Player Terms & Conditions
The following terms and conditions (the "Terms") are the terms and conditions on which this website http://www.Pixel-Draws.com (the "Website") is made available to you ("You"/ "Your"). By accessing this website, You agree to be bound by these Terms. Please read these Terms carefully before accepting them. We recommend that you print these Terms out for Your records and store them as we will not file our contract with You. These Terms are subject to change as set out below. Although the Website is translated in different languages, the English language version of the Terms will prevail throughout.
1. INFORMATION ABOUT US / GENERAL INFORMATION
1.1 The Website and associated offers are operated by Full Circle Initatives Limited, a company registered in England and Wales under registration number 06216238. Our address is The Gatehouse, 2 Devonhurst Place, Heathfield Terrace, London W4 4JD ("We"/ "Us"/"Our").
1.2 By clicking on "I Agree", You accept to be bound by these Terms. Once You accept these Terms, a legally binding agreement on these terms and conditions is concluded between You and Us.
1.3 We recommend that You read Our Privacy Policy which contains important information about the use of Your personal data, other information regarding Your privacy and Our security processes and policies. By accepting these Terms and Conditions, You are also acknowledging and accepting Our Privacy Policy.
1.4 If You have any questions, complaints or comments on this Website then You may contact Us at Editors@Pixel-Draws.com.
2. HOW TO PLAY
2.1 Pixel-Draws.com provides a number of free chance-based draws which allows its qualifying users potentially to win a cash sum simply by registering with the Website and clicking on any Advert (as defined below) hosted on a given pixel grid (a “Grid”) of the Website (a “Free Pixel Draw”). Pixel-Draws.com runs five (5) different Grids on the Website, each with a different theme for advertisers. Each Grid is run as a stand-alone Free Pixel Draw independently of the others but operating in the same manner (as described below). Details of how to be a qualifying user are more particularly set out in Section 4 below. Please note that if you are not a qualifying user, as set out in these terms, you will not be able to win the cash sum and we have the right to terminate your account with us.
2.2 Each Grid contains five hundred and three thousand two hundred (503,200) pixels, four hundred and fourteen thousand (414,000) of which are for sale at different prices. Each Round, as defined below, advertisers have the option to purchase and colour a group of pixels on the Grid to form a visual advert ("Advert").
2.3 The first round of the Free Pixel Draw will commence on September 30 2007 for all Grids simultaneously. Each subsequent round of the Free Pixel Draw will commence on the first Business Day ("Business Day" meaning any day on which banks are open for business in England, other than Saturday or Sunday) on which an Advert is placed in the grid following the end of the previous round ("Round Commencement Date").
2.4 For each Grid, each round will begin on the Round Commencement Date and conclude one calendar week ("Week") following the earlier of the date on which the Prize Fund (as defined below) reaches seventy five thousand US dollars (USD$75,000) or September 30 2010, (a "Round".)
2.5 For each Grid, the Prize Fund for each Round will be comprised of sixty-six point forty-six percent (66.46%) of all monies received by Us in exchange for Adverts which are to be placed on that Grid in the relevant Round, to a maximum of seventy five thousand US dollars (US$75,000).
2.6 For each Grid, during each Round, a Free Pixel Draw for a pre-defined cash amount (the “Cash Prize”, as defined below) will occur every time the Grid’s Prize Fund reaches the next pre-defined amount (the “Target Amounts”, as defined below). For each Grid, during each Round, each Free Pixel Draw cycle will begin on the Round Commencement Date (or the next Business Day after the Grid’s Prize Fund reached the previous Target Amount) and conclude on the Business Day that the Grid’s Prize Fund reaches the next scheduled Target Amount (the “Free Pixel Draw Cycle”):
2.6.1 following the Round Commencement Date, once the Grid’s Prize Fund reaches one thousand US dollars (US$1,000), a Free Pixel Draw will occur, one week after reaching this amount. The winner of the Free Pixel Draw will be handed one thousand US dollars (US$1,000) as a Cash Prize;
2.6.2 every time the Grid’s Prize Fund increases by a further one thousand US dollars (US$1,000) since the last Free Pixel Draw, a new Free Pixel Draw will occur, one week later, the winner of which will be handed one thousand US dollars (US$1,000) as a Cash Prize;
2.6.3 once the Grid’s Prize Fund has reached ten thousand US dollars (US$10,000) (and the associated Free Pixel Draw has been run for a Cash Prize of one thousand US dollars (US$1,000)), every time the Grid’s Prize Fund increases by a further two thousand US dollars (US$2,000) since the last Free Pixel Draw, a new Free Pixel Draw will occur, a week later, the winner of which will be handed two thousand US dollars (US$2,000) as a Cash Prize;
2.6.4 once the Grid’s Prize Fund has reached fifty thousand US dollars (US$50,000) (and the associated Free Pixel Draw has been run for a Cash Prize of two thousand US dollars (US$2,000)), every time the Grid’s Prize Fund increases by a further five thousand US dollars (US$5,000) since the last Free Pixel Draw, a new Free Pixel Draw will occur, a week later, the winner of which will be handed five thousand US dollars (US$5,000) as a Cash Prize;
2.6.5. once the Grid’s Prize Fund has reached seventy five thousand US dollars (US$75,000), the last Free Pixel Draw will occur, a week later, the winner of which will be handed five thousand US dollars (US$5,000) as a Cash Prize;
2.6.6 if at the time of the conclusion of a Round, the Grid’s Prize Fund has not reached seventy five thousand US dollars (US$75,000), a Free Pixel Draw will occur in any case, a week later, the winner of which will be handed as a Cash Prize the difference between the final value of the Grid’s Prize Fund (as defined below) and the value of the Prize Fund at the time of the previous Free Pixel Draw.
