Win5 Terms & Conditions 1. Participating in our game (Win5) signifies your knowledge of and agreement to abide by our most current Terms and Conditions. Our Terms and Conditions can be modified at any time without any notification. You are responsible for reviewing these Terms periodically. a. The terms are governed in accordance with the laws of the State of Nevada. You agree that any dispute that cannot be resolved between us shall be resolved by arbitration without any resort to any form of a class action. Arbitration shall be conducted in Las Vegas, Nevada, and administered by an accepted arbitrator in accordance with commercial arbitration rules. b. These terms in connection with the other obligations and rules detailed in writing on our site constitute our entire agreement between you, the player, and us, the site operator. These terms cannot be modified on an individual basis. Modified Terms and Conditions will be displayed when in effect. c. Servability - If any of our Terms and Conditions is deemed vboid or unenforceable, then that condition shall be deemed servable from our current Terