ONE - GENERAL INFORMATION
1.1 Terms and Conditions - Binding
Participating in any event offered by CrosswordGold.com ("the Site")
signifies your knowledge of and agreement to be bound by the most current version
of these Terms and Conditions. The Site may modify these Terms and Conditions
at any time. Your continued use of the Site following such modifications signifies
your acceptance of those modifications. You are responsible for reviewing these
Terms and Conditions periodically for any such modifications.
These Terms and Conditions constitute the entire
agreement between you and CrosswordGold™ pertaining to the
subject matter hereof and supersedes all prior or other arrangements,
understandings, negotiations and discussions, whether oral or written.
No waiver of any of the provisions of these Terms and Conditions
shall be deemed or shall constitute a waiver of any other provisions
hereof (whether or not similar), nor shall waiver constitute a
continuing waiver unless otherwise expressly provided.
If any provision of these Terms and Conditions is
found to be invalid or unenforceable by a court of competent jurisdiction,
such provision shall be severed from the remainder of these Terms
and Conditions, which will otherwise remain in full force and effect.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with
the laws of North Carolina, irrespective of any principles of conflicts of
By registering and/or participating in any event
offered on the Site, you agree that any dispute that cannot be
resolved between the parties shall be resolved individually, without
resort to any form of class action. You further agree that any
legal action arising from any dispute shall proceed only in the
state or federal courts located in Raleigh in the sate of North
Carolina, or as otherwise determined by us, and you hereby submit
to personal jurisdiction and venue in such courts for the purposes
of litigating any such action.
Free crossword events shall not be subject to any
legal action since no registration fees are required for participation.
Free events are used for testing and entertainment only.
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules
detailed in writing on the Site, constitute the entire agreement between
you and the Site and cannot be modified by you. These Terms and Conditions
cannot be modified on an individual basis by any person affiliated, or claiming
affiliation, with the Site. Nothing in this subsection will prevent the Site
from modifying the terms of these Terms and Conditions and posting such modifications
on the Site.
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 and enforceability of the remaining provisions.
SECTION TWO - OBLIGATIONS
2.1a Eligibility (United States)
To register and/or participate in any event offered on the Site, you must:
a) be a natural person who is assigned or provides a unique registration number
that accompanies a registration CD or ticket;
b) be at least eighteen (18) years old to purchase a registration CD or ticket
using an accepted credit card and be the owner of the accepted credit card
or account used for the transaction;
c) be a U.S. citizen or resident alien with a U.S. address;
d) be physically located within the U.S.;
e) be physically located in a U.S. state in which participation in the event
is unrestricted by law; and
f) at all times abide by these Terms and Conditions.
The rules governing sweepstakes, gaming, contests,
gambling, and betting with entry fees and/or awards are set up
by each individual state, not by the federal government. Based
on these 50 sets of laws, this Site DOES
NOT offer events requiring a registration fee to
residents where competitive events offering awards are prohibited
This Site offers competitive events that require
skill and are timed to the 10,000th of a second. Laws in many states
are ambiguous. As an example, we find the following laws in Illinois.
The two areas contradict each other.
Gambling - Playing games of chance or skill for
money or other thing of value; wagering upon games, contests, or
elections; owning or operating gambling devices.
Other Kinds of Gambling-Related Activities Allowed
or Banned - Compensation agreements; bona fide contests of skill,
speed, strength, or endurance; manufacture of gambling devices;
bingo; raffles; possession of antique slot machines; pull tab and
jar games; and charitable games allowed.
Consider a running event, which would fall into
the allowed category above. One would think there would be no elements
of chance in such an event. That is not true. One of the competitors
could be tripped or turn his/her ankle. That negatively affects
one and positively affects the others. That happens purely, in
most cases, by chance. There can be some element of chance in virtually
any event or competition. Games usually have more elements of chance
that can influence the outcome.
If you live in Arizona, Arkansas, Connecticut, Delaware,
Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina,
South Dakota, Tennessee or Vermont, we recommend you review your
state gaming laws before participating.
