Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED GSN TERMS OF SERVICE LOCATED AT http://www.gsn.com/corporate/terms.html AND THE GSN PRIVACY POLICY LOCATED AT http://www.gsn.com/corporate/privacy.html, (WHICH ARE INCORPORATED HEREIN) BEFORE USING THIS APP OR ANY OF ITS COMMUNITY FEATURES.  BY USING THIS APP, YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THE TERMS OF SERVICE. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH GSN. 

 

APPLE IS NOT A SPONSOR OR PROVIDER OF SPARCADE TOURNAMENTS, CONTESTS, SWEEPSTAKES OR PRIZES.  ALL TOURNAMENTS, CONTESTS, SWEEPSTAKES AND PRIZES ARE PROVIDED BY GSN.

 

SECTION ONE – GENERAL INFORMATION

1.1 Terms and Conditions Binding
These Sparcade Terms and Conditions and all other obligations and rules detailed in writing in the App (collectively, the “Terms and Conditions”) are between GSN Games, Inc. (each, “the App,” “GSN”, “us,” or “we”) and everyone who uses the App (each, “you,” “user,” or “player”). By using the App, creating an account, or participating in any match or service offered in the App, you unconditionally accept and agree to be bound by all terms, conditions and notices contained or referenced in the App, including the most current version of the Terms and Conditions. We may modify the Terms and Conditions at any time. Your continued use of the App following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any modifications.

1.2 Entire Agreement
These Terms and Conditions, the GSN Terms of Service and GSN Privacy Policy (which are incorporated herein by this reference) (collectively “GSN Policies”) constitute the entire agreement between you and us pertaining to your participation in and with the App and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.  No waiver of any of the provisions of the GSN Policies shall be deemed or shall constitute a waiver of any other provisions (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. The GSN Policies cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with GSN. Nothing in this subsection will prevent us from modifying the terms of these Terms and Conditions and posting such modifications in the App.

1.3 Severability
If any portion of the GSN Policies is deemed void or unenforceable by a court of competent jurisdiction, then that provision shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intention of GSN, and the remaining portions shall remain in full force and effect.

1.4 Changes to the App and/or Terms and Conditions

GSN reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the App or these Terms and Conditions, in whole or in part, at any time without further notice. For changes to these Terms and Conditions that we deem material, we will place a notice in the App by revising the link on the to these Terms and Conditions to read substantially as “Updated Terms and Conditions” for an amount of time that we determine in our discretion.  If you access or use the App in any way after the Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes.  The most current version of these Terms and Conditions will be available on the App and will supersede all previous versions of these Terms and Conditions. 

 

SECTION TWO – ELIGIBILITY AND OTHER OBLIGATIONS

2.1 Eligibility

2.1.1 United States. To be eligible to register and open an account and/or participate in any match offered in the App, you affirm that you: (a)  are a person at least 18 years of age; (b) own the e-mail address submitted on your account registration form; (c) are a legal resident of the United States with a U.S. address and currently residing at the address in an eligible location; (d) are physically located within the U.S.; and (e) are physically located in a U.S. state in which participation with the App and/or in the matches you select in the App is unrestricted by law.

The rules governing sweepstakes, contests, and matches with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws; the App DOES NOT offer games requiring a cash entry fee (“Cash Competitions”) to users residing in or accessing the App from the following states: Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee. Additionally, the App (a) DOES NOT offer card game Cash Competitions to users residing in, or accessing the App from, Indiana or Maine, and (b) only offers limited types of matches to users accessing the App from Arizona and Florida. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any match offered in the App while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the Terms and Conditions and subject to having your account suspended or terminated. In addition, in the event of any violation of the Terms and Conditions, all of your winnings (if any) may be voided, and in the event such winnings have already been withdrawn by you, recouped by us, at our sole and absolute discretion.

2.1.2 Non-U.S. To be eligible to register and open an account and play for tokens only, you affirm that you: (a) are a person at least 18 years of age; (b) own the e-mail address submitted on your account registration form; and (c) are physically located in a jurisdiction in which participation in the match you select in the App is unrestricted by law. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  VOID IN THE PROVINCE OF QUEBEC, CANADA.  Non-U.S. players cannot make deposits to their account, play in Cash Competitions or participate in Matches.

2.2 Additional Persons Not Eligible
In addition to the restrictions set forth in Section 2.1, the following people are ineligible to receive any cash prize offered in the App: employees, officers, and directors of GSN, and its subsidiaries, affiliates and related companies and any other person with access to non-public information regarding the operation of any game or match offered in the App.

