TriviaPot.com: The best site to play trivia games: for free or for cash

SECTION ONE - GENERAL INFORMATION
1.1 - Terms and Conditions Binding
Registering for an account and/or participating in any tournament offered on TriviaPot.com ("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.

1.2 - Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the state of Nevada, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any tournament 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 the state of Nevada, 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 action.

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.

1.4 - Severability
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 - CONDITIONS AND OBLIGATIONS
2.1a - Eligibility (United States)
To open an account and/or participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.;
d) be physically located in a U.S. state in which participation in the tournament you select on the Site is unrestricted by law; and
e) at all times abide by these Terms and Conditions.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer fee-based tournaments with prizes to residents of the following states: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament 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 having your account suspended or terminated. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

2.1b - Eligibility (Non-U.S.)
TriviaPot requires users to the TriviaPot website and any of its free services to be 13 years or older.
TriviaPot does not consider the TriviaPot website or any of the free services to be for individuals under 13 years of age. By using this website you confirm that you are 13 years of age or older.
If you are under 13 years of age please do not access the TriviaPot.com website. You agree that if your computer/web device and or internet connection accesses our website that you will not allow children under 13 years old to access our website and that if you do allow children under 13 years old to access the TriviaPot.com website or its free services with your computer/web device and or internet connection that you will assume full liability for any consequences and that NEITHER TriviaPot , ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To participate in any cash prize game or tournament at TriviaPot, you must be at least 18 years of age and possess the legal authority to enter into an agreement and to use TriviaPot games and tournaments in accordance with these Terms and Conditions. You represent and warrant that all registration and account information you supply to TriviaPot is complete and accurate and (through timely updates) are responsible for maintaining the accuracy of this information. Deliberately submitting misleading incomplete and/or inaccurate information will result in the elimination of your account and the forfeiture of any funds you may have won or deposited.
Every TriviaPot player is allowed only a single account on our site. TriviaPot reserves the right to enforce this limitation by requesting a system wide exclusive email address and/or credit card number. If it is discovered that any user has circumvented this limitation TriviaPot has the right to terminate multiple accounts at any time in order to bring the user into compliance with this limitation. Any monies associated with closed accounts are subject for forfeiture. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.2 - Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize 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 tournament 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 tournament 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 prize 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 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. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

2.4 - Trivia & Questions.
You comprehend that in the event that a question has the wrong answer the player has no right to cancel the game; TriviaPot is doing its best to make sure that all the questions are correct, but we have no obligation to all the questions and answers being correct.

2.5 - Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament 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 one copy 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, comments, suggestions, 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 the "Trademarks") displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others.
Nothing contained on the Site should be construed as granting, by implication, estoppel 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.

2.6 - Promotional Activities
By registering for an account, you agree that the Site may display your username and tournament records. By accepting any prize 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.

2.7 - Refer-A-Friend Policy
TriviaPot offers all players the chance to earn a cash referral bonus by referring their friends to our site. Player One will receive a referral bonus, for each player referred, deposited directly into their TriviaPot account provided that Player Two, the referred player, meets certain minimum requirements as defined on the website under the Refer-A-Friend or Promotions section. TriviaPot reserves the right to change or cancel the Refer-A-Friend program at its sole discretion. Referral bonuses can only be used as entry fee and cannot be withdrawn.

2.8 - Submissions
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 to you.

2.9 - Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon establishing a positive Site account balance for entry fee tournaments, you are required to submit the following information: full name, permanent residential address, phone number and credit card or other payment information. Please note that for every credit card deposit made, an authorization request in the amount of at least $10 will be applied to your credit limit, even if the actual amount charged may be lower. In addition, if your total winnings on the Site in any given year reach $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. Failure to provide your social security number at that time will result in the Site's inability to credit your account for any winnings in excess of $600. Each day you wish to participate in a cash competition, you need to confirm the location from which you are playing.

2.10 - 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 termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled.

2.11 - Privacy Policy
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, 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 prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.6.
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. TriviaPot utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive different types of TriviaPot e-mails which include: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament- or game play- related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time via the links included in the emails or by contacting customer support. To view the Site's full privacy policy, click on the following link: Privacy Policy.

