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GENERAL ELIGIBILITY AND ENTRY
THE SWIFT CLICK / RMG SOFTWARE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO, US VIRGIN ISLANDS AND US AND FOREIGN POSSESSIONS AND TERRITORIES) AND CANADA (EXCLUDING QUEBEC) WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR RESIDENT STATE OR PROVINCE.
CONTESTS ARE VOID IN PUERTO RICO, US VIRGIN ISLANDS, US AND FOREIGN POSSESSIONS AND TERRITORIES, QUEBEC AND WHERE OTHERWISE PROHIBITED BY LAW. RESIDENTS OF INELIGIBLE LOCATIONS (AS DEFINED BELOW) MAY PARTICIPATE IN THE CONTEST BUT ARE NOT ELIGIBLE TO WIN OR RECEIVE PRIZES.
THE CONTEST IS NOT TO BE USED IN CONNECTION WITH ANY FORM OF GAMBLING OR FOR THE PROMOTION OF GAMBLING. NO PURCHASE IS NECESSARY.
Open to legal residents of the United States (excluding Puerto Rico, US Virgin Islands and US and foreign possessions and territories) and Canada (excluding Quebec), who have reached the age of majority in their states or provinces and are located in the United States (excluding Puerto Rico, US Virgin Islands and US and foreign possessions and territories) or Canada (excluding Quebec) at the time of entry.
Residents of Arizona, Iowa, Louisiana, Maryland, Montana, Vermont, Washington, Tennessee, North Dakota, and the province of Quebec (collectively, the "Ineligible Locations"), who have reached the age of majority may play, but are NOT eligible to win or receive any prizes.
Any individual who is resident in the United States or Canada (other than the ineligible locations) and who is at least 18 years of age as of date of THE CONTEST, but has not reached the age of majority in his/her state, province or territory of residence, may register to play THE CONTEST, provided he/she has his/her parent’s permission, but will NOT be eligible to win or receive any prizes.
Employees and their immediate families, including household members, of RMG SOFTWARE, and/or of each of their respective parent companies, subsidiaries and affiliates, and of their respective distributors, suppliers, participating vendors, promotion or advertising agencies, or of any other company or person involved with the design, production, execution or distribution of THE CONTEST are not eligible to enter.
Entrants will launch the official SWIFT CLICK / RMG SOFTWARE application and view the available CONTESTS.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
CONTEST CONDITIONS OF PARTICIPATION
By entering THE CONTEST, entrants agree to be bound by these rules and the decisions of SWIFT CLICK / RMG SOFTWARE, which shall be final and binding in all respects.
SWIFT CLICK / RMG SOFTWARE, in its sole discretion, may disqualify any entrant from THE CONTEST, refuse to award SWIFT CLICK / RMG SOFTWARE Points or prizes and require the return of any prizes, if entrant engages in conduct SWIFT CLICK / RMG SOFTWARE deems to be improper, unfair or otherwise adverse to the operation of THE CONTEST or in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
Falsifying personal information required to enter THE CONTEST or claim a prize;
Engaging in any type of fiscal fraud or unauthorized use of credit instruments to enter THE CONTEST or claim a prize;
Colluding with any other individual or engaging in any type of syndicate play;
Any violation of the CONTEST RULES, END USER LICENSING AGREEMENT, or TERMS OF SERVICE;
Accumulating points or prizes through unauthorized methods such as automated scripts or other automated means;
Any type of bonus abuse;
Tampering with the administration of THE CONTEST or trying to in any way tamper with the computer programs associated with THE CONTEST;
Obtaining other entrants information and spamming other entrants; or
Abusing the SWIFT CLICK / RMG SOFTWARE website in any way.
Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent SWIFT CLICK / RMG SOFTWARE from pursuing criminal or civil proceedings in connection with such conduct.
THE CONTEST MAY NOT BE USED FOR ANY FORM OF GAMBLING.