Competitions offered by this Site are VOID
WHERE PROHIBITED OR RESTRICTED BY LAW. If you
participate in any event offered on the Site while located
in a prohibited jurisdiction, you will be in violation of the
law of such jurisdiction and these Terms and Conditions, and
subject to being disqualified from the competition. Additionally,
all awards (if any) may be voided at the sole discretion of
2.1b Eligibility (Non-U.S.)
a) be a natural person who is assigned or provides a unique registration number
that accompanies a registration CD or ticket;
b) be at least eighteen (18) years old to purchase a registration CD or ticket
using an accepted credit card and be the owner of the accepted credit card
or account used for the transaction;
c) be responsible for all shipping, VAT, duties and any other fees or taxes
associated with any award won through an event unless otherwise stated in the
If you are a U.S. resident, make sure you are not
from one of the restricted states. VOID
WHERE PROHIBITED OR RESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive
any award offered on the Site: employees, officers, and directors (and their
immediate family members) of the Site, its parent companies, subsidiaries,
and affiliates; and any other person with access to non-public information
regarding the operation of any event offered on the Site. 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.
2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which
you reside and from which you access the Site and are solely responsible
for obeying those laws. You agree the Site cannot be held liable if laws
applicable to you restrict or prohibit your participation. The Site makes
no representations or warranties, implicit or explicit, as to your legal
right to participate in any event offered on the Site nor shall any person
affiliated, or claiming affiliation, with the Site have authority to make
any such representations or warranties.
The Site reserves the right to monitor the location
from which you access the Site and to block access from any jurisdiction
other than the U.S., or any U.S. jurisdiction in which participation
is illegal or restricted. The Site may require any participant
receiving any award to provide the Site with proof that he or she
is eligible to participate according to Sections 2.1 and 2.2 above.
It is the policy of the Site, in compliance with
United States Internal Revenue Service regulations, to send an
IRS Form 1099 or other appropriate form to any person who wins
an award with a value in excess of $600 (USD) on the Site in any
given year. Depending on the jurisdiction in which you reside,
the Site may also send you additional similar tax forms. Winners
are solely responsible for paying all applicable income taxes,
property taxes, VAT, duties, and all other local,
or government fees for merchandise or property awards. For the
sole purpose of determining a tax value for a particular prize
or award, the Manufacturer's Suggested Retail Price will be used
as the cash value of a merchandise award. Personal property such
as real estate, cars, boats, RV’s and the like will use the
local tax value as the cash value.
If you win a prize, the IRS and North Carolina considers
the prize value as income to you, which creates a tax liability
for the Winner. In order to mitigate this tax liability on prizes
of $1,000 or more, each CrosswordGold™ event
includes a cash component equal to 34% of the fair market value
of the prize. The 34% figure is comprised of 28% Federal Tax and
6% State Tax. These additional funds should eliminate most Winner’s
tax liability, but there may be some residual taxes due depending
on each Winner’s individual circumstances and the effective
tax rate applicable to them.
2.4 Acknowledgment of Proprietary Rights
By participating in any event offered on the Site, you acknowledge that all
information contained on the Site may be protected, in all forms and media,
by one or more valid copyrights, patents, trademarks, trade secrets, or other
proprietary rights, and that all such rights are owned by the Site. You may
not modify, publish, participate in the transfer or sale of, create derivative
works from, or in any way exploit this information, except that you may download
designated practice or event puzzles for your personal, non-commercial home
use only, provided you keep intact all copyright and other proprietary notices.
The Site neither warrants nor represents that your use of materials displayed
on the Site will not infringe rights of third parties. While the Site uses
reasonable efforts to include accurate and up-to-date information, the Site
makes no warranties or representations as to its accuracy. The Site assumes
no liability or responsibility for any errors or omissions in the content
of the Site.
Any communication or material you transmit to the
Site by electronic mail or otherwise, including 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 Site or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, the Site is free
to use any ideas, concepts, know-how or techniques contained in
any communication you send to Site for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products
using such information, without any additional compensation to
The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site, including the
names of all puzzles, are registered and unregistered Trademarks
of the Site and/or others. Nothing contained on the Site should
be construed as granting, by implication or otherwise, any license
or right to use any Trademark displayed on the Site without the
written permission of the Site or such third party that owns the
Trademark displayed on the Site. Your misuse of any Trademark displayed
on the Site, or any other content on the Site, except as provided
in these Terms and Conditions, is strictly prohibited. You are
also advised that the Site will aggressively enforce its intellectual
property rights to the fullest extent of the law, including but
not limited to, the active pursuit of criminal prosecution and/or
civil litigation where appropriate.