2.12 - Chat Policy
Rules of Conduct:
* The Site reserves the right to temporarily or permanently ban users who    violate these rules of conduct, or who in any way abuse the community    purpose of the chat areas.
* The Site reserves the right to remove any posts for any reason.
* Profanity, obscenities, or the use of **asterisks** or other "masking"    characters to disguise such words, is not permitted.
* Obscene, lewd, slanderous, pornographic, abusive, violent, insulting,    indecent, threatening and harassing language of any kind will not be    tolerated.
* Site usernames will be displayed as 'Your Name'; impersonating other    players is not allowed.
* Opinions or comments on the subject at hand are welcomed, but attacking    (flaming) individuals, companies or products is not allowed.
* Advertising or promotion of other companies or URLs is not allowed.
* No advertising of any kind is allowed in messages.
* No copyrighted materials are allowed in messages.
* Information disclosed in the Site chat rooms becomes property of the Site    and is revealed to the public. The Site is not responsible for any    information you choose to disclose to others.
* Advanced fonts, java, tables, html, or other programming codes or    commands are not allowed in messages.

2.13 - 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 have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings (if any) 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, the recipient;
* 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);
   The Site may undertake, at its sole discretion and with or without prior    notice, the following enforcement actions described in detail below:
* Account Suspension: Upon the receipt of a credible and validated    complaint, the Site may also elect to immediately suspend the    membership of the user implicated in the abuse. Suspension serves as a    "Final" warning and will prevent the abuser from continuing their abusive    "Spamming" behavior. The Site will evaluate each validated abuse incident    on a case-by-case basis and impose Termination or Suspension at its sole    discretion, and may void any associated winnings. The Site reserves the    right to lift the suspension of a user at any time, at its sole discretion.
* Account Termination: Upon the receipt of a credible and validated    complaint, the Site may immediately terminate the membership of the    individual user implicated in the abuse and may void any associated    winnings.
   ABUSE REPORTING: If you wish to report a violation of our Anti-Spam    Policy, please forward all evidence of abuse to: support@TriviaPot.com    Please report responsibly!

2.14 - Limitations on Participation
You may establish only one account per person, and only up to two accounts per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person or more than two accounts per computer or address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and TriviaPot may void any associated winnings. The Site also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas. The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site may also impose limitations on the net dollar amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these dollar amount limitations at any time. The Site reserves the right to set expiration dates or other limits on all Game Credits. The Site reserves the right to expire the Game Credits balance of any dormant account. Game Credits is defined as any credit deposited by TriviaPot into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits, prize credits, and gift credits. A dormant account shall be defined as any account that has been inactive for greater than 180 days.

2.15 - Abuse
Abuse occurs when one or more players employ unfair tactics to the detriment of other players.
Anyone who displays abusive behavior which may be interpreted as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of these Terms and Conditions, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

2.16 - Withdrawal Requests
Users may request a withdrawal of funds from their available account balance at any time. The majority of withdrawals requested via electronic methods are processed usually within 48 buisness hours. All withdrawals are subject to a review process that could lengthen this time period.

SECTION THREE - DISCLOSURES
3.1 - Odds and Prizes
The results of all games tournaments offered on the Site depend on the number of the players participating in such tournaments and the skill of the players in such tournaments; precise odds of winning are therefore unavailable.
In certain circumstances where a player's account is closed by the Site for a violation of these Terms and Conditions, that player's winnings may be voided and not returned to that player.
In such an event, the Site uses these winnings to defray the costs of administration and enforcement of these Terms and Conditions.

3.2 - Winners Lists
Lists of winners will be posted on the Site following each tournament, except in the case of tournaments with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five business days while verification of the results takes place in order to help prevent potential abuse.

3.3 - Determination of Winners
The results and winners of each tournament offered on the Site will be determined by the Site, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.

SECTION FOUR - LIMITATION OF LIABILITY
4.1 - General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT 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 you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament entry only. We do not auto-credit for two-player tournaments. 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 limit your tournament play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament.

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 - Internet
If for any reason the Internet portion of the games are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of TriviaPot which corrupt or affect the administration, security, fairness, integrity, or proper conduct of these games, TriviaPot reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or postpone the contest. In such event, TriviaPot further reserves the right to award prizes to the players with the most points as of the termination date.
TriviaPot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line malfunction, theft or destruction or unauthorized access to, or alteration of, entries or transactions. TriviaPot is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this contest.
Furthermore, TriviaPot assumes no liability for any losses related to the above outlined failures or caused by any disconnection from the games.
The majority of internet connections suit the TriviaPot.com requirements. However, in some cases, an internet connection may not comply with game requirements, resulting in unwanted waiting time for all contestants participating in the game. Therefore, it is agreed that if an internet connection should interfere with game flow, the contestant using this connection will be automatically disqualified.

