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