2.5 Promotional Activities
By participating in an event, you agree that the Site may display your name
and event records. By accepting any award from the Site, you agree to allow
the Site to print, publish, broadcast and use, worldwide, in any media and
at any time, your name, picture, voice, likeness, and/or biographical information
for promotional or related purposes without additional compensation.
If you send comments, questions or suggestions, including, but not limited
to, notes, text, drawings, or computer programs, to the Site, such submissions
shall become, and shall remain, the sole property of the Site. No submission
shall be subject to any obligation of confidence on the part of the Site.
The Site shall exclusively own all rights to, and shall be entitled to unrestricted
use of, all such submissions without compensation to you.
2.7 Information Required (U.S. competitors
Pertaining to an event’s electronic forms, you are required to submit
all information requested on the registration and answer forms. If your total
awards in any given year reach a value of $600, the Site will request that
you submit your social security number in order to send you an IRS Form 1099,
or other appropriate form, as required by Internal Revenue Service regulations.
2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete
and accurate. Knowingly submitting incomplete or inaccurate information will
result in immediate disqualification and forfeiture of any awards to which
you may have otherwise been entitled.
The Site will not intentionally disclose any personally identifying information
about you (including information submitted on registration forms, your social
security number, your e-mail address, information obtained by the Site from
cookies, and information regarding your IP address) to third parties without
your consent except where the Site, in good faith, believes such disclosure
is necessary to comply with the law or other contractual provisions of the
Site or to enforce these Terms and Conditions or other rules of the Site.
Your acceptance of any award from the Site constitutes consent for the Site's
disclosure of personal information as described in Section 2.5. The Site
reserves the right to collect general demographic and other market information
that does not personally identify you to any person without additional consent.
CrosswordGold™ utilizes e-mail, a major social networking site
or our ‘Announcements’ page for event notifications, the status
of ongoing events, and to let you know of special promotions, events and
policy changes. New Registrants automatically agree to receive e-mails from
CrosswordGold™. You must have a valid, operating e-mail account
and set any filters to allow messages from CrosswordGold™.com to get
through. We accept no responsibility for undelivered or rerouted e-mail.
2.10 Minimum Recommended System Configuration
The events offered on the Site will function best if your computer system meets
the following requirements:
Operating System: Windows XP (Home or Pro), Vista
Browser: Microsoft Internet Explorer 6.0 or higher (or equivalent)
Processor: Intel® Pentium® II 500MHz (or equivalent/higher)
RAM: 256MB or higher. We recommend closing all programs to free memory before
practice or event entry.
Connection Speed: 56K or higher (Cable/DSL recommended)
Screen Resolution: 1024 x 768 or higher
Browser Plug-Ins: Abode Flash 7.0 or higher (9.0 or newer recommended)
Input: Keyboard and mouse (game pads and joysticks not supported)
2.11 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as "Spam".
Users who are reported and whose claims of "Spam" are validated by
the Site, will not be allowed to compete in events. Additionally, any awards
may be voided at the sole discretion of the Site. The Site defines "Spam" as:
# Electronic mail messages addressed to a recipient with whom the initiator
does not have an existing business or personal relationship or is not sent
at the request of, or with the express consent of, the recipient;
# Messages posted to Usenet and message boards that
are off-topic (unrelated to the topic of discussion), cross-posted
to unrelated newsgroups, or posted in excessive volume;
# Solicitations posted to chat rooms, or to groups
or individuals via Internet Relay Chat or "Instant Messaging" system
(such as ICQ);
ABUSE REPORTING: If you wish to report a violation
of our Anti-Spam Policy, please forward all evidence of abuse to:
abuse@CrosswordGold™.com. Please refer responsibly!
