Malakye Trivia Terms & Conditions
June 12, 2008
By submitting an answer to Malakye Trivia, you are “opting” in to our weekly newsletter, and the following Terms & Conditions apply. It’s a lot of mumbo-jumbo.
Malakye.com Trivia Terms and Conditions
The Malakye.com Trivia is open only to legal residents of the fifty (50) United States and the District of Columbia and residents of Canada who are 13 years of age or older. Employees, officers and directors of Sponsor and each of its related companies and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to enter. All federal, state and local laws and regulations apply. By participating in the Trivia, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding.
Broadsan Technologies Inc, 1721 Artesia Blvd. #E Manhattan Beach, CA 90266.
3. TRIVIA PERIOD:
There are twelve trivia periods per year operated on an annual basis.
4. HOW TO ENTER:
There is one way to enter the Trivia: During the trivia Period, go to www.malakye.com and follow the links and instructions to participate. As part of the participation process you will be prompted to provide an email address. By clicking on the various tabs on www.malakye.com a contenstan can view all of the trivia prizes currently being offered.
FOR ALL ENTRIES:
All entries must be received during the Trivia Period. Proof of entry submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed the entrant. The “authorized account holder” is the natural person assigned to the email address by the organization responsible for assigning email addresses for the respective domain.
5. DRAWING and NOTIFICATION OF POTENTIAL WINNERS:
Potential winners will be selected at random from among all eligible entries received. Drawings will be held monthly. Sponsor, whose decisions as to the administration of the Trivia and the selection of the potential winners are final, will conduct the drawing. The potential winners will be notified by electronic mail within seven (7) days of the drawing. In order to claim his/her prize, the potential winners must, except where prohibited, return to Sponsor, within fourteen (14) days of being notified, (1) an electronic email to acknowledge winning prize and release Sponsor from liability/publicity release and (2) a copy of the confirmation email received after entry in the winning Trivia. If a potential winner cannot be contacted within seven (7) days after the first attempt to contact him/her, an alternate entrant will be selected in his/her place at random from among all eligible entries received. If a winner has not reached the age of majority in his/her home state, then the prize will be awarded in the name of his/her parent or legal guardian. Potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Please see www.malakye.com for the most updated information on the prizes being given away for each trivia.
Acceptance of any prize shall constitute the winner’s consent to Sponsor’s use of the winner’s name, likeness, voice, opinions, prize information and hometown and state for promotional purposes in any media, worldwide, without limitation and without further payment or consideration, except where prohibited by law.
8. RELEASE AND LIMITATIONS OF LIABILITY:
By participating in the Trivia, entrants agree to release and hold harmless Sponsor, its officers, directors, employees, affiliated companies and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Trivia or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Trivia; (b) technical errors related to computers, servers, providers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Trivia or the processing of entries; or (e) 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 Trivia or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Trivia, and in no event shall the Released Parties be liable for attorneys’ fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Trivia or any prize awarded shall be resolved under the laws of the State of California, without respect to any conflict of law issues, and entrant agrees that such shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. Federal and State Courts of Los Angeles, California.
9. GENERAL CONDITIONS:
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 Trivia. Sponsor reserves the right to cancel, suspend and/or modify the Trivia if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Trivia, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any person it finds to be tampering with the entry process or the operation of the Trivia or to be acting in violation of these Official Rules or in a disruptive manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. PERSONAL INFORMATION:
The personal information collected through the trivia is subject to Sponsor’s privacy statement.
11. TRIVIA RESULTS:
For Trivia results, go to www.malakye.com