These Terms of Service ("Terms") govern your access to and use of Plink's websites and the services provided through such websites (the "Services"), and any information, text, graphics, or other materials downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms, The term "you" or "User" refers to a user who browses the Plink Website or registers for Plink's service. The term "we" refers to Plink.
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Privacy and Your Personal Information
For information about Plink's data protection practices, please read Plink's Privacy and Security Policy, which is hereby incorporated into these Terms. This policy explains how Plink treats your personal information when you access and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Services.
You are responsible for your use of the Services. You may use the Services only if you can form a binding contract with Plink and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Plink provides are always evolving and the form and nature of the Services that Plink provides may change from time to time without prior notice to you. In addition, Plink may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice.
The Services may include advertisements and offers, which may be targeted to the Content or information on the Services, queries made through the Services, or other information about you and other Users. The types and extent of advertising and offers on the Services are subject to change. In consideration for Plink granting you access to and use of the Services, you agree that Plink and its third party providers and partners may place such advertising and offers on the Services.
In creating an account to use the Services, you must provide true and accurate registration information, including, without limitation, full name, address, phone number, registered credit card data, and email address. You also agree to update your registration information promptly upon any changes to such information. An individual may only have one account at Plink (multiple accounts for the same individual are prohibited). Only you may access and use your account and you may not share your account with others. Your registered credit card may not be associated with multiple accounts. Any violation of these Terms will result in termination of your account(s) and loss of any accrued points or rewards.
If a member returns a purchase for which Plink has already awarded points, Plink has the right to deduct such points from the member’s current account or from future awards. All points earned by you are subject to review and adjustment by Plink in its sole discretion. If you earn 1,000 or more points in one transaction, Plink reserves the right to hold any rewards redeemed from that transaction for up to 90 days until we are able to verify that no violation of these Terms or other fraudulent, improper or unlawful conduct occurred with respect to such transaction.
It is the member's responsibility to regularly monitor their account for missing points. If a member does not receive Plink points for a qualifying transaction or for a bonus promotion of any sort within two weeks of making a purchase or participation in a promotion, it is the member' responsibility to notify Plink via email at email@example.com of any missing Plink points and the details thereof and, if requested by Plink, provide supporting transaction information or other evidence of missing points. A member shall have a period of 60 days after a the date of completing a qualifying transaction or a promotion to notify Plink via email of missing points; thereafter, no further adjustments will be made and the member forfeits the right to such missing points.
We may also adopt and post to the Services from time to time rules, policies, frequently asked questions, and other terms and conditions regarding the Services (including specific offer restrictions), all of which are hereby incorporated into these Terms upon posting. The offer restrictions may include, without limitation, limits on the number of times the offer can be completed and minimum purchase amounts. Members should carefully review the offer page and specific offers for the details of any restrictions.
For any offer involving bonus or extra points (such as double or triple points, new member sign up points or other special promotions), there is a maximum cap on the number of points that can be earned by any member on such offer equal to 2,500 points (or if the particular offer states a different maximum cap, the maximum cap stated in the offer will govern).
All right, title, and interest in and to the Services are and will remain the exclusive property of Plink and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Plink name or any of the Plink trademarks, logos, domain names, and other distinctive brand features.
Restrictions on Use of the Services
Plink gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Plink as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Plink, in the manner permitted by these Terms.
We reserve the right to access, read, preserve, and disclose any information or account data as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Plink, its Users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Plink's computer systems, or the technical delivery systems of Plink's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Plink (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Plink; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services; (vi) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Plink's express written consent, which may be withheld in Plink's sole discretion; (vii) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer); (viii) commercially exploit any Content on the Services, (ix) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
Account Information and Third Party Sites
With the Services, Users may direct Plink to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Plink works with one or more service providers under contract to access this Account Information. Plink makes no effort to review the Account Information for accuracy, legality or non-infringement.
By using the Services, you expressly authorize Plink and its partners to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Account" feature of the Services, you will be directly connected to the website for the third party you have identified. Plink will, itself or through its partners, submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Plink to use and store information submitted by you to the Services (such as account passwords and user names) to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Account Information to you as part of the Services, you grant Plink a limited power of attorney, and appoint Plink as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN PLINK IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, PLINK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Services is not sponsored or endorsed by any third parties accessible through the Services.
