GV Gold Instant Win Game Official Rules (the "Rules")
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND IN QUEBEC.
The GV Gold Instant Win Game (the "Game") may be played once per day, beginning at 12:01 a.m. EST on the first day of each month (the "Game Start Date") and ending at 11:59 p.m. EST on the last day of each month (the "Game End Date") (such period referred to herein as the "Game Period"). The Game is sponsored by Lycos, Inc. (the "Game Sponsor"), in connection with its offering of on-line games at www.gamesville.com ("Gamesville"). Such on-line games, including the Game, are referred to herein as "Gamesville Games."
How to Enter and Play
GV Gold MembersParticipants may play the Game by becoming a GV Gold Member. Log on to Gamesville and follow the directions set forth in the registration area to become a GV Gold Member. You will be asked to provide your name, address, email address, phone number and date of birth and other information. Once you have completed the online registration process, you can play the Game.
The Game can be played once per day by GV Gold members. Each day, GV Gold members can click the "Gold" tab at the top of the Gamesville homepage to enter the GV Gold treasure room. Inside the treasure room is an array of treasure chests. Click the treasure chest of your choice to open it. Inside is a prize, as set forth in more detail below.
GV Gold members can play the Game once per day and chances to play the Game will not rollover to subsequent days.
Alternative Method of Entry - Other Gamesville Members and Non-members
Other Gamesville members and non-members may play the Game with the same odds and win the same prizes without becoming a GV Gold Member by printing their full name, complete mailing address, date of birth (mm/dd/yyyy), daytime phone number and e-mail address on a 3"x5" card and inserting it in a #10 business size envelope with the correct postage affixed and mailing it via regular mail to: "Gamesville Gold Instant Win Game", c/o Lycos, Inc., 100 Fifth Ave., Waltham, MA 02451-8703 ("Alternative Entry Method"). Limit one entry per person, per day. Upon receipt of the card, an agent of the Game Sponsor will play the Game on your behalf. Upon the event of a win, you will be notified at the email address printed on the card.
All entries become the property of the Game Sponsor and will not be returned.
During the Game Period, the following "Cash Prizes" will be available: one Cash Prize of $500; six Cash Prizes of $100; six Cash Prizes of $50; 25 Cash Prizes of $10; and 30 Cash Prizes of $5. In addition to the Cash Prizes, GV Rewards will be awarded as prizes in amounts ranging from 100 to 10,000 GV Rewards.
If non-Gamesville members win GV Rewards as their prize, they will receive as an alternative prize a Gamesville Desktop Wallpaper as specified in the following table:
GV Rewards and Gamesville Desktop Wallpaper have no cash value. Total value of all prizes is $1,800. Odds of winning are affected by the number of eligible entries received during the Game Period. All taxes, duties, fees and all other items not specified herein are the responsibility of the winner. No substitution or transfer of prizes is permitted except as described above and except that the Game Sponsor reserves the right to substitute a prize of equal or greater value. All Cash Prizes are in US dollars. Please visit http://www.gamesville.com/help/gv-rewards.htm to learn more about GV Rewards.
Winner Notification & Verification
Potential winner(s) will be notified either instantly by an on-screen notification or by email. Gamesville is not responsible for late, lost, or misdirected notification. Email notifications and posting on winner lists do not constitute a guarantee of payment of any kind.
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). 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.
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 return a completed and executed affidavit and release, within sixty (60) days of the win event the prize will be forfeited. 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. Neither Lycos nor Gamesville is responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winner.
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 after Gamesville's receipt of the completed affidavit and release. Winnings checks are mailed via the U.S. postal service to the confirmed mailing address on file with Gamesville. 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 return a completed and executed affidavit and release, within sixty (60) days of the win event the prize will be forfeited. Any prize returned to Gamesville as undeliverable will be considered forfeited and will not be reissued. Win claims submitted for less than $5 will be assessed a $1 processing & handling fee. If multiple eligible unclaimed winnings are available, those winnings will automatically be combined into a single lump sum, where possible, to avoid the processing & handling fee. 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.
The GV Gold Instant Win Game is open only to legal residents of the United States and Canada (specifically excluding residents of Puerto Rico, Guam, all other U.S. foreign possessions and territories, and Quebec) who are 18 years of age or the age of majority in their respective jurisdiction at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. All employees and officers and their immediate families (defined as spouse, child, sibling, parent, or grandparent) or household members of the Game Sponsor, its parent, divisions, affiliates, subsidiaries, or agents and their advertising agencies are not 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 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).
By playing, each participant accepts and agrees to be bound by these Rules, the Gamesville Official Rules and by the decisions of the Games Sponsor, which shall be final and binding in all respects. All federal, state, provincial and local laws apply.
The Game Sponsor may prohibit you from participating in the Game, if at the sole discretion of the Game Sponsor, you show a disregard for these 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 Game Sponsor representative; or (3) in any other disruptive manner.
ANY ATTEMPT BY A MEMBER OR ANY OTHER INDIVIDUAL TO 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, GAME SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations of Liability
GAME SPONSOR AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, INSURERS, SERVANTS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (COLLECTIVELY, THE "LYCOS ENTITIES") ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE REGISTRATIONS OR GAMESVILLE 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 GAMESVILLE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE LYCOS ENTITIES 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 THE LYCOS ENTITIES 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 THE LYCOS ENTITIES 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, THE LYCOS ENTITIES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GAMESVILLE AND ALL GAMESVILLE GAMES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LYCOS ENTITIES DISCLAIM 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 GAMESVILLE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH GAMESVILLE OR THROUGH ANY LINKS PROVIDED IN GAMESVILLE. THE LYCOS ENTITIES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE LYCOS ENTITIES DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH 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 Game Sponsor which corrupt the administration, security, fairness, integrity or proper conduct of Gamesville, Game Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend Gamesville or any Gamesville game. Game Sponsor reserves the right to halt the play of any Gamesville Game 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 Game Sponsor cancels, terminates, or suspends the Game or any Gamesville Game pursuant to these Rules, the Gamesville Official Rules or any specific game official rules, Game Sponsor may award all remaining prizes pursuant to a method to be determined by Game Sponsor in its sole discretion. In addition, Game Sponsor 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 any Gamesville Game in order to prevent any unauthorized tampering with the operations or play of Gamesville and any Gamesville Game 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 Rules and any other official rules for any other Gamesville Games are at the sole discretion of Game Sponsor.
Indemnification and Release
By registering with Gamesville or by playing Gamesville Games, you agree to indemnify the Lycos Entities and hold the Lycos Entities harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of Gamesville or any Gamesville Game, from any person's use of any account or password you maintain with 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 the Lycos Entities 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 any of the Lycos Entities. YOU HEREBY AGREE TO WAIVE YOUR RIGHTS UNDER ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE YOUR RIGHTS UNDER 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 IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
All taxes, fees and surcharges on prizes are the sole responsibility of the game winners. The Game Sponsor may be required by law to withhold certain taxes or other assessments with respect to the prizes awarded on Gamesville and Game Sponsor reserves the right to withhold any such applicable taxes with respect to such prizes.
Winners List / Rules
You can view the winners list on the Gamesville Internet Site, located at http://www.gamesville.lycos.com/.
Lycos, Inc., 100 Fifth Ave., Waltham, MA 02451-8703