SWIFT CLICK / RMG SOFTWARE reserves the right to modify the TERMS OF SERVICE for clarification purposes without materially affecting the terms and conditions of THE CONTEST.
By entering into THE CONTEST or accepting any prize, entrants, including but not limited to the winner(s), agree to release and to hold harmless SWIFT CLICK / RMG SOFTWARE, their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties") from any and all liability, claims or actions of any kind whatsoever, including, but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in THE CONTEST, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, and claims based on publicity rights, defamation, or invasion of privacy.
SWIFT CLICK / RMG SOFTWARE is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in THE CONTEST), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in THE CONTEST; inability to access any website, or any web pages of the SWIFT CLICK / RMG SOFTWARE; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
SWIFT CLICK / RMG SOFTWARE is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason THE CONTEST is not capable of running as originally planned, or if THE CONTEST, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to THE CONTEST in accordance with the TERMS OF SERVICE, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of SWIFT CLICK / RMG SOFTWARE corrupts or affects the administration, security, fairness, integrity, or proper conduct of THE CONTEST, SWIFT CLICK / RMG SOFTWARE reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend THE CONTEST, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the SWIFT CLICK / RMG SOFTWARE website.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE COMPUTER APPLICATION, PHONE SERVICE SITE, OR WEBSITE (INCLUDING THE SWIFT CLICK / RMG SOFTWARE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SWIFT CLICK / RMG SOFTWARE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of SWIFT CLICK / RMG SOFTWARE and will not be acknowledged or returned.
Winners may be requested to provide SWIFT CLICK / RMG SOFTWARE with proof that the winner is a resident at the address provided on the registration screen and that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an entrant or winner based on an e-mail address, the applicable entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person 21 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
All issues and questions concerning the construction, validity, interpretation and enforceability of the TERMS OF SERVICE, or the rights and obligations of any entrant, SWIFT CLICK / RMG SOFTWARE or the Released Parties in connection with THE CONTEST, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California. If any controversy or claim arising out of or relating to THE CONTEST, the TERMS OF SERVICE, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of Orange, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("the JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
Participation in THE CONTEST must be made only as specified in the TERMS OF SERVICE. Failure to comply with these TERMS OF SERVICE will result in disqualification and, if applicable, prize forfeiture.
The failure of SWIFT CLICK / RMG SOFTWARE to comply with any provision of these TERMS OF SERVICE due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of SWIFT CLICK / RMG SOFTWARE’s (excepting compliance with applicable codes and regulations) or other force major event will not be considered a breach of these TERMS OF SERVICE.
Where legal, both entrants and winner, you consent to the use of your name, voice, and likeness, photograph in and in connection with the development, production, distribution and/or exploitation of THE CONTEST. Winners agree that from the date of notification by SWIFT CLICK / RMG SOFTWARE of their status as a potential winner and continuing until such time when SWIFT CLICK / RMG SOFTWARE informs them that they no longer need to do so that they will make themselves exclusively available to SWIFT CLICK / RMG SOFTWARE for publicity, advertising and promotion activities, and must agree not to allow interviews by other media outlets, including television, magazines, newspapers, radio and the Internet, unless authorized by SWIFT CLICK / RMG SOFTWARE.
OTHER LEGAL RESTRICTIONS
CONTEST OF SKILL
SWIFT CLICK / RMG SOFTWARE is a contest of skill. Winners are determined by the objective criteria described in THE CONTEST deadline and scoring rules. From all entries received for each CONTEST, winners are determined by the individuals who use their skill and knowledge of playing SWIFT CLICK on an iDevice. SWIFT CLICK / RMG SOFTWARE are applied wherein rules to accumulate the most points according to the corresponding scoring rules.
Because of the special nature of Head-to-Head Contests, prizes will only be guaranteed if THE CONTEST is run. We reserve the right to cancel the contests at any time.