Plink cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Plink cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID e-mail address, allows you to access the Services. That login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Plink immediately.
The Services Are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PLINK AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Plink will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Plink has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Plink or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Plink of such websites or resources or the content, products, or services available from such websites or resources. Plink is not responsible for the products and services offered by or on third-party sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLINK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PLINK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Your Indemnification of Plink
You shall defend, indemnify and hold harmless Plink and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these Terms by you.
Ending Your Relationship with Plink
You may terminate your relationship with Plink by closing your account for the Services as described below.
Plink may at any time, terminate your account:
- 1. if you have breached any provision of these Terms or you have engaged in fraudulent, improper or unlawful conduct, as determined by Plink in its sole discretion (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms);
- 2. if Plink in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- 3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Upon any termination of your account, all accrued points and rewards will be forfeited. If you have earned and received rewards through a breach of these Terms or any fraudulent, improper or unlawful conduct, you agree to promptly reimburse Plink for the value of such rewards.
Your indemnification obligations under these Terms shall survive and continue to apply following any closing of your account.
If a user's Plink account is inactive for 90 days or longer, meaning that a user does not redeem points for a reward and does not complete any qualifying transactions with Plink partners for any period of 90 days or longer, Plink reserves the right to deactivate that user's Plink account. When an account is deactivated, all Plink Points will be removed from the account and forfeited and such Plink user is no longer eligible to earn points or redeem for rewards. A user can reactivate their Plink account by contacting us or by re-linking a credit or debit card to their existing Plink account. An account that is reactivated will be eligible to earn new Plink Points after reactivation, but the Plink Points that were removed and forfeited, will not be returned to the member's account.
Contest Official Rules
Click here to see Plink's Official Contest Rules
PLINK’S $500 AMAZON.COM GIFT CARD GIVEAWAY OFFICIAL RULES
NO PURCHASE OR OTHER CONSIDERATION IS NECESSARY TO PLAY OR WIN A PRIZE. A PURCHASE OR PROVIDING OTHER CONSIDERATION WILL NOT INCREASE CHANCES OF WINNING. INTERNET ACCESS, A VALID EMAIL ADDRESS, A FREE PLINK MEMBERSHIP AND A CONNECTION TO A SOCIAL NETWORK ARE REQUIRED TO PLAY ONLINE. EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE GAME (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 15).
Please read the following Official Rules carefully. If you do not agree to the Official Rules, do not participate in this Game. By accessing, using, or downloading in any way, without limitation, any materials from this Game or merely browsing the Game, you agree to and are bound by these Official Rules. Plink reserves the right to change the Official Rules at any time, without prior notice to any Game participant ("Participant"). If you breach any of the Terms and Conditions, your authorization to play this Game automatically terminates.
The “Plink's $500 Amazon.com Gift Card Giveaway” (referred to as the “Game”) begins at 03:00:00 p.m. MDT on March 26, 2014 and ends at 02:59:59 p.m. MDT on April 30, 2014 (“Game Play Period”) The Game is available in the fifty (50) United States, and the District of Columbia (“DC”) (collectively, the “Territory”), except where prohibited by applicable laws and regulations. The Game is governed by these Official Rules.
Except as otherwise stated, all times shall be United States Mountain Daylight Savings Time (“MDT”). A day is the 24-hour period beginning at 12:00:00 a.m. and ending the following 11:59:59 p.m. (a “Day”).
2. WHO IS ELIGIBLE TO PLAY/TO WIN.
A. Eligibility: The Game is open only to individuals who are residents of the Territory and who are thirteen (13) years of age or older on the Day of the beginning of registration (see Rule 4A). Persons in any of the following categories are NOT eligible to participate in the Game: any person who on or after September 15, 2013, was or is (a) an employee, director, officer, employee, agent, or independent contractor of Plink, Inc.; or (b) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or who reside in the same household as, any person in (a) above.
