Luckysurf.com rules, terms & policies
TERMS AND CONDITIONS
1. Sponsor
MEDIASTAY, North America, Inc. 350 Sansome Street, Ste 740 San Francisco, CA 94104 ("Mediastay" or "Sponsor").
2. Eligibility
Must be legal resident of the United States or District of Columbia, 18 or older. Void in Puerto Rico, in all jurisdictions outside the United States, and where prohibited by law. Groups, clubs, organizations, commercial partners and businesses cannot obtain LuckyPoints (or “Points”), use Points to obtain prizes, redeem Points for cash, register for a Game Account or utilize the LuckyPoints Prizes area (“Prizes area"). By using the Luckysurf website at www.luckysurf.com (“Site” or “website”) and using the Prizes area, you agree to abide by and be bound by these Terms & Conditions and all decisions of Sponsor, which are final and binding in all respects.
3. Additional Eligibility Restrictions
Employees, officers and directors of Mediastay, its parent, affiliated and subsidiary companies, partners who advertise their goods/services in conjunction with the LUCKYSURF Game* (or “Game”)/Prizes area, their advertising/promotion/marketing agencies, web masters, web hosting service providers and other web suppliers and persons engaged in the development, implementation or administration of the Game/Prizes area, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers and directors are not eligible.
4. How to Obtain LuckyPoints
Points can be obtained only by individuals who have registered for the Luckysurf website and established a Game Account for the LUCKYSURF Game* provided that they have not previously been disqualified by Mediastay from participation in the Game. There are (2) ways to obtain Points:
(a) Members will receive 30 LuckyPoints just by registering for free on the Luckysurf site.
(b) by matching numbers on Game grids submitted by registered individuals (as confirmed by Mediastay) in the LUCKYSURF Game. For the initial installment of the Game, which begins April 1, 2010 and ends September 30, 2011, LuckyPoints will be priced according to the following schedule:
Qty. of Winning Numbers Matched Prize Level
4 of 6 150 LuckyPoints
3 of 6 40 LuckyPoints
2 of 6 25 LuckyPoints
1 of 6 10 LuckyPoints
Mediastay reserves the right for subsequent installement of the LUCKYSURF Game to revise the number of LuckyPoints obtained by matching a certain quantity of winning numbers or to cease prizeing any LuckyPoints for matching one or more specified quantities of winning numbers. Be sure to consult the LUCKYSURF Game Rules for the current installment of the Game to determine whether matching a certain quantity of winning numbers will result in obtaining LuckyPoints and, if so, how many LuckyPoints can be so obtained. Click here for the Rules of the current installment of the Game.
*{See the LUCKYSURF Game Rules for the applicable installment of the Game for full Game details (including procedure for registration and establishment of a Game Account). The LUCKYSURF Game Rules are made a part of these LuckyPoints Prizes area Terms & Conditions (“Terms & Conditions”) and are incorporated herein by reference. In the event of any discrepancy between these Terms & Conditions and the LUCKYSURF Game Rules, the Terms & Conditions will prevail, govern and control.}
(c) by performing certain specified acts or tasks on www.luckysurf.com. Acts/tasks which qualify for Points will be clearly identified as such on the Site. For example, one may receive Points after completing a survey from an entity that advertises its goods/services on www.luckysurf.com.
Allow approximately three (3) business days after taking action/performing task/verification of eligibility and authenticity of Game grid for Points that have been obtained to show up in Account.
5. About LuckyPoints
Points cannot be sold (via auction or otherwise), traded, transferred, assigned, combined or bartered: Points can only be used by the registered individual who obtained them from Sponsor by performing the actions set forth in Clause 4 (a) and/or (b). Points are (and remain at all times) the property of Mediastay, with the registered individuals being granted exclusive permission by Mediastay to use Points obtained by him/her solely for use in the Prizes area in strict accordance with these Terms & Conditions. Points credited to a certain registered individual's Game Account cannot be transferred to any other Account, combined or pooled with any Points credited to any other Account, shared with any other Account, or used for any purpose other than in connection with the Account to which Points were credited by Sponsor. Points may only be used for purposes of obtaining prizes (or cash) in accordance with these Terms & Conditions and may not be used for any other offer or purpose. Such other use may constitute fraud.
Provided that registered individual has played the LUCKYSURF Game (i.e., submitted a properly completed Game grid, the receipt of which has been confirmed by Mediastay as set forth in the LUCKYSURF Game Rules), if a registered individual has not played once the Game within the preceding (90) day period of the on going year until June 30th, his/her Points will expire at 11:59:59 p.m on June 30th of the current calendar year. If not redeemed for prizes (see Clause 6) or cash (see Clause 8) by the applicable expiration date, any remaining, unused Points will be forfeited without any compensation to registered individual or liability to Mediastay and the balance of Points in such affected Account(s) will be reset to zero (0).