2.12 Unique Registration Numbers
Each competitor will receive or assign to themselves a unique registration
number for each entry into an event. That number will be used to identify
the competitor and route his/her time in the competition. Once a competitor’s
solution and time is logged with reference to a specific registration number,
no more attempts to log a different solution and time with reference to that
specific registration number will be accepted. That entry is locked. It is
the competitor’s sole responsibility to keep registration numbers secret
so third parties cannot use their number(s) to enter the event illegally.
Proof of identity along with your original event ticket will be needed to
claim major awards.
Free crossword events may use a participant's e-mail,
name, or other identifier for registration purposes.
Anyone who displays behavior which may be interpreted as the use of unfair
methods to better one’s timing during an event will be disqualified.
Revealing the answer to a puzzle after a competition begins and before it
closes, via any means, to a person or persons is a violation of these Terms & Conditions.
All awards (if any) will be forfeited. Please respect the other competitors
and their right to answer the puzzle without help in the allotted time. Regarding
an answer to a puzzle relayed personally, from the Internet, Twitter or another
source: It may not be correct! Don't jeopardize your chances
of winning an award by trusting someone else. Please compete fairly.
2.14 Registered Competitor
Registered Competitor status is possible only by the submission of an electronic
registration/answer form, fully and truthfully completed by the participant
in the English language. CrosswordGold™ reserves the right to
exclude from events persons who have not fully and truthfully completed the
associated registration/answer form.
2.15 Registration Acknowledgement
CrosswordGold™ will not acknowledge receipt of registration/answer
forms except through electronic server confirmation.
2.16 Registration Disputes
In the event of a dispute regarding who submitted a registration/answer form,
the registration/answer form will be deemed submitted by the authorized account
holder of the e-mail account at the time of the submission. "Authorized
account holder" shall be deemed to be the natural person who is assigned
to an e-mail address by an Internet access provider, on-line service provider
or other organization that is responsible for assigning e-mail addresses
for the domain associated with the submitted e-mail address. A participant
is allowed to submit only one registration/answer form.
2.17 Group Participation
Persons who participate in an event as a group will be regarded as one participant,
the one from which the registration/answer form is submitted.
2.18 Age Group Divisions
Age Group Divisions are: 10 and Under, 11-14, 15-19, 20-24, 25-29, 30-34, 35-39,
40-44, 45-49, 50-54, 55-59, 60-64, 65-69, 70-74, 75-79, 80 & over.
2.19 Internet Access
Participants must have access to the Internet to submit the required registration/answer
form, and each participant must have a working e-mail address. In addition,
each participant is personally responsible for retrieving the ‘Start’ password.
The methodology for obtaining the ‘Start’ password will
be e-mailed to all event registrants, broadcast via a major social networking
site and placed on the site’s Announcement page at a time designated
2.20 Start Time and Allotted Completion
A competition crossword begins when the password needed to open
the Lock Box, which enables a participant to open a Competition Crossword,
is broadcast. The date, time and methodology of that broadcast will be e-mailed
to all registered
competitors, announced via a major social networking
site and published on the site’s Announcements page a minimum of three
(3) days before the start of the event. Anticipated start times will be published
on each event page. CrosswordGold™ reserves the right to extend
the start time up to 240 days in 120 day increments and will publish a notice
on the Announcements page and send a message via Twitter. From the start of
is allotted seven (7) full days (168 hours) to complete the crossword and submit
their answer via the selected electronic Web form. After the 168 hour time
period, the database will be closed and the event deemed over. No more answer
forms will be accepted.
Due to potential delays (no matter how insignificant
they may be) in electronic transmissions, whether they be via the
Internet, radio, television, phone or other means of electronic
communication, CrosswordGold™ will consider that the ‘Password’ was
made available to all participants at the Same Time when CrosswordGold™ successfully
announces said ‘Password’ via
a major social networking site or it is successfully announced
through another medium by a selected agent at the date and time
specified in the announcement detailing the ‘Password’ publication
date, time and methodology. Successfully announced means the ‘Password’ was
viewed or heard on the selected medium at the date and time, or
an approximation thereof, by a representative of CrosswordGold™ and
one or more event participants. It is the sole responsibility of
an event participant to retrieve the ‘Password’ at
the specified date and time through the medium so announced. CrosswordGold™ will
not be responsible for delays or system failures of the broadcast
medium selected to announce the ‘Password’.