B. Agreement To Official Rules: The Game is conducted in the Territory by Plink, Inc. (the “Sponsor”). Each person who plays the Game (each a “Participant”), and his or her parent or legal guardian if the Participant is an eligible minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding with respect to all aspects of the Game.
C. To Be Eligible To Win: Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner. A potential winner will be disqualified for not complying with the Official Rules and/or not being eligible to participate in the Game (see Rule 10, “Verification”). Sponsor reserves the right in its sole discretion to disqualify any potential winner who Sponsor determines is not permitted by law to receive a prize. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason.
3. HOW TO PLAY/GAME ODDS:
You can enter the Game either (a) Online at www.plink.com (“Official Website”); or (b) Without consideration using an alternate method of entry (sec. B)
A. Game Registration Information: To participate in the Game online, an individual who is a resident of the Territory and thirteen (13) years of age or older must be a Plink member, which requires that the participant complete the Plink online registration (“Online Registration”), and must link their Plink membership with their Facebook or Twitter account . Plink Online Registration does not require that the member link a bank card (credit or debit) to their Plink account; however, linking a bank card will result in more entries in the Game.
(i) To register, simply access the Official Website (www.plink.com) by using a computer or other digital device that can access the internet (see Rule 12 for Device Requirements). When using certain digital devices, message & data rates may apply (consult your service provider).
(ii) Contest page: Once logged into their account, when the Participant clicks the “Enter Now” button on the Game page, the participant will get one (1) Game entry for each linked Facebook and Twitter account (for a maximum of two (2) Game entries). Game entry can be done once per day. These Game entries will be multiplied for the following reasons:
(a) If the Participant has linked a bank card (credit or debit) prior to the Game entry, their total Game entries will be multiplied by five (5).
(b) If the Participant has referred a friend to Plink.com who has become a new Plink member in good standing and that referral has also linked a bank card (credit or debit) to their account prior to the Game entry, the Participant’s Game entries will be multiplied by ten (10).
The maximum number of Game entries per Participant per day is three hundred (300). Note: Sponsor is not responsible for any entries that may be lost due to power loss or computer-related interruption of a Game entry.
B. Without Consideration (alternate method of entry “AMOE”): A Participant can request entries without following the above requirements for playing the Game online by sending a 3 inch x 5 inch card on which the player has legibly handwritten the participant's email address, First and Last Name, Complete Mailing Address (e.g. Street, City, State, ZIP code), Date of Birth, the date that the participant would like to enter (each day in the contest requires a separate card) in mm/dd/yyyy format and the name of this Game (which is the Plink's $500 Amazon.com Gift Card Giveaway). The card must be placed in a #10 envelope, and mailed to Plink, 2000 S. Colorado Blvd, Tower 1 – Suite 7000, Denver, CO 80222. All cards must be received by Plink before the end of the Game Play Period. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. Limit: 1 card per envelope. For each mailed in entry that complies with the above requirements, the Participant will receive two (2) entries multiplied by the number of referrals the Participant acquired during the contest period, maxing at 300 entries which is the maximum number of entries that can be earned in a day by participating online. Mailed entries that otherwise fail to comply with these requirements will NOT be honored. Postcards will not be acknowledged or returned. The odds of winning any prize will be the same by mail in entry as by entering online. Submitting mailed entries constitutes Participant's agreement to these Official Rules.
C. Transfers: The transfer of Game entries by a Participant to another person is strictly prohibited.
D. Game Winners: On or about April 30th, 2014, one hundred and fifty winners (150) will be selected in a random prize drawing from among all eligible entries received for the Game. The potential winners will be contacted by email and through their facebook accounts within two (2) business Days after the drawing. The odds of winning a prize in the Game depends on the number of eligible entries received.
Place Prize (in Plink Points)
2 through 8 2,500
9 through 18 1,000
19 through 30 500
31 through 75 200
76 through 150 100
All income taxes (including, without limitation, federal, state, and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners. A Federal Form 1099 will be issued for any prize valued at $600 or more, for the tax year the prize is received. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any prize are the sole responsibility of the winner. If a potential winner cannot accept a prize as stated, that prize will be forfeited in its entirety and awarded to an alternate winner. If a winner is a minor in their jurisdiction of residence, a prize may be awarded in the name of, or to, winner’s parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of a winner, both on behalf of themself and the winner, or the prize may be forfeited in its entirety.
