SMACK COIN PROGRAM TERMS AND CONDITIONS
last updated September 10, 2007
1. Participation and Terms.
To participate in the Smack Coin Program to earn coins (the "Program"), you must be a legal resident of the fifty (50) United States and District of Columbia who is at least eighteen (18) years of age ("Participants"), hold a valid Jellyfish Account and agree to these Smack Coin Program Terms and Conditions. Void where prohibited by law.
By participating in the Program, Participants agree (i) to these terms and conditions, the Jellyfish Terms of Service and Privacy Policy, both of which are made a part hereof by reference (collectively, "Terms"), and (ii) to the decisions of Jellyfish, which are final and binding in all respects. Separate terms and conditions may apply to your participation in the activities that allow you to earn coins, for example, the SmackPot promotion ("Activities"). Any Participant deemed to be participating in any manner that is not in compliance with these Terms may be disqualified from the Program and any future Jellyfish promotions, and may have their Jellyfish Account revoked.
Jellyfish reserves the right at any time to modify, suspend or cancel the Program and shall have no liability as a result of such modification, suspension or discontinuance of the Program. Any changes Jellyfish makes will be effective immediately on notice, which it may give either by posting the new Terms on the Program site at [insert the Coins & Prizes link] ("Site") or via electronic mail. A Participant's participation in the Program after such notice will be deemed acceptance of such changes. A Participant should review the Terms periodically to ensure his/her familiarity with the most current version. A Participant will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of the Terms.
2. Program Overview
Participants may participate in Activities with an opportunity to earn Coins which can be applied to Rewards. Participation in any Activity is subject to the specific rules and other requirements for an Activity ("Rules"). Unused Coins will expire if Participants do not play an Activity while signed in to his/her Jellyfish Account for 180 days. Participation in Activities may be limited or restricted as Jellyfish determines in its sole discretion. Activities and Rewards offered may vary. The number of Coins available for an Activity may also vary. Jellyfish reserves the right to change the number of Coins each Participant must earn to receive a certain Reward, at its sole discretion, at any time during the Program. Jellyfish reserves the right to not issue Coins or revoke previously issued Coins if we suspect fraud, or for any other reason.
3. How to Register
In order to receive Coins and Rewards, a Participant must have a valid Jellyfish Account, and provide name, mailing address, email address, and Smack Shopping nickname. Additional personal information may be required to receive certain Rewards. Participants are solely responsible for keeping their personal information up-to-date.
4. How to Receive Coins and Rewards
Upon successfully completing an Activity, a Participant must follow the directions provided on the Site to claim his/her Coins and Rewards. If there are a limited number of Coins or Rewards, those will be provided on a first-come, first-serve basis. Unused Coins will expire if the Participant does not participate in an Activity while signed in with his/her Jellyfish Account for a period of one hundred and eighty (180) days. Jellyfish reserves the right to require Participants to execute an affidavit, release of liability, publicity release and other documents as a condition to receiving a Reward. Additional terms and conditions may apply. Coins and Rewards are provided "as is" with no warranty or guarantee, either express or implied by Jellyfish. All Coin and Reward details are at Jellyfish's sole discretion. Recipients cannot transfer, substitute or redeem Coins or Rewards for cash, and Coins and Rewards have no cash value. Rewards are not for resale. Jellyfish may limit the quantity of Coins or Rewards per Participant or per household. Once ordered by the Participant, Rewards cannot be cancelled or returned for a refund of Coins. Jellyfish reserves the right to substitute a Coin or Reward of comparable value, at its sole discretion. Participants are responsible for all federal, state and local taxes as well as any other costs or expenses associated with Reward acceptance and use not specified herein as being provided. Jellyfish reserves the right to verify eligibility qualifications of Participants.
Participant must be in compliance with the Terms, as determined by Jellyfish, to receive a Coin or Reward. Rewards will be mailed to the U.S. mailing address provided at time of prize redemption or, if applicable, the e-mail address provided at time of prize redemption. No Rewards will be shipped to destinations outside the United States. Rewards will be delivered within approximately 12 weeks from the date redemption request is fully processed, unless otherwise stated on the Site. Releasees (as defined below) shall not be liable for any damages, losses or delays in connection with any shipments to Participants. Coins or Rewards that are undeliverable will not be resent and shall be deemed forfeited.
5. General Conditions
Coins earned in this Program are not valid in and may not be used in combination with any other reward programs offered by Jellyfish or third parties. By participating in the Program, Participants agree to release, discharge, indemnify and hold harmless Jellyfish, its subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, "Releasees") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Coin or Reward attained through this Program. All applicable federal, state and local laws and regulations apply.
By participating in the Program, Jellyfish shall have the right, but not the obligation, to use, display and publish Participant's first name and/or nickname used in the Activities throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes. If Jellyfish makes use of the foregoing right, Participants understand and agree that they will not receive any other consideration, or payment, notification or credit, nor will they have any approval over how the foregoing rights are used.
Releasees are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, Coin or Reward requests or other errors or problems of any kind relating to or in connection with the Program, whether typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the processing of registrations, tabulating Coins, the announcement of Activities, Coins or Rewards or in any Program-related materials. Jellyfish reserves the right to disqualify Participants and void their Coins if found to be tampering with or abusing any aspect of this Program or are otherwise not in compliance with the Terms as solely determined by Jellyfish. For the avoidance of doubt, use of any bot, cheat code or other automated means of any kind whatsoever to play any game or otherwise participate in the Program is prohibited.
All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Jellyfish, whose decisions shall be binding on Participants.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of the Terms, or the rights and obligations of the Participant and Jellyfish, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
Participant's personal information collected in connection with this Program will be used in accordance with the Jellyfish Privacy Notice.
The Program is offered by Jellyfish, Inc. 1600 Aspen Commons, Suite 950, Middleton WI 53562.