In the event the ‘Password’ could not be announced
at the specified date and time, CrosswordGold™ will
reschedule the event. The new date, time and methodology will be
to all registered participants, announced via a major social networking
site and published on the site’s Announcements page.
2.21 Event Conditions
CrosswordGold™ may, in their sole discretion, reschedule, cancel,
modify or suspend the event should a virus, bug, computer problem, unauthorized
intervention or other causes beyond the control of CrosswordGold™,
corrupt the administration or security of the event, or by any force majeure,
any actions, regulations, orders, or requests by any governmental or quasi-governmental
entity, equipment failure, including overloading of a Web site due to excessive
uploads, threatened terrorist acts, terrorist acts, air raid, blackout, act
of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic,
explosion, unusually severe weather, hurricane, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption
of any kind, work slow-down, civil disturbance, insurrection, riot, or any
other similar or dissimilar cause beyond the sole and reasonable control of
CrosswordGold™. CrosswordGold™ reserves the right,
in their sole discretion, to disqualify any individual who tampers with the
entry process. If an event is rescheduled, notification will be made by e-mail
message sent to all registered participants, via a major social networking
site and announcement (Announcements page) on the CrosswordGold™ Web
site. Rescheduling would include the free download of a new crossword puzzle.
Since these crossword competitions are competitive events, it is the sole responsibility
each ticket/CD holder (competitor) to compete in the event documented on their
ticket or CD. No claims will be honored that you, as an event participant,
did not understand the solving or answer procedure or how and when a competition
begins. Start times are published on the Web
site for each event. Published starting times for a particular event may be
changed at the discretion of CrosswordGold™. Start time changes will
be published on the CrosswordGold™ Web site’s Announcements
page and announced via a major social networking site. E-mail notification
will be sent to registered competitors. No refunds – ticket/CD
purchases or ticket(s)/CD(s) presented as gifts – will be made.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL OR ANY OTHER
PERSON TO DAMAGE OR UNDERMINE THE OPERATION OF A CrosswordGold™ EVENT
IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT
BE MADE, CrosswordGold™ RESERVES THE RIGHT TO SEEK
CIVIL AND/OR CRIMINAL PROSECUTION AND/OR DAMAGES FROM ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION THREE - DISCLOSURES
3.1 Odds and Awards
The results of all events offered on the Site depend on the number of competitors
participating in such events and the skill of each competitor. Since these
are timed competitions and are not games of chance, no odds of winning are
available. Awards may be different for each event. Competitors are advised
to review each event for award specifications on the CrosswordGold™ Web
3.2 Winners Lists
A list of major award winners will be posted on the Site following each event.
In the case of events with substantial awards, a list may be delayed while
verification of the results takes place.
3.3 Determination of Winners
Each event is timed to the 10,000th of a second. Winners are determined by
the time it takes to submit a solution to a crossword via the Internet. Results
entering the database are deemed official. The results and winners of each
event offered by the Site will be determined by the Site, and such determinations
are final. By registering and/or participating in any event, you agree to
be bound by these determinations. In case of a tie, those competitors will
compete in a new event to determine the winner(s).
3.4 CrosswordGold™ Term & Conditions
This document will be included on a CrosswordGold™ CD if a CD is used as the
distribution method. This document will be included on an event download.
SECTION FOUR - LIMITATION OF LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR ANY EVENT OFFERED ON THE SITE OR PRACTICING PUZZLES OFFERED
ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS,
OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE.
YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY
CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY
DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA,
OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access
to, use of, or browsing in the Site or your downloading of any
materials, data, text, images, video or audio from the Site.
In case of a malfunction or disruption of service
for which the Site is responsible that prevents the complete timing
of participants for a scheduled event, CrosswordGold™ will
notify all competitors that said event was cancelled, all times
cleared from the database, and a new event scheduled. The start
time and new crossword for the new event will be e-mailed to all
competitors registered for that event. The Site reserves the right
in its sole discretion, whether it is responsible for any such
malfunction or disruption. The Site also reserves the right to
disqualify you from an event and future participation should the
Site determine, in its sole discretion, that you have intentionally
caused such a malfunction or disruption. The Site is not responsible
for timing delays or submission problems if your personal connection
to the Internet is disrupted.