2.7 No entry fee is required in order to participate in any of the Free Pixel Draws. For each Grid, we will select a winning qualifying user every time the Grid’s Prize Fund reaches the designated amounts defined in 2.5 during each Round. For each Grid, the maximum number of Free Prize Draws is thirty-five (35).
2.8 Subject to section 2.11, once You have registered with the Website (see Registration details below) You can record an entry for any given Grid’s Free Pixel Draws by clicking on any Advert ("Entry") on a given Grid. You may record a maximum of ten (10) Entries in total per day and per individual Grid, or the maximum number of Entries as otherwise specified on the Website from time to time, (the "Limit"). The Entries which You record in any given day may be made by clicking on more than one Advert. In the event that You record more clicks than the Limit in any single day only the clicks You make which are up to and within the Limit will be recorded as Entries. Please note that each Advert links through to a website not controlled by Us and as such that We are not responsible for the content of those external websites. Please note that if you are not a qualifying user, as set out in these terms, any click you record on any advert in any individual Grid will not constitute an entry capable of entering You as a candidate to win any prize fund associated with a given Round.
2.9 Subject to sections 2.10 and 2.11, for each Grid, all Entries You have made during a Round will automatically be entered into every future Free Pixel Draw run on that Grid until the end of the Round, unless You inform Us in writing by email during that Round at Editors@Pixel-Draws.com. As per section 2.10, for each Grid, any Entries made during a Round will only be eligible in the current and future Free Pixel Draw Cycles relating to the date and time when the Entries are made, and will not be eligible for Cash Prizes associated with any past Free Pixel Draw Cycles run prior to the date and time the Entry was made during that Round.
2.10 At 17:00 Greenwich Mean Time (GMT) on the final Business Day of each Free Pixel Draw Cycle, on each Grid, We will select an Advert currently hosted on that Grid at random from those Adverts with regard to which at least one Entry has been made since the Round Commencement Date ("Selected Advert"). Please note that the size of an Advert does not increase or decrease its chances of becoming a Selected Advert.
2.11 Any clicks on Adverts made after 17:00 GMT on the final Business Day of each Free Pixel Draw Cycle will not be considered as Entries for the current Free Pixel Draw Cycle in the respective Free Pixel Draw. Any clicks on Adverts made after 17:00 GMT on the final Business Day of each Round will not be considered as Entries for either the current or future Round in the respective Free Pixel Draw.
2.12 For each Grid, any qualifying user, as set out in these Terms, who has made an Entry or Entries by clicking on the Selected Advert in the relevant Free Pixel Draw Cycle in the relevant Round will be a candidate to win the relevant Cash Prize in the Free Pixel Draw Cycle associated with the Grid in question ("Candidate"). Please note that no person who records an Entry at such time as an Advert paid for by either such person or their employer is hosted on any of the Grids will be entitled to be a Candidate in the relevant Free Pixel Draw Cycle.
2.13 For each Grid, if there is only one Candidate for the relevant Free Pixel Draw Cycle then, if a qualifying user, they will be the winner of the relevant Cash Prize for that Free Pixel Draw Cycle on that Grid and where there is more than one Candidate, one of the Candidates will be selected by Us at random to be the winner of the relevant Cash Prize, if a qualifying user ("Winner").
