible, legitimate, unawarded prize claims.
If you enter this Sweepstakes online, you are solely responsible for the security of your user account. You should take every precaution to keep it safe and private to prevent unauthorized use. Neither Sponsor nor any other person or entity will be responsible for any damages, losses, or consequences you may suffer due to unauthorized or careless use of your account.
IN NO EVENT WILL SPONSOR, PARTNERS, AFFILIATES, AND PERSONNEL BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, AND USE OF, THE APPLICATION OR WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The unenforceability or invalidity of any provision or portion of a provision of these Official Rules shall not affect the enforceability or validity of any other provision or portion of a provision. In the event that any provision or portion of a provision is determined to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision or portion of a provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision or portion of a provision hereof. These Official Rules cannot be amended or modified in any way except in writing by a duly authorized representative of Sponsor.
In the event of flood, fire, earthquake, accident, epidemic, explosion, or other act of God, act of public enemy; act of government, including any governmental order, regulation or order of any court of competent jurisdiction; strike, lockout or other labour dispute; civil or riot commotion; war (whether declared or undeclared) or armed conflict; acts of terrorism; enactment of, rule, or order or act of government or governmental instrumentality (whether federal, provincial, provincial, state or local); or other cause of similar or different nature beyond Sponsor's control (all of which events are referred to herein as "force majeure events"), Sponsor shall have the right to terminate this Sweepstakes drawing without further obligations, if any, hereunder, or at Sponsor's sole option, to suspend the Sweepstakes drawing for a period equal to the duration and the effect of the duration of any such force majeure event.
In the event that these Rules and Regulations, or any promotion, advertising, or other printed, written, or graphic material, including but not limited to such materials appearing on the World Wide Web are presented in a language other than English and there is a discrepancy, inconsistency or interpretation issue between the English language version and the other language version of these Official Rules or of any materials, the English version shall prevail, control and govern. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern.
Except where prohibited, entrants agree that: (1.) any and all claims, disputes, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively through final and binding arbitration, and (2.) any and all claims, awards and judgements shall be limited to actual out-of-pocket costs incurred, including costs directly associated with entering this Sweepstakes but in no event attorneys' fees; and (3.) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased and for any other damages other than for actual out-of-pocket expenses.
Sponsor reserves the right to modify, alter, suspend or terminate the Promotion if any federal, provincial or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in any current enforcement policy affects the legality of the Promotion, in whole or in part.
For the name(s) of the winner(s), print your name and complete address on a self-addressed first class stamped envelope and mail to: Funzpoints Winners List, 58 Glenda Crescent, Sydney, NS B1S 2M5. For a copy of these Official Rules print your name and complete address on a self-addressed first class stamped envelope and mail to: Woopla Gaming, 58 Glenda Crescent, Sydney, NS B1S 2M5.
Woopla Gaming Ltd. 58 Glenda Crescent, Sydney, Nova Scotia B1S 2M5.
Funzpoints players shall be referred to in the singular as "User" or "you" and in the plural as "Users". You must be 18 years of age or older to play Funzpoints. You are responsible for obtaining any mobile device or computer and Internet service necessary to access Funzpoints and for paying any fees for the service and equipment you select. You are responsible for ensuring that all persons who access Funzpoints through your mobile device or computer are aware of all these Terms and Conditions of Use, and comply with them.
Funzpoints is owned and operated by Woopla Gaming Ltd. ("Woopla Gaming") 58 Glenda Crescent, Sydney, NS B1S 2M5.
Access to Funzpoints is permitted at the discretion of Woopla Gaming. Funzpoints may be changed or withdrawn at the sole discretion of Woopla Gaming. Woopla Gaming will not be liable if Funzpoints is unavailable for any reason and at any time.
You may view, copy, download, and print Content that is available on Funzpoints, subject to the following conditions:
Any products, service, discount prices, promotions, coupons and bonuses that are displayed on Funzpoints by third party companies ("Offer" or "Offers") for the benefit of Users are available for a designated period of time. Woopla Gaming cannot verify all information provided by third party companies and errors in reporting, gathering, and displaying such information may occur. Funzpoints Users understand and agree that Woopla Gaming shall not be liable related to availability or accuracy of any Offers. Any prices listed on Offers are the responsibility of the advertiser and may represent a comparative price estimate and may or may not represent the prevailing price in every geographic area on any particular day. Please note that taxes and other charges may be applicable and applied by the relevant gaming company in connection with any Offer and Funzpoints refers you to their Terms and Conditions.