CrosswordGold™ and their respective
parents, subsidiaries, affiliated companies, successors and assigns
and their respective directors, officers, stockholders, interest
holders, and employees shall not be liable for:
(i) an exclusion or disqualification of a participant pursuant to these Terms
(ii) late, lost, misdirected, or unsuccessful efforts to notify winners of
(iii) or the forfeiture of an award and the selection of an alternate winner
pursuant to clause 5.3, CrosswordGold™, their respective parents,
subsidiaries, affiliated companies, successors and assigns and their respective
directors, officers, stockholders, interest holders, and employees are not
responsible for and shall not be liable for:
(i) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible
(ii) telephone, electronic, hardware or software program(s), network, Internet
connection, or computer malfunctions, failures or difficulties of any kind;
(iii) failed, incomplete, garbled or delayed computer transmissions;
(iv) any condition caused by events beyond their control that may cause an
event to be disrupted or corrupted;
(v) any injuries, losses or damages of any kind arising in connection with
or as a result of an award, or acceptance, possession or use of an award, or
from participation in any event;
(vi) any printing or typographical errors in any materials associated with
(vii) or any damage to participant's computer occasioned by participation in
an event, or downloading any information necessary to participate in an event.
By participating in an event, each participant thereby
undertakes and agrees to release and hold CrosswordGold™,
and all of their respective parents, subsidiaries, affiliated companies,
successors and assigns, and all their respective directors, officers,
stockholders, interest holders, and employees harmless from and
against any losses, damages, rights, claims and actions of any
kind in connection with an event or resulting from the acceptance,
possession or use of any award, including without limitation, personal
injury, death, property damage, claims based on publicity rights,
defamation or invasion of privacy.
4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE 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 SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Credit Card Use
You agree that the Site is not liable for any loss caused by any unauthorized
use of your credit card or other method of payment by a third party in connection
with the Site. Any attempt to defraud the Site through the use of credit
cards or other methods of payment, regardless of the outcome, or any failure
by you to honor legitimate charges or requests for payment will result in
immediate disqualification, forfeiture of any awards to which you are otherwise
entitled, and active pursuit of civil litigation and/or criminal prosecution.
4.4 Hacking, Tampering, or Unauthorized
By participating in any event offered on the Site, you agree that the Site
is not responsible for any damage, loss, or injury resulting from hacking,
tampering, or other unauthorized access or use of the Site. Any attempt to
gain unauthorized access to the Site's systems or any files, interfere with
procedures or performance of the Site, or deliberately damage or undermine
the Site is subject to civil and/or criminal prosecution and will result in
immediate disqualification and forfeiture of any awards to which you are otherwise
entitled. Any attempt to participate in any event offered on the Site by means
of automatic, macro, programmed, or similar methods, or to otherwise commit
fraud with regard to the Site, will result in active pursuit of civil litigation
and/or criminal prosecution, disqualification, and forfeiture of all awards
to which you might otherwise be entitled.
Participants who, in the opinion of CrosswordGold™, do not comply
with these Terms and Conditions can at any time be disqualified from an event
without notification or reason.
SECTION FIVE – AWARDS
5.1 General Disclaimer
Awards may be different in each event. Competitors are advised to review award
specifics for each competition on the CrosswordGold™ Web site.
5.2 Award Notification
CrosswordGold™ will make all reasonable efforts to notify each
winner. Notwithstanding the foregoing, the finalists shall bear the ultimate
responsibility for ascertaining their position and award status. CrosswordGold™ will
make award notification to the top three overall and the age group winners
via e-mail. Other winners may be notified at the discretion
of CrosswordGold™. Each participant is responsible for checking
his/her e-mail and adjusting any SPAM filters that may redirect or delete incoming
messages from unknown senders. This responsibility extends to checking SPAM
or trash folders. If CrosswordGold™ does not receive a response
from a notified award winner within seven (7) days of sending an award notification,
CrosswordGold™ will attempt to contact the award winner via telephone.
If, after 30 days from the initial notification and subsequent attempts, we
have not received a response from the specified winner, the award will be forfeited.
All other winning participants will be directed via e-mail to a database where
they can review their time and position in the associated competition.
5.3 Release Form
As a condition of winning his or her award, any winner may be required to sign
and return a release of liability, declaration of eligibility and/or a publicity
consent agreement, and to do so within 30 days of a winner's receipt of such
document(s). If an award notification is undeliverable, or if an award winner
cannot be contacted, is ineligible to receive an award, fails to claim an
award, or fails to timely return the completed and executed eligibility declaration,
consent and releases as required, the award(s) may be forfeited and another
winner of his/her award will be selected.
Tiger Time Crossword Cash Breakdown if 50/50
If an event’s reserve was met and an award has become unavailable, or
the winning participant is outside the continental U.S., or the winning participant
cannot, for personal reasons, claim an award, or there are other difficulties
in shipping or claims, the Site has the right, in its sole discretion, to substitute
freely the cash equivalent (determined by the Site's estimated cost to obtain
the merchandise or property award, and not the manufacturer's suggested retail
price, tax value or any other price) for any merchandise or property award.
CrosswordGold™ will not accept returns or exchange awards. If
the 'Reserve' for a particular event was not met, the Site reserves the
right to distribute cash awards in substitution for any or all awards listed
for said event based on a 50/50 division of the entry fees collected for said
event by CrosswordGold™ - 50% divided among award winners and
50% going to CrosswordGold™.
is instituted because the reserves were not met.
|All other winners
Pertaining to major prizewinners where the 'Reserve' has been
met, CrosswordGold™ reserves the right to offer selected winners
a cash award in substitution for the listed prize. If a winner selects to take
the cash award, he/she must notify CrosswordGold™ within 14 days
of receiving their notification telling CrosswordGold™ they want
to accept the cash award.
Sponsors listed for any CrosswordGold™ event have provided merchandise,
discounts on merchandise, property, services or other goods to help CrosswordGold™ produce the event.
Unless all merchandise, travel, personal property, certificates or any other
awards listed for an event have been fully donated by sponsors (no costs
to be incurred by CrosswordGold™) we will place a ‘Reserve’ notice
under the selected event on the Crossword Events page and the event's Awards page.
This notice indicates the number of paid entrants the event must have in
order to provide the specified award(s) to the winner(s). A close of registration
date (a date when one can no longer purchase an entry into an event) will
be published for each event. If the ‘Reserve’ has not been met,
the event will be held as scheduled. The event will become a 50/50. CrosswordGold™ will
substitute cash awards in place of selected awards listed for that event.
(See 5.4 Substitution) In some instances where real estate or other
valuable Grand Prize is offered, CrosswordGold™ may list a two-tiered reserve. The
first tier reserve will be the minimum number of ticket purchases needed
to fulfill all the prizes and awards excluding the Grand Prize. The
second tier reserve will be the number of ticket purchases needed to award
the Grand Prize plus all other prizes and awards. If the tier one and
two reserves are not met, the competition becomes a 50/50.
In the event of a tie(s) for the top award(s) the tied competitors will participate
in a new event to determine the overall winner(s). Competitors tying for
age group awards will each receive an award.
5.8 Delivery Time
Unless notice is sent to winners, major awards with the exception of property,
land, cars, boats, RV’s and similar large awards, will ship within
90 days of the date the award is won by a competitor. All major awards are
shipped F.O.B. Origin, and accordingly the Site takes no responsibility for
any damage incurred during shipping. Costs of shipping are borne by the award
winner unless otherwise specified. A shipping estimate will be supplied to
the winner(s) prior to shipping. In some cases, the Site may choose to bear
the cost of shipping within the continental U.S., although the Site is under
no obligation to do so. Age group awards will be mailed via USPS. Mailing
costs of age group awards to destinations within the continental US will
be borne by CrosswordGold™. Receiving title to personal property
such as houses or land will be arranged by the winner and CrosswordGold™.
In the case of occupied houses or land, a reasonable time to vacate the property
and assign title to the winner will be arranged by the winner and CrosswordGold™. Any and all attorney’s fees associated with the
transfer of personal property will be borne by the winner.