2.14 The procedure specified at sections 2.10 to 2.13 shall be collectively referred to as the (“Draw” / "Draws").
3. DESIGNATING THE WINNER OF A GIVEN FREE PIXEL DRAW CYCLE FOR EACH GRID
3.1 If You are selected as the Winner of a given Free Pixel Draw Cycle for a given Grid, We will contact You using the details You provide upon Registration (as defined below) as soon as reasonably possible to ascertain that you are a qualifying user and to discuss arrangements by which to transfer the relevant Cash Prize to You. In the event that We are unable to contact a relevant Winner within 21 days of their selection as the Winner of a given Free Pixel Draw Cycle in a given Round and Grid, or are unable to agree a suitable method of payment for the relevant Cash Prize to the Winner, We will be entitled to disqualify the relevant Winner from the relevant Free Pixel Draw Cycle and repeat the relevant Draw for the relevant Free Pixel Draw Cycle of that Grid.
3.2 Although We may choose to do so at Our sole discretion, We are not obliged to make payment of the relevant Cash Prize to any person with a verifiable name other than that provided at Registration. In the event that You are selected as the Winner of a given Free Pixel Draw Cycle, You are found to hold multiple Accounts (as defined below) and/or the name You provided at Registration is not Your verifiable real name or You fail to provide Us with photo identification and proof of Your identity and/or address and/or You fail to provide Us with evidence of any change to the details You provided on Registration where requested within 14 days of being selected as the Winner We may elect to disqualify You from the relevant Free Pixel Draw Cycle of that Round for that Grid and randomly select another Winner by repeating the relevant Draw for that Grid. We will not make payment of the relevant Cash Prize to any person who is not a qualifying user.
3.3 The Winner for each Free Pixel Draw Cycle and each Grid will be published on the Website and, subject to section 3.2, will be entitled to the relevant Cash Prize. Any reasonable charges or costs of conversion related to the payment of the relevant Cash Prize to the relevant Winner will be met by Us.
3.4 At the end of each Round for each Grid, in addition to paying the relevant prize fund to the designated Winners over time, We will make a donation of a sum equal to ten percent (10%) of the total relevant prize fund paid to the Winners throughout the relevant Round, directly to charities of Our choice for the relevant Round ("Donation"). The details of the charities We have selected for the Donations for the different Rounds is provided at the bottom of each page of the Website, together with a link to those charities’ websites for further information.
3.5 In the event that You are the Winner in any Free Pixel Draw Cycle on any Round for a given Grid, You consent to the use of Your name and likeness for advertising purposes, including but not limited to Your name being announced on the Website, and to participate in publicity for Pixel-Draws.com as reasonably instructed by Us.
3.6 Please note that Adverts may be added to or removed from the various Grids from time to time.
4. REGISTRATION, PASSWORDS AND SECURITY
4.1 In order to be a qualifying user and to participate in any Free Pixel Draw You must:
4.1.1 register via the Registration section of the Website;
4.1.2 be an individual. Companies are not permitted to participate in any Free Pixel Draw;
4.1.3 be 16 years of age or older or such minimum legal age in the jurisdiction from which You are participating in a Free Pixel Draw, where such minimum legal age is older than 16 years of age;
4.1.4 not be located in, resident in, domiciled in or a citizen of any jurisdiction in which it is unlawful for you to access the Website, click on an Advert, make an Entry or win any relevant Cash Prize; and
4.1.5 not be located in, resident in, domiciled in or a citizen of any jurisdiction in which it is unlawful for Us to provide you with access the Website, facilities to click on an Advert, make an Entry or win any relevant Cash Prize.
4.2 You can register by choosing a unique account name and password and entering other information that We ask for on Our registration form such as (but not limited to) Your first and last name, date of birth, email address, gender and contact details ("Registration"). Following Registration You will be granted a Pixel-Draws.com account ("Account"). Your Account is personal to You and may not be sold or otherwise transferred to any other person.
4.3 You shall ensure that the details provided at Registration are accurate and kept up to date. You can change the details You provide at Registration at any time by emailing Editors@Pixel-Draws.com. Please note that We are under no obligation to make payment of a relevant Cash Prize to any person who is unable or refuses to provide evidence of any change to the details which they provided upon Registration where requested to do so. Please note that You should use Your real, verifiable, name when completing Your Registration. We are not under any obligation to make payment of any Cash Prize to any person with a verifiable name other than that which is provided at Registration. Please see section 3.2 for further details.
4.4 Please note that prior to the final selection of the relevant Winner We will verify, and have the right to commission an independent expert to verify, that every potentially winning user is a qualifying user, as set out in these Terms and in particular as set out in Section 4.1, In the event that We cannot reasonably verify, or our independent expert cannot reasonably verify, that a potentially winning user is a qualifying user, that user will not be drawn as the relevant Winner and We will not make payment of the relevant Cash Prize to that non-qualifying user. We will not make payment of the relevant Cash Prize to any person who is found to not to be a qualifying user. You are responsible for maintaining the confidentiality of Your password and Account name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where Your password or Account name is used by someone else to access the Website. You agree to notify Us immediately by email to the address indicated in section 1.4 of these Terms of any unauthorised use of Your password or user name of which You become aware.