SWIFT CLICK / RMG SOFTWARE POINTS
SWIFT CLICK / RMG SOFTWARE POINTS (SCP's) can be earned by anyone who participates inTHE CONTESTS. Participants may also earn 100 SCP's for every ten dollars contributed to THE CONTEST, DEPOSITED, or through participation in non-contest related activities that SWIFT CLICK / RMG SOFTWARE may offer from time to time. There is no limit to the number of SCP’s a participant can earn per. In the case of CONTEST bonuses, SCP's are credited when THE CONTEST is completed. SCP's can be used to enter real-money contests or special contests that SWIFT CLICK / RMG SOFTWARE may offer from time to time.
SWIFT CLICK / RMG SOFTWARE POINTS HAVE NO CASH VALUE AND ARE SUBJECT TO EXPIRATION.
Additionally, the following terms apply to earning and using SCP's when awarded as a BONUS.
Only members in good standing of SWIFT CLICK / RMG SOFTWARE are eligible to receive SCP's.
SCP's are non-transferable and non-refundable.
The use of multiple-accounts to earn SCP's is prohibited.
Players must play their own money in order to earn an SCP bonus. If you deposit, receive a bonus and then withdraw the amount of the deposit without risking your own funds, we will deduct both the bonus and the winnings.
The recycling of funds to earn SCP's is not permitted (i.e. requesting a withdrawal to make a deposit with little or no activity between the withdrawal and deposit does not earn a SCP bonus).
Management reserves the right to revoke a bonus and winnings derived from the revoked bonus at any time. Bonus bashing will not be tolerated.
Any abuse of these terms shall result in the immediate revocation of the SCP bonus.
SWIFT CLICK / RMG SOFTWARE consists of one monthly CONTESTS available for individual gameplay sessions on a USER'S iDEVICE.
THE CONTEST results and prize calculations are based on the scoring results at the completion of the last month withholding each individual CONTEST. Once THE CONTEST results are scored, prizes are awarded. The scoring results of THE CONTEST will not be changed once finalized by SWIFT CLICK / RMG SOFTWARE.
At the conclusion of THE CONTEST, prizes will be CONFIRMED within 72 hours from the first day of the following month. Prizes will only be awarded if claimed by the user. CLAIMING PRIZES constitutes the receipt of a confirmation e-mail which will include the PRIZE that has been selected for THE CONTEST by SWIFT CLICK / RMG SOFTWARE. Each PRIZE is selected at the discretion of SWIFT CLICK / RMG SOFTWARE and herein will be deemed upon the first day of the month following THE CONTEST.
PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted in the SWIFT CLICK / RMG SOFTWARE software and website. Prizes are awarded to winners' SWIFT CLICK / RMG SOFTWARE provided e-mail accounts and confirmation of prizes is subject to terms under PRIZES.
Entrants may withdraw their prize awards by using the WITHDRAWAL option in the ACCOUNT SETTINGS section of the SWIFT CLICK / RMG SOFTWARE software. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms in order to complete the withdrawal of their prizes. Failure to comply with this requirement may result in disqualification.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. A 30% U.S. income tax withholding will be applied to all non-U.S. prize winners. In the event that the awarding of any prizes to winners of THE CONTEST is challenged by any legal authority, SWIFT CLICK / RMG SOFTWARE reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that SWIFT CLICK / RMG SOFTWARE reserves the right to substitute a prize of equal value or lesser if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability for a particular purpose).
Nothing in the TERMS OF SERVICE shall create or confer any rights or other benefits in favor of any third parties.
Nothing in the TERMS OF SERVICE shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between entrants and SWIFT CLICK / RMG SOFTWARE.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with SWIFT CLICK / RMG SOFTWARE or in any way affiliated or associated with THE CONTEST.
SWIFT CLICK / RMG SOFTWARE AND OTHER TRADEMARKS CONTAINED IN THE APPLICATION AND ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF SWIFT CLICK / RMG SOFTWARE PARTNERS, LLC IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS IN THE APPLICATION OR WEBSITE.