4.4 - 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 termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.

4.5 - Third Party Promotions
TriviaPot may display and make accessible promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that TriviaPot shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against TriviaPot arising from your participation in, or inability to participate in, any Third Party Promotion.

4.6 - Links
TriviaPot accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that TriviaPot endorses the material or content of these sites.

4.7 - Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament 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 or your account.
Any attempt to gain unauthorized access to the Site's systems or any account, 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 termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any tournament 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, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.

4.8 - Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these Terms and Conditions, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.

4.9 - Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or tournament type or modify your ranking or scores for any reason, including but not limited to any Abuse (see Section 2.15) by you.
By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse.
If applicable, all charged monies (deposits), less entry fees and withdrawals, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.

SECTION FIVE - MERCHANDISE PRIZES
5.1 - General Disclaimer
Terms and Conditions for tournaments with merchandise prizes are the same as cash prize tournaments, with the following exceptions:

5.2 - Substitution
Players may request from the Site an offer of cash payment in lieu of any prize won, although the Site is under no obligation to grant such request. If the Site elects, in its sole discretion, to offer a cash payment in lieu of any prize won, the Site reserves the right to determine the exact amount of the cash offer, even if such cash offer may be less than the value of the prize. The player may then elect to accept the Site's cash offer, accept the original prize, or decline both and take nothing. The Site also reserves the right to credit the account of a merchandise prize winner with cash or Trivia Cash (the amount of which is in the Site's sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than 30 days.
If a prize has become suddenly unavailable, if the player is outside the continental U.S. or if there are other difficulties in shipping, the Site has the right, in its sole discretion, to substitute freely the cash or Trivia Cash equivalent (determined by the Site's estimated cost to obtain the merchandise prize, and not the manufacturer's suggested retail price or any other price) for any merchandise prize. Players cannot return or exchange prizes that have already been sent for game or cash credits.
For all merchandise tournaments, a minimum number of user entries is required in order for the described prize to be awarded to the tournament winner. If the number of user entries falls below this minimum, the prize will be a cash amount determined in TriviaPot's sole discretion.

5.3 - Ties
In the event of a tie in any cash prize tournament, the prize is divided equally. For non cash prizes, the player who posted the tying score first will be considered to have finished ahead of the other tying player(s).

5.4 - Taxes
As with our cash prize tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer's Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize. The value of the prize will be posted to your account as winnings, and will be deducted from your account as a withdrawal (corresponding to timing of the shipping of the merchandise). Thus, there will be no change in the dollar value of your account, but your year-to-date winnings will increase.

5.5 - Delivery Time
Unless otherwise specified, merchandise will ship within 14 days of the date the prize is claimed by the winning player. All goods 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 user, and will be deducted directly from the user's account. In certain specifically disclosed merchandise tournaments, 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.

5.6 - Warranties
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 prizes, particularly collectible prizes.

5.7 - Travel Prizes
Prizes involving travel and tourism will require you to depart from a specified list of cities. Any player who wins such a prize 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 prize, 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 prize 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.

5.8 - Other Prizes
For prizes requiring local, state or federal licensing or approval (e.g. a driver's license for an automobile), players 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 prize may be voided.

SECTION SIX - TRIVIAPOT REWARD POINTS PROGRAM
6.0 - Overview of the TriviaPot Reward Points Program
The TriviaPot Reward Points Program (the "Program") is a loyalty program sponsored by the Site, through which individuals can earn rewards ("Reward Points") when individuals perform various tasks, specified below. Individuals may redeem their Reward Points for rewards available in the Rewards Store section of the Site.

6.1 - Eligibility
The Program is void where prohibited by law. Individuals eighteen (18) years and older may participate. The Program is open only to legal residents of the 50 United States except for residents from Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont may not participate in the Program. Residents residing outside of the United States are eligible to participate subject to the limitation set forth in Section 6.6 below. Employees of TriviaPot and its respective related companies, agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. Participation in the Program signifies the participant's full and unconditional agreement to these Terms and Conditions.

6.2 - Duration of Program
TriviaPot reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time.

6.3 - Enrolling in the Program
Players who upgrade their accounts to Real Money Play are automatically enrolled in the Program.