2.3 Location of Users
You are subject to all laws of the city, state, province and country in which you reside and from which you access the App.  You are solely responsible for complying with those laws. Access to the App may not be legal for some or all residents in certain jurisdictions. You agree that GSN cannot be held liable if laws applicable to you restrict or prohibit your use of or participation with the App. GSN makes no representations or warranties, express or implied, as to the lawfulness of your accessing the App or participating in any match offered in the App.  No person affiliated, or claiming affiliation, with the App has authority to make any such representations or warranties.

GSN reserves the right (but has no obligation to you) to monitor the location from which you access the App and to block access from any jurisdiction in which participation or access may be illegal or restricted. We may require any participant receiving any prize to provide us with proof that you are, or at the time the subject match was played, eligible to participate according to the Terms and Conditions. If we monitor your access or participation with the App, we shall not be liable for the effectiveness of such monitoring. By accessing, using, downloading in any way any materials in the App, browsing the App, creating an account and/or participating in any match or service offered by or through the App, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless GSN from any liability, claims, and damages (including attorneys’ fees) arising out of or related to your violation of these Terms and Conditions.

2.4 Taxes

It is the policy of GSN, and in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099-MISC or other appropriate form to any person who wins in excess of $600 (USD) in the App in any given year. Depending on the jurisdiction in which you reside, GSN may also send you a W-9 and/or additional tax forms. We reserve the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
2.5 Information Required (U.S. players only)
Upon making your first cash deposit, you will be required to submit the following information: (i) an alias that will be your username; (ii) a password; and (iii) your e-mail address. GSN reserves the right, in its sole discretion, to change, suspend and/or terminate aliases as GSN deems fit. Upon establishing a positive App account balance for entry fee matches, you are required to submit and maintain at all times the following current and correct information: (a) full name; (b) permanent physical residential address and a billing Zip Code in a jurisdiction in which participation in the match you select in the App is unrestricted by law; and (c) credit card or other payment information (becoming a “Cash Player”). Please note that for every credit card deposit made, an authorization request in the amount of at least $10 will be applied to your credit limit, even if the actual amount charged may be lower. In addition, if your total winnings in the App in any given year reach $600 or more, GSN may request that you submit your social security number in order to send you an IRS Form 1099-MISC, or other appropriate form, as required by Internal Revenue Service or other jurisdiction’s tax regulations. Failure to provide your social security number at that time, or failure to complete any other tax documentation may result in tax withholding and/or GSN’s inability to credit your account for any winnings in excess of $600. Each time you login wishing to participate in a Cash Competition, the App will verify the location from which you are playing.  In order to play for cash, you will be required to enable Locations Permissions on you your mobile device while the App is in use.  If you are in a location where Cash Competitions are restricted, you will not be able to compete in those competitions. Or, you may choose to play games in the App without ever depositing money into your account (a “Non-Cash Player”).

2.6 Recommended Devices
You understand that by participating in Matches or Practice Matches  in the App, you may be playing against other players using different types of mobile devices.  GSN shall not be liable for damage that occurs or issues you may encountered if your mobile device does not meet the minimum system requirements or as a result of playing against users of different types of mobile devices.  GSN recommends a minimum iOS 8 on Apple devices and at least 1 GB RAM availability.

 

SECTION 3 – ACCOUNT MANAGEMENT

3.1 Limitations on Number of Accounts
Players may establish one account per person.GSN reserves the right to monitor all activities in the App, including any effort to establish multiple accounts.  In the event GSN discovers that you violated the number of accounts allowed, all additional accounts will be closed without notice and continued violation may result in the termination of any and all of your accounts and GSN may void any associated winnings to any or all of the account(s). GSN further reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.

3.2 Credit Card Transactions and Game Credits

GSN may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities in the App. GSN may also impose limitations on the net dollar amount you may lose or win in the App in any calendar month.  Should your losses reach such designated limit, your play in the matches offered on the App may be restricted until the beginning of the next calendar month. GSN may change these dollar amount limitations at any time in GSN’s sole and absolute discretion. GSN may set expiration dates or other limits on all Game Credits.  Game Credits are defined as any credit deposited by GSN into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits, prize credits, and gift credits. GSN may void the Game Credits balance of any dormant account. A dormant account is an account that has been inactive for more than one-hundred eighty (180) days.