The First Prize of the $500 Amazon.com Gift Card is awarded as a total of 50,000 (fifty thousand) Plink Points which is the amount needed to redeem for $500 (Five Hundred) in Amazon.com gift cards on Plink.com.
Each Participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Game, including, without limitation, determinations regarding the validity of Game entries and Game winners. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to Sponsor's sole satisfaction, the entry will be deemed ineligible.
6. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION.
Sponsor is not responsible for: (a) incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered, or postage-due submissions of Game entries, or any mail; (b) any damage to an entrant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing the Game website or redemption pages, participating in the Game or claiming an Game prize; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or Wireless Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Game; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures, or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any Game documentation; or (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by Official Website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Game; or (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Sponsor shall not be responsible to correspond with Participants. By participating in the Game each Participant hereby releases and agrees to hold the Sponsor and its affiliated entities and their respective officers, directors, employees, agents, members, shareholders, contractors and others ("Game Entities") harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Game or any Game-related and/or travel-related activity, or participation in any prize-related activities, or the receipt, use or misuse of any prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise. Each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe for advertising, commercial and promotional purposes in connection with the Game and other promotions without further compensation (except where prohibited by law), and releases the Game Entities from any liability with respect thereto.
7. ONLINE COMPUTER SYSTEM DEVICE REQUIREMENTS.
A. Desktop/Laptop System Requirements:
PC (Windows 7): Internet Explorer® 9, 10; Google Chrome™ 24, 25. Firefox® 18, 19. Mac (Mac OS 10.7): Firefox 18, 19; Safari® 5.1 or 6. The Game website on a desktop/laptop is optimized for use with a 1024x768 screen resolution. Using a screen resolution lower than 1024x768 may result in a Participant not being able to play the Game.
Note: Non-Supported Browsers and Devices may be served a page stating the Participant’s browser or device is not supported with links to external pages (not associated with the Promotion or Sponsor) to update the Participant’s browser or direct the entrant to play on a supported desktop/laptop computer to participate. Using a browser or device not supported may prevent participation in the Game.
While all efforts are made to support current browsers and devices, new browsers and devices may not be supported if brought to market after the development of the Promotion. Sponsor may not be held responsible for any browser or device supporting issues.
A. Disqualification: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner will be disqualified and the prize forfeited, except that Sponsor will attempt to contact up to three (3) alternates in order to award the prize. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Game. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Game; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Game, in whole or in part, or modify, suspend or extend the Game in any way, if it determines in its sole discretion, that the Game is impaired or corrupted or that fraud or technical problems, failures, malfunctions, or errors (including, without limitation, computer viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Game. In the event Sponsor is prevented from continuing with the Game as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Game. Only the type and quantity of prizes described in these Official Rules will be awarded.
C. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participants and the Game Entities in connection with the Game shall be governed by and construed in accordance with the internal laws of the State of Colorado including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
9. Participants and the Sponsor agree that any claim or dispute between such parties that arises out of the Game or these Official Rules, including the validity of this arbitration clause, shall be resolved through arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") then in effect. The arbitration shall be conducted in Denver, Colorado before one arbitrator appointed in accordance with the AAA Rules. The award of the arbitrator may be entered as a judgment in any court having jurisdiction. Participants and Sponsor agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
10. A winner's list will be made upon request to Plink's customer service at firstname.lastname@example.org following completion of the Game.
Waiver and Severability
The failure of Plink to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Denver County, Colorado, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms, our Privacy and Security Policy, and the other terms and conditions referenced herein are the entire and exclusive agreement between Plink and you regarding the Services (excluding any services for which you have a separate agreement with Plink that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Plink and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at Plink.com/index.cfm?fuseaction=main.terms. If the revision, in our sole discretion, is material we will notify you via posting to the Services or an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Plink, LLC, 2000 S. Colorado Blvd, Tower 1, Suite 7000, Denver, CO 80222. If you have any questions about these Terms, please contact us.