4.5 You are prohibited from holding more than one (1) Account. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1) Account. We reserve the right to close Your Account(s) and if You open multiple Accounts. Please note that We are under no obligation to make payment of the relevant Cash Prize to any person who is found to hold multiple Accounts. Please see section 3.2 for further details.
4.6 Officers, directors, employees, consultants and agents of Full Circle Initiatives Limited or one of its affiliates, ("Unauthorised Persons") are not permitted to register for an Account or to participate directly or indirectly in the Free Pixel Draw, other than in the course of their employment as an employee of Full Circle Initiatives Limited. Similarly, relatives of Unauthorised Persons are not permitted to register an Account or to participate directly or indirectly in any Free Pixel Draw. For these purposes, the term "relative" shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
5. COPYRIGHT / COPYRIGHT LICENCE
5.1 Your use of the Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, copyright, trade marks (both registered and unregistered), logos, graphics, photographs, animations, videos and text or to the intellectual property of third parties in the Website and its contents, including but not limited to the Adverts.
5.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website including, but not limited to, the Adverts, or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
5.3 Any use other than that permitted under this section 5 may only be undertaken with Our prior express authorisation.
6. USE OF THE WEBSITE
6.1 You agree that in using the Website You will not:
6.1.1 Use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
6.1.2 Use the Website for any purpose other than Your personal use;
6.1.3 Access or attempt to access the Accounts of other users or to penetrate or attempt to penetrate the Website security measures;
6.1.4 Register or attempt to register more than one Account via the Registration process;
6.1.5 Register or attempt to register an Account where you are an Unauthorised Person acting other than in the course of Your employment with Full Circle Initatives Limited; or
6.1.6 Attempt to become a Winner other than in accordance with these Terms or defraud Us in any other way.
6.2 We reserve the right to suspend, restrict or terminate Your access to this Website at any time without notice at Our discretion.
7. YOUR LEGAL OBLIGATIONS / YOUR WARRANTIES
7.1 You warrant that:
7.1.1 You are 16 years of age or older or such minimum legal age in the jurisdiction from which You are participating in any Free Pixel Draw, where such minimum legal age is older than 16 years of age;
7.1.2 Your participation in any Free Pixel Draw, including but not limited to recording an Entry, will not result in the breach by You or by Us of any law or laws in the jurisdiction from which You are participating in any Free Pixel Draw or any law or laws in the jurisdiction in which You resident in, domiciled in or of which You are a citizen;
7.1.3 All information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times (note that You can update or correct Your Registration details at any time by amending Your details as described in section 4.3);
7.1.4 You undertake to comply with the restrictions on Your use of the Website as set out in section 6 and as set out elsewhere in these Terms.
7.2 You agree to compensate Us for any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of the Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
8. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
8.1 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence of Our employees or agents.
8.2 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Website and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.
8.3 Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information on the Website itself will be free from errors or omissions.
8.4 We do not warrant that the Website will be available uninterrupted and in a fully operating condition. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
8.5 Save to the extent that nothing in this section 8 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service) all content and services on the Website are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of the Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
8.6 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms shall be limited in aggregate to the net payment, if any, to You from Us in the relevant Round(s) for the relevant Grid(s) in which the alleged liability arises or has arisen.
8.7 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website.
8.8 We provide links to other websites via the Website as part of the Free Pixel Draws, including but not limited to, via Adverts. However, We do not control such third party websites and are not responsible for their contents.
8.9 Subject to section 8.7, We endeavour to maintain Your details (including your contact details) strictly confidential and to respect your privacy as per our Privacy Policy.
9. CHANGES TO THESE TERMS AND CONDITIONS
9.1 We are always looking for new ways to improve the Service and this Website. We may amend these Terms at any time either by publishing the modified Terms on the relevant page of the Website and/or by emailing You notification of the new Terms. All such changes will take effect within thirty (30) days once they have been posted on the Website or emailed to You and You will be deemed to have accepted any such changes by Your use of the Website following such time.
10. SEVERANCE
10.1 Each provision of these Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms shall be governed by the laws of England. You agree to submit to the exclusive jurisdiction of the Courts of England and Wales. Please note, however, you warrant that you are not located in, resident in, domiciled in or a citizen of any jurisdiction in which it is unlawful: (1) for you to access the Website, click on an Advert, make an Entry or win any Cash Prize; or (2) for Us to provide you with access to the Website, facilities to click on an Advert, make an Entry or win any Cash Prize.
Last update on 15th August 2007
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