6. Use of LuckyPoints To Obtain Prizes
The registered individual to whose Account Points were credited by Mediastay may use Points to obtain items in the Prizes & Prizes area, found on the “Prizes area" page of the website which is made part of and incorporated by reference in these Terms & Conditions. Sponsor reserves the right, in its sole discretion, to modify the Prizes area by adding prizes, removing prizes or changing the number of Points required to obtain prize(s) with prior notice of a minimum of (3) months. Such notice will be posted on the “Prizes area" page of the website. You must have a sufficient number of Points in your Account for the prize(s) you wish to order. If Sponsor determines, in its sole discretion, that prize order does not comply with these Terms & Conditions, prize order will be rejected without further notice. Once order is placed, the appropriate number of Points will be deducted from your Account and, once deducted, Points CANNOT be reinstated. BE CAREFUL IN ORDERING PRIZES, BECAUSE ONCE AN ORDER IS PLACED, IT CANNOT BE CHANGED, ALTERED, MODIFIED, RETRACTED OR CANCELLED EXCEPT BY MEDIASTAY DUE TO PRIZE UNAVAILABILITY FOR ANY REASON.
7. About Prizes
All prizes are subject to availability. Supplies of prizes may be limited and the offer of any listed prize is good only while supplies last. If a given prize is unavailable for any reason, registered individual will be given the following choice of actions:
(a) cancel the use of Points to obtain prize, with Points which would have been used to obtain prize being returned to his/her Account;
(b) use Points to obtain another prize (if “replacement” prize requires the same number of Points as unavailable prize, no further action is required of registered individual; if “replacement” prize requires more Points, registered individual must have the appropriate number of additional Points in his/her Account to effectuate the transaction; if “replacement” prize requires fewer Points, those remaining “extra” Points over and above the Points needed to obtain the “replacement” prize will be returned to registered individual's Account);
(c) redeem Points for cash provided that Point total meets or exceeds qualifying threshold (see Clause 8). Mediastay makes no warranty, representation or guarantee whatsoever regarding prizes; the only warranties/representations/guarantees being those of the prize manufacturer. Nothing on www.luckysurf.com concerning an prize is intended or should be construed as a warranty/representation/guarantee regarding an prize. Prizes will only be shipped via U.S.P.S. first class mail to street addresses in the United States (except for Florida, New York) or District of Columbia; NO P.O. BOXES. If orders contain multiple prizes, different prizes may be shipped separately. Prizes are not returnable, refundable or exchangeable. No substitutions are allowed. Allow 10-12 weeks from placement of order for receipt of prize(s).
8. Redemption of LuckyPoints for Cash
You must have at least 20,000 Points to redeem Points for cash. Each increment of 20,000 Points can be redeemed for $1.00. For example, if you wish to redeem 30,000 Points for cash, you will only receive $0.20 (the same cash amount as if you had redeemed 20,000 Points). Cash value of a Point is $0.00005. CASH REDEMPTION OF POINTS CANNOT BE PERFORMED ON-LINE. TO REDEEM POINTS FOR CASH, PRINT YOUR FIRST NAME, LAST NAME, STREET ADDRESS (NO P.O. BOXES; ADDRESS MUST BE IN THE UNITED STATES [EXCEPT FOR FLORIDA, NEW YORK] OR THE DISTRICT OF COLUMBIA), USER ID & THE NUMBER OF POINTS YOU WISH TO REDEEM FOR CASH ON A 3”X5” CARD AND MAIL IN A BUSINESS SIZE (#10) ENVELOPE TO Mediastay North America Inc. c/o Natixis Pramex, 1251 Avenue of the Americas, 34th Flr., New York, NY 10020 Cash redemption orders will only be accepted via U.S.P.S. first class mail. It is recommended that you allow at least (30) days prior to applicable expiration date for delivery and processing of cash redemption order.
For cash redemption order to be accepted, person identified on 3”x5” card must be holder of the Account containing all Points to be redeemed. After a cash redemption order is received by Sponsor, the applicable number of Points will be “frozen” in one's Account and cannot be used to order prizes (or for any other purpose). For cash redemption order to be accepted by Sponsor, at time of Sponsor's receipt and processing of order, there must be a sufficient number of Points in one's Account and registered individual must be eligible to participate in Game. If number of Points indicated on cash redemption order is less than 20,000, if Sponsor determines that registered individual's Account does not contain the indicated number of Points or if cash redemption order does not comply with these Terms & Conditions for any other reason, cash redemption order will be rejected without further notice. Once cash redemption order is placed, the appropriate number of Points will be deducted from Account and, once deducted, Points CANNOT be reinstated.
ONCE A CASH REDEMPTION ORDER IS PLACED, IT CANNOT BE CHANGED, ALTERED, MODIFIED, RETRACTED OR CANCELLED. Cash redemptions will be paid by Sponsor's company check to the person identified on 3”x 5” card/registered individual who is the Account holder. Allow 10-12 weeks from placement of order for receipt of check.