6.4 - Earning Reward Points
In order to earn Reward Points you must be a TriviaPot Member and you must have upgraded your account to Real Money Play. Reward Points may be earned for a number of activities.
These activities may include, but are not limited to: Becoming a Upgraded Member, referring friends, entering tournaments, making deposits, playing a certain number of games in a week, and/or participating in special events.
TriviaPot reserves the right to modify the Reward Points award schedule at any time without prior notice.
TriviaPot reserves the right to change, add, or remove the methods by which Points Players can earn Reward Points. Points Players are responsible for the payment of all local, state and federal taxes, which may result from the reward(s) received as part of the Program.
TriviaPot reserves the right to validate any potential Reward Points and it will be subject to verification by a judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Reward Points will not be awarded until after the verification process is complete. Validation and potential Reward Points are subject to verification and are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels or (b) any part is counterfeit, altered, defective, tampered with or irregular in anyway. The corresponding number of Reward Points will generally appear in the Player's Account within 5 business days after completion of the validation process, however, TriviaPot reserves the right in its sole discretion to award Reward Points later than five business days if additional time is needed for any reason.
Each Points Player is responsible for ensuring the accuracy of his/her Account. Points Players are encouraged to check their Accounts to ensure that the correct number of Reward Points have been accrued to his/her Account.
If a Points Player believes that Reward Points were not properly accrued to his/her Account, the Points Player must notify TriviaPot.
TriviaPot's decisions regarding the awarding of Reward Points are final and binding. Actions by enrollees that are determined to be invalid or improperly obtained for any reason are subject to disqualification and the corresponding Reward Points will be removed from the Points Player's Account to which the invalid Validated Purchases were credited.
Individuals may earn Reward Points in the manner set forth above until TriviaPot decides to end the Program in its sole discretion. TriviaPot will send notice to Points Players notifying them when the Program is going to end (the "Earning Period"). Please note you will have at least thirty (30) days from the Earning Period to redeem your Reward Points.

6.5 - Expiration of Reward Points
TriviaPot reserves the right to void all Reward Points for any Points Player that has been inactive for twelve consecutive months. An inactive account is any account in which the Points Player has not logged in or played any games (money or free) in twelve consecutive months.

6.6 - Redeeming Reward Points
Points Players may only redeem points if they are a Member at TriviaPot.

6.7 - Modifications and Termination of the Program
TriviaPot reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to: the duration of the Earning Period, the duration of the Redemption Period, the amount of Reward Points associated with each action of the TriviaPot Enrollee, the actions through which Points Players may earn Reward Points, the number of Reward Points that may be redeemed through the Program, and any of the options made available to Points Players with respect to their Accounts at any time, with or without notice, even though these changes may affect a Points Player's ability to accrue or use his/her Reward Points.
TriviaPot reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Points Player's ability to accrue or use his/her Reward Points.
Points Players will have 30 days from date Program termination is announced to redeem their Reward Points.
A Points Player's continued participation in the Program constitutes the Points Player's acceptance of any changes to these Terms and Conditions. Points Players are responsible for remaining knowledgeable as to any changes that TriviaPot may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at TriviaPot.com and will supersede all previous versions of these Terms and Conditions.

6.8 - General Terms and Conditions
TriviaPot reserves the right to discontinue the participation privileges of any Points Player who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated Reward Points and benefits. In addition to discontinuance of participation privileges, TriviaPot shall have the right to take or seek appropriate administrative and/or legal action, including civil litigation and/or criminal prosecution, as it deems necessary in its sole discretion. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Reward Points for combined use. Reward Points do not constitute property of a Points Player and may be revoked by TriviaPot at any time as set forth herein. Reward Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. TriviaPot is not responsible for any incorrect or inaccurate information supplied by Points Players while participating in the Program. All questions or disputes regarding eligibility for the Program, earning or redemption of Reward Points, or a Points Player's compliance with these Terms and Conditions will be resolved by TriviaPot in its sole discretion.

6.9 - Limitation of Liability
By participating in the Program, the Points Player acknowledges that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. TriviaPot is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Points Player, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TriviaPot OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF TriviaPot IMPROPERLY DENIES A POINTS PLAYER ANY REWARD POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARD POINTS. BY PARTICIPATING IN THE PROGRAM, A POINTS PLAYER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. None of TriviaPot, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, or service providers, are responsible for any products or services offered on the Partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, TriviaPot AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program.
As a condition of participating in this Program, Points Player agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in the State of Nevada; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will Points Player be permitted to seek recovery for, and Points Player hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Points Player and TriviaPot in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Nevada, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Nevada.
These Terms and Conditions constitute the entire agreement between TriviaPot and Program participants pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, 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.