If you choose to provide information by becoming a Funzpoints player or by participating in an Offer, event, promotion or service offered by Funzpoints, you agree that you will provide complete, accurate, and up-to-date information.
By accessing Funzpoints, you agree to abide by the following standards of conduct. You may only use Funzpoints for lawful purposes. You agree that you will not, and will not authorize or facilitate any attempt by another person to use Funzpoints:
You also agree not to access without authority, interfere with, damage or disrupt:
Funzpoints is intended to an adult audience only and is not in any way targeted at children under age 18. Funzpoints does not knowingly solicit market to, solicit or collect information from any person under the age of 18.
Unless otherwise noted, all Content contained on Funzpoints is the property of Woopla Gaming, licensors or affiliates and is protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions and treaties, and other intellectual property laws. All such rights are reserved. Offer names are trademarks or registered trademarks of their respective owners.
Woopla Gaming does not claim ownership of Content submitted by Users but Users understand and agree that such Content may be made publicly accessible through Funzpoints. By submitting such Content, you agree to grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to distribute, use, reproduce, adapt, modify, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until Funzpoints deletes the Content from its systems.
When you register to participate in an online photo, video, or discussion forum, promotion, or other service promoted on Funzpoints, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use (including but not limited to preventing use by persons under the age of 18), and you are responsible for all activity that occurs on your account. You agree to notify Woopla Gaming immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. Woopla Gaming is not responsible for damages or losses caused by your failure to safeguard your login and/or password.
You agree to not misuse Funzpoints by knowingly introducing worms, viruses, trojans, logic bombs or other material which is technologically harmful or malicious. You agree to not attempt to gain unauthorized access to Funzpoints, the server on which Funzpoints is stored or any computer, server, or database connected to Funzpoints. You agree to not attack Funzpoints via a denial-of-service attack or a distributed denial of service attack. Woopla Gaming will not be liable for any damage or loss caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer software, hardware, equipment, mobile device, computer programs, data or other proprietary material due to your use of Funzpoints or to your downloading of any material posted on or linked to Funzpoints.
The material and Offers displayed on Funzpoints is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Woopla Gaming, affiliates, and subsidiary companies and third parties connected to Funzpoints hereby expressly exclude:
This does not affect Woopla Gaming's liability for death or personal injury arising from Woopla Gaming's negligence, nor Woopla Gaming's liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Funzpoints may contain links to third party websites and mobile applications that are provided to you as a convenience. Any third party website or mobile application accessed from Funzpoints is independent from Funzpoints, and Woopla Gaming has no control over the content of such third party websites or mobile applications. Woopla Gaming is not responsible for the content of any linked third party website or mobile application or for any loss or damage incurred in connection with your use of such third party websites or mobile applications or dealings with the operators of such third party websites or mobile applications.
In no event shall any reference to any Offer be construed as an approval or endorsement by Funzpoints of that third party or of any offer provided by a third party. Likewise, a link to any third party website or mobile application does not imply that Woopla Gaming endorses or accept any responsibility for the content or use of such a website or mobile application. Woopla Gaming does not endorse, warrant, or guarantee any Offer through Funzpoints and will not be a party to or in any way monitor any transaction involving any third-party providers of Offers. As with the purchase of an Offer through any medium or in any environment, you are responsible for exercising appropriate caution and judgement.
Woopla Gaming may terminate any User's access to Funzpoints, including access to any online photo, video, in its sole discretion, at any time and for any reason, with or without prior notice. It is Woopla Gaming's policy to terminate Users who violate these Terms and Conditions of Use as deemed appropriate in Woopla Gaming's sole discretion. Woopla Gaming also reserves the right to terminate accounts with offensive names or profile images. You agree that Woopla Gaming is not liable to you or any third party for any termination of your access to Funzpoints.