9. Miscellaneous Restrictions/Limitations.
Registered individual assumes all risks associated with use of Prizes area, obtaining Points, ordering, receipt, possession or use of prizes and redeeming Points for cash. Registered individual is solely responsible for any tax liability in conjunction with obtaining Points or redeeming Points for prizes and/or cash. If total fair market value of all redemptions of Points for prizes and/or cash and/or prize(s) won in Game by a registered individual equal or exceed $600, registered individual will receive an IRS 1099 Tax Form for total fair market value of redemptions and/or prize(s) won by him/her (see also LUCKYSURF Game Rules). Any and all expenses in conjunction with enjoyment and use of prizes are registered individual's sole responsibility. While every reasonable effort will be made to maintain and accurately reflect Account activity (which may include but is not limited to number of Points obtained and/or prizes ordered and/or Points redeemed for cash), Sponsor assumes no responsibility for delays or technological errors that may result in an inaccurate balance of Points being displayed in an Account or elsewhere on website at any given time. You are strongly encouraged to maintain your own records of Points obtained, prizes ordered and Points redeemed for cash (as applicable) and all other Account activity. You may redeem LuckyPoints for prizes in the limit of (3) prizes / month / person / account / email address.
Prior to accepting/processing an order for an prize and/or cash redemption order, Sponsor reserves the right, in its sole discretion, to request that a registered individual forward to Sponsor proof of eligibility in a form determined by Sponsor in its sole discretion; failure of registered individual to fully comply with such request within the indicated time period will result in disqualification and termination of one's ability to use the Prizes area, disqualification from Game and closure of his/her Account. In the event of termination of one's ability to use Prizes area and closure of his/her Account, all Points in said Account will be forfeited without further notice and without any liability to Sponsor.
10. Release of Rights
By using the website, registering, participating in Game and/or using Prizes area you release and agree to hold harmless Mediastay, its parent, affiliated and subsidiary companies, partners who advertise their goods/services in conjunction with Game (or Prizes area), their advertising/promotion/marketing agencies and the directors, officers, agents, representatives, shareholders and employees of any of the above organizations, from any and all liability arising (directly or indirectly, in whole or in part) from use of the website, participation in the Game, any Game-related activities, Prizes area, any Prizes area-related activities or the acceptance, receipt, possession or use/misuse of prize(s).
11. Disqualification and Limitations of Liability
(a) Sponsor reserves the right, at its sole discretion, to disqualify and terminate the ability to use Prizes area of any individual it finds, in its sole discretion, to be tampering with the operation of the Game, Prizes area or website; to be acting in violation of the Terms & Conditions or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any activities, determined by Sponsor, in its sole discretion, to be intended to disrupt or interfere with the proper play of the Game, proper use of the Prizes area, or to defraud Sponsor in any way (including but not limited to improper/suspect claims as to obtaining Points and ordering prizes/cash redemptions using Points which Sponsor believes to have been improperly obtained) will be prosecuted to the fullest extent of the law in addition to resulting in disqualification and termination of ability to use Prizes area and disqualification from Game.
(b) Sponsor and its agencies assume no responsibility for:
(i) any incomplete, incorrect or inaccurate information, whether caused by website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Game, Prizes area or by any technical or human error;
(ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of website;
(iii) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail to be sent by and/or received by Sponsor and/or any person on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or for injury or damage to registered individual's or to any person's computer (or any information/materials stored therein) related to or resulting from downloading materials from website or registering for/participating in the Game or using Prizes area and
(iv) any late, lost, stolen, illegible, garbled, misdirected, incomplete or mutilated registrations, Game grids, prize orders, cash redemption orders, communications between Sponsor and registered individual or postage due mail.
(c) IN NO EVENT WILL SPONSOR, ENTITIES WHO ADVERTISE THEIR GOODS/SERVICES IN CONJUNCTION WITH THE GAME/PRIZES AREA, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF WWW.LUCKYSURF.COM OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Dispute Resolution/Governing Law/Waiver of Jury Trial
Except where prohibited, by using www.luckysurf.com, registering (or attempting to register) and participating (or attempting to participate) in the Game and using (or attempting to use) the Prizes Area, you agree that:
(a) any action at law or in equity arising out of or relating to these Terms & Conditions or the rights and obligations of any person and/or Mediastay shall be filed exclusively in the courts of the State of New York and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED,
(b) any and all disputes, claims, and causes of action arising out of or connected with these Terms & Conditions, and/or the rights and obligations of any person and/or Mediastay, shall be resolved individually, without resort to any form of class action, and
(c) any and all claims, judgments and prizes shall be limited to actual out-of-pocket costs incurred, including costs associated with using the website/registering/participating in the Game/Prizes area but in no event attorneys' fees; and
(d) under no circumstances will any person be permitted to obtain prizes for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of any person and/or Mediastay, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the State of New York or of any other jurisdiction.
If at any time any provision of these Terms & Conditions is determined by a court of competent jurisdiction as being illegal, invalid or unenforceable in any respect, such provision will be deemed to be removed from these Terms & Conditions and replaced with a lawful provision most closely approximating the intent of the stricken provision; and, the illegality/invalidity/unenforceability of any stricken provision shall not affect the legality or validity or enforceability of any other provision of these Terms & Conditions.
No delay by Mediastay in enforcing the provisions of these Terms & Conditions will in any way prejudice or restrict the rights of Mediastay nor will any waiver of rights by Mediastay operate as a waiver of any subsequent breach by a person of any provision of these Terms & Conditions.