The App utilizes Card.io technology to scan credit card information in the App.  “THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

3.3 Fraud and Abuse

Fraud and abuse relating to the access and use of the App is strictly prohibited. In accessing the App or participating in any activities, products or services offered by or through the App, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these Terms and Conditions; and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the App. Users engaging, participating or displaying behavior that may be interpreted, in GSN’s sole and absolute discretion, as the use of unfair methods in the App, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners), intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players, the deliberate transfer of money between accounts (i.e., “money laundering”), harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the App, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), may subject you to immediate sanction (as determined by GSN in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of the App access; (2) forfeiture of any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive; (3) disgorgement and/or recoupment of any prizes, winnings and representative of value already received by you; and (4) in the case suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. Without limiting any provision of the Terms and Conditions, GSN expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys’ fees) and the right to report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.

3.4  Virtual Items 

The App may include different types of virtual currencies (“Virtual Currencies”) and items that can be purchased and used within the App (“Virtual Goods”) (collectively “Virtual Items”).  In some cases you may be able to purchase Virtual Items for in App use.  Virtual Items have no monetary value and cannot be exchanged for real money.  You may be able to gift Virtual Items to other players.  Other than gifting to other players, Virtual Items are non-transferable.  You do not own Virtual Items, rather  you have a limited revocable license to use Virtual Items.  The sale of Virtual Items is final and will not be refunded by GSN.  If your account is suspended, canceled or terminated for any reason, GSN will not compensate you for loss of any Virtual Items.  GSN may control, regulate, change and remove any Virtual Items from your account without any liability to you.  GSN may revise its policies and pricing for Virtual Currencies and/or Virtual Goods at any time.

3.5 Account Maintenance Fee
An inactive Cash Player account is any account in which the user has not logged in or played any games (money or free) in twelve consecutive months. For any inactive Cash Player account, GSN may assess a maintenance fee of $3.50 per month (“Monthly Maintenance Fee”). The Monthly Maintenance Fee is a real charge on your account’s cash balance. The Monthly Maintenance Fee is only applicable to the funds that are in the player’s account. If the account’s cash balance reaches $0 (zero dollars), the Monthly Maintenance Fee may be suspended. GSN may, but is not obligated to, notify account owners via e-mail of their inactivity and the imposition of the Monthly Maintenance Fee.

3.6 Withdrawal Requests
Cash Players may request a withdrawal of funds from their available account balance at any time. Game credits cannot be withdrawn.  Users may request withdrawals by check or PayPal. Withdrawal requests will not be made by credit card even if the Cash Player’s original deposit was by credit card. Processing of requested funds back to a PayPal account may take up to seven (7) business days. GSN reserves the right to freeze a user’s account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse by a user requesting withdrawal of funds.

Users are required to actively claim any check produced by a request for withdrawal of funds from their account. GSN reserves the right to assess a check request processing fee of $1.75 for any check request less than $10.00. Users may combine several checks that are less than $10.00 to produce a check greater than $10.00 for purposes of waiving the $1.75 check processing fee. Subject to GSN’s funds availability confirmation process, check requests are systematically processed and may take up to eight (8) weeks to process.

Checks not claimed within thirty (30) days from the date of the check will become void and the amount of the check will then be re-deposited back to your account.

If your account is closed by GSN for a violation of the Terms and Conditions, your winnings may be voided and not returned to you. In such an event, GSN, may use voided winnings to defray the costs of administration and enforcement of the Terms and Conditions or allocate such monies to secondary matches.

3.7 Account Deactivation for Non-Cash Players
An inactive Non-Cash Player account is any account in which the user has not logged in or played any games in six (6) consecutive months (GSN reserves the right to change the number of months designating an inactive account at GSN’s sole discretion). GSN reserves the right to deactivate any inactive account without notice. If your account is deactivated, you may be contacted by GSN to encourage you to revisit the App. If you visit the App after your account is deactivated, you may be required to open a new account in order to play games on the App.

3.8  Account Cancellation

You may cancel your account at any time.  If you do not agree to the terms of the GSN Policies, your sole remedy is to not use the App and to cancel your account.  You understand and agree that the cancellation of your account is your sole right and remedy with respect to any disputes with GSN, including but not limited to disputes arising out of:  (i) any provisions of the GSN Policies or GSN’s enforcement or application of the GSN Policies; (ii) any changes to the App; (iii) your ability to access the App; or (iv) the amount or type of fees, taxes, billing methods for the App.

To initiate cancellation of your account visit the “Help” portal by tapping the “Settings” icon.  You will be required to submit a ticket requesting your cancellation.  GSN reserves the right to collect fees or costs incurred by you before you cancel your account.  Any delinquent or unpaid fees and other unresolved issues with GSN must be settled before you establish a new account.

