IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS. TO QUALIFY AS A PARTICIPANT IN THIS COMPETITION YOU MUST AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PARTICIPATE
1. Definitions
"The Company" - Funtactix LTD. "The Website" – Moondo.com
"Participant" - anyone who participates in the Contest and is over 18 years old, or a minor who has received the consent of his/her parent or legal guardian to participate in the Contest.
"The Contest" - The Moondo Summer Crystal Frenzy tournament.
2. General
The Contest is a contest in which Participants need to play and complete full game instances within the Moondo game client. All Participants will be judged based on the criteria listed in these terms and conditions (“Terms”), and prizes will be awarded to the winning entries.
Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Terms. If you do not agree to all of these Terms, then please do not enter the Contest.
The Contest begins at 00:00 GMT on July 11th and ends at 00:00 GMT on July 21th
In any case of a contradiction between these Terms and any other publications related to the Contest these Terms will govern. The Terms shall apply to both male and female Participants.
3. Participation and Eligibility
Every player who plays Moondo during the time of the tournament will automatically enter the tournament. Once the tournament ends, and the winners are announced, each winner will be required to fill out a form with personal details. Filling out such form is mandatory, and without filling the form eligibility for prizes of the tournament will be void.
Once you have filled out the form and accepted these Terms, and provided that you are eligible to be a Participant (i.e. that you are over 18 years old or have received your parent’s or legal guardian’s consent to participate in the Contest if you are under 18) The company will send you the prize you won in the Tournament.
Each Participant must meet the requirements set in these Terms, in Company’s sole discretion, to be eligible for prizes in this contest.
The Company may, at its sole discretion, disqualify a Participant in the event that the Company believes that such Participant cheated and/or conducted certain actions in order to unlawfully win the Contest, including without limitation, the opening of multiple accounts on the Contest Website, intentional disconnection from the game servers, interruption and/or harassment of other Participants.
4. Contest Criteria and Prizes
The Participants are required to complete game sessions, and will be measured on the amount of in-game-crystals earned throughout the term of the Contest. The winners of the Contest will be those Participants that earn the highest number of crystals during the term of the Contest, as measured by the company's servers.
The following prizes will be awarded the winners:
1st. place - PSP Slim portable gaming console (or the equivalent value of a gift voucher on Amazon.com)
2nd place - The top 10 players of the tournament will each win a limited edition Moondo Summer Crystal Frenzy T-Shirt
3rd place - The top 50 players of the tournament will each win 5000 Moondo Crystals. Also, each of the 50 players will be awarded a special "Moondo Summer Crystal Frenzy" Star that will be displayed on their character page.
The Company reserves the right to substitute any prize with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available.
Participant agrees that Company’s obligations hereunder are fair and adequate consideration for participation in the Contest, and that Participant is not entitled to and shall not seek any further compensation.
Any and all taxes or expenses related to acceptance or use of a prize will be covered by the company.
5. Winner Notification
Winners of the Contest will be announced by the Company by July 25th, 2008 on Moondo.com. All decisions regarding prize awards are final and binding in all matters relating to this Contest.
The Company will contact the winners through the e-mail address registered in the player's profile. Winner will have 10 days from receipt of notification to fill the registration form. If the applicable winner cannot be contacted for more than 10 days, is ineligible, fails to claim the applicable prize within 30 days or fails to comply with any term or condition of these Terms (the “Ineligible Winner”), the prize may be forfeited and an alternate winner will be announced.
The Ineligible Winners disclaim any demands regarding the prize and the Company shall not be liable to such Ineligible Winners in any way whatsoever.
Each prize winner may be required to sign and return an affidavit of eligibility, a signed copy of the Terms and Conditions, and/or liability/publicity release (except where prohibited by law) and provide any additional information, that may be required for the Company or to comply with applicable law.
6. Delivery of the awards
The Prizes will be delivered to the winners using an official delivery service (such as USPS, DHL, FedEx etc.).
The winner of the prize will bear all costs that incur due to customs of his country, or any other release fees that are related with releasing his prize from the delivery service.
The company, under no circumstances, will be responsible for these fees nor will return these fees to the winner who is required to pay them.
7. Privacy policy
Each winning Participant agrees that he/she will allow the Company to use the names of such winners, personal data, likeness and/or voice and publicize their winnings and such information for commercial uses without further compensation. If requested, the Company will also provide the winners' names and other information to legal authorities and tax authorities.
8. Participation limitations
This Contest is void where prohibited by applicable law. Participation in the Contest is prohibited to employees of the Company, their families and business partners.
9. Limitation of Liability and Indemnity
YOUR PARTICIPATION IN THE CONTEST IS AT YOUR OWN RISK. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE CONTEST. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES AND/OR EXPENSES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST AND/OR YOUR USE OF ANY OF THE PRIZES YOU WON, IF ANY, OR FROM ACTS OF MISCONDUCT OF OTHER PARTICIPANTS OR THIRD PARTIES.
The Company assumes no responsibility for any computer, online, Website, game servers, telephone transmission or technical malfunctions that may occur during participation in the Contest, including without limitation malfunctions that will prevent the collection of data from the game servers. The Company is not responsible for any incorrect or inaccurate information, whether caused by website users, Contest Participants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of participation in the Contest. The Company assumes no responsibility for any error, interruption, defect, or delay in operation or transmission, failures or technical malfunction of the Internet, servers, the Website or any telephone network or lines, computer online systems, servers, computer equipment, software, email. Some jurisdictions may not allow certain limitations on liability and so the foregoing limitations may not apply to you.
Unless prohibited by law, Company's liability shall be limited to One United States dollar (US$1.00).
You agree to release, indemnify and hold Company harmless from any losses, damages, claims or expenses (including without limitation attorneys fees and court costs) and actions of any kind (“Claims”) in connection with the Contest, or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, property damage, and claims based upon intellectual property infringement, publicity rights, defamation, or invasion of privacy as well as Claims arising out of your breach of these Terms.
10. Miscellaneous
Participants are strictly prohibited from sending to the Company and/or to the Website any content that violates any laws or agreements, or any content that, if published, will constitute a violation of any laws or agreements, including without limitation, content that constitutes copyright infringement or infringement of any other intellectual property right, violation of privacy , defamation, offensive, violent or hate content including content prohibited under law or violation of confidentiality obligations.
Any content that is unlawful, immoral or may constitute an infringement of any intellectual property rights of a third party, or any content that is inappropriate, in the Company’s sole discretion, may be removed from the Website at any time, and the Participant who submitted such content may be disqualified from the Contest.
The Company may discontinue, cancel or reschedule the Contest, or otherwise disqualify any Participant, for any reason or no reason, in its sole discretion.
The Contest and these Terms are governed by the laws of the State of Israel, excluding its conflicts of laws principles. Any claim or dispute under these Terms will be decided exclusively by the courts of Tel Aviv, Israel. If either party is required to engage in any proceedings, legal or otherwise, to enforce its rights under these terms and conditions, the prevailing party shall be entitled to recover from the other, in addition to any other sums due, the reasonable attorney's fees, costs and necessary disbursements involved in said proceedings.
If any provision of these Terms is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, provided that if no such interpretation is possible, the provision shall be stricken and the remaining provisions of these Terms shall remain in effect to the fullest extent allowable under applicable law.
The headings in these terms and conditions are inserted for convenience only and do not affect its interpretation.
These Terms constitute the final, complete and exclusive understanding between the Company and you with respect to your participation in the Contest, and supersede any prior or contemporaneous representations, rules, or agreements, whether written or oral.
Last updated: July 7, 2008