In the case of merchandise covered by a manufacturer's warranty, the manufacturer
and not the Site 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 Site is not
responsible for any defects, use or misuse or repairs. The Site makes no
representations or warranties with respect to the authenticity or genuineness
of any merchandise awards that are not designed and produced by the Site,
particularly collectible awards. In regards to a home, if such a prize is
listed in a particular event, the overall prize winner or their legally appointed
representative, shall accept it through an escrow, without furnishings, in
AS-IS, WHERE-IS condition and CrosswordGold™ and the home transferor
have no liability relating to the home. CrosswordGold™ reserves
the right to include the furnishings to the winner at its discretion. CrosswordGold™ and
the home transferor give no guarantee, agreement, representation or warranty,
express or implied, in connection with the home,
including as to its value or that it can be sold for any certain price or
within any certain period. The overall prize winner acknowledges that government
authorities may place a different value on the home than CrosswordGold™ or
the home transferor placed on the home in determining any income, property,
transfer, or other taxes or fees that may be attributable to the home. If
the home is subject to a lease, then the prize winner shall either allow
a reasonable time for the lease to be terminated and the tenant to vacate
the home or accept the home subject to that lease. If the overall prize winner
elects to receive the home, then the overall prize winner shall sign and
deliver related escrow instructions within 7 days after these documents are
provided, reasonably cooperate in the escrow process, promptly sign and deliver
documents customary for acquiring residential real estate, and cause escrow
to close within 45 days after it opens. The overall prize winner is solely
responsible for timely paying all escrow and title insurance charges, attorney’s
fees, homeowner association dues and assessments, transfer taxes and all
other charges imposed in connection with the home and its transfer. CrosswordGold™ and the home transferor may substitute the home for
a home of reasonably equivalent value or offer a cash substitute to the overall
5.10 Travel Awards
Awards involving travel and tourism will require you to depart from a specified
list of cities. Any competitor who wins such an award and wishes to depart
from a city not on the specified list will be required to provide his or
her own transportation to one of the specified cities. Information required
to make the reservations for a travel award, including, but not limited to,
the names and ages of all travelers, departure city, and, if applicable,
choice of travel dates, must be provided within one week of the initial request
for such information, or the award may be voided. The Site is not responsible
for any damage, injury or other liability incurred in connection with any
travel or tourism, nor is the Site responsible for any cancellation, postponement,
rescheduling or quality control issues with respect to fulfillment by the
third-party travel or tourism providers.
5.11 Other Awards
For awards requiring local, state or federal licensing or approval (e.g. a
driver's license for an automobile), competitors must provide evidence of
such licensing or approval and any other reasonably related information within
one week of the initial request for such information, or the award may be
6.1 Online Registration and CD’s
Online participant registration for a CrosswordGold™ event will be available
well in advance of the competition starting date and time. Dates for event
will be posted on the CrosswordGold™ Web site's ‘Announcements’ page.
In order to keep costs down and avoid production of excess CD’s, if
they are used to deliver a crossword directly to the competitor from CrosswordGold™, we will begin shipping the event CD’s
on or before the date specified on the CrosswordGold™ Web site's registration,
announcements or event description page and in any advertising initiated
by CrosswordGold™. Registration for a CrosswordGold™ event will
close on the date specified on the CrosswordGold™ CD, ticket or download.
If it is not a free event, your credit card will be charged at the time of
entry (purchase of a CD, a ticket or a download). If we use CD’s, you
can expect delivery of your entry CD within two (2) weeks after the close
of sales or before, depending on the number of entries. If there is an unexpected
delivery delay, information regarding that delay will be posted on the CrosswordGold™ Web site's ‘Announcements’ page and an e-mail
notification will be sent to each purchaser.
7.1 Copyright: © Jason Savage 2011
All Web site files, the event process and documentation, and the crossword
puzzles are all copyrighted by Jason Savage. All rights are reserved. 03062011
You agree that CrosswordGold™ may amend or modify these Terms or impose
new conditions at any time by updating these Terms. Any use of our services
or event ticket purchases after such updating shall be deemed to constitute
acceptance of such amendments, modifications, or new conditions. Should you
object to any such modifications to these Terms, your sole and exclusive remedy
is to not use our services or purchase event tickets. The Terms & Conditions
published on this Web site supersede any other published Terms & Conditions
governing Crossword Gold™ events.