 

SECTION FOUR – MATCHES

4.1 Fair Matching

Our main goal is to provide matches that offer a competitive gaming experience that is fun, fair and exciting for all players.  Our matches utilize a unique matching system to ensure you are competing against available players that have a similar skill level.  The matching system takes into account many factors including but not limited to:

  • How many games you have played
  • How well you have played in specific competition types
  • Average or highest scores
  • Amount of money won/lost
  • Availability of opponents of similar skill

For all competitions GSN ensures the game conditions are similar for all players within a specific competition.  Player matching occurs before you play not after a score has been achieved in a match.  A player’s skill level may differ for each game title.

4.2 Odds and Prizes
The results of all matches offered in the App depend on the number and skill levels of players participating.   Precise odds of winning are therefore unavailable.  The closing date and time of each and every match will depend on when it is initiated by the player and the length of time that it takes a player to play the match.

Prizes are generally cash amounts, which are deposited directly into winner’s account. The anticipated cash value of prizes offered in “Limited Entry Matches” (i.e., matches with a designated maximum and minimum number of players) will be disclosed at the beginning of each Limited Entry Match.  The prize pool for each Limited Entry Match is based on the number of actual players in a Limited Entry Match.  The cash value of prizes disclosed prior to the start of a Limited Entry Match is based on the maximum number of players participating in the Limited Entry Match.  Winners of Limited Entry Matches will be paid a pre-determined percentage of the prize pool based on the player’s ranking at the close of the Limited Entry Match.  In the event a Limited Entry Match closes before the maximum number of players is achieved, then (i) each winner will receive a percentage of the prize pool based on their final ranking at the close of the Limited Entry Match, which may differ from the anticipated cash values disclosed prior to the start of the Limited Entry Match; and (ii) GSN may reduce the number of winners to reflect the number of players that actually participated in the Limited Entry Match.  If only two (2) or fewer players register for or participates in a Limited Entry Match, the Limited Entry Match may be cancelled and any entry fee paid by the player(s) will be refunded to the each player’s account.  If a Limited Entry Match closes for maintenance or technical problems, the entry fee paid for the Match will refunded. Except where otherwise noted, in all Matches with actual cash entry fees, GSN retains a predetermined portion of the aggregate total as a management and Match hosting fee.

4.3 Winners Lists
A preliminary list of winners will be posted in the App immediately following each Match.  In the case of Matches with substantial prizes, as determined by GSN, posting of legally required winners lists may be delayed for up to five (5) business days while verification of the results takes place.  Final winners will be posted following verification of winners.

4.4 Determination of Winners
The results and winners of each Match offered in the App will be determined by GSN, and such determinations are final. By registering and/or participating in any Match in the App, you agree to be bound by these determinations.

4.5 Game Rules
Rules for each specific game offered in the App can be found within the Tutorial and Game Tips for each game.

 

SECTION FIVE – LIMITATIONS OF LIABILITY

5.1  Unauthorized Charges

GSN 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 App.

Attempts to defraud GSN through the use of credit cards or other methods of payment, or your failure to honor legitimate charges or requests for payments may result in immediate termination of your account, forfeiture of prizes and/or civil and/or criminal prosecution.

5.2 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any Match offered in the App, you agree that GSN is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the App or your account.

Any attempt to gain unauthorized access to the App’s systems or any account, interfere with procedures or performance of the App, or deliberately causing damage to or undermining the App, may subject you to civil and/or criminal prosecution and may result in immediate termination of your account and forfeiture of any prizes.

5.3 Accounts for Individual Use Only
You are solely responsible for all obligations relating to your account and for compliance with these Terms and Conditions.  You are entitled to all benefits accruing to you as a result of being the account holder. You may not allow any other person to access your account, access the App, accept any winnings, or participate in any Match using your account. Your account is not transferable. By registering and/or participating in any Match offered on the App, you agree to indemnify, defend, and hold GSN harmless from or for any claims, liability, damages, and/or costs (including attorneys’ fees) arising from any use of your account by any person.

5.4 App and Account Availability

GSN does not guarantee that the App or access to your account will be available at all times and/or in all geographic locations.  GSN is not liable for any loss which may be caused by your inability to access the App or your account.

5.5 General

The App uses the MIT Unity editor tool. © 2016 Dmitriy https://github.com/marcellus00/visc/blob/master/LICENSE

Last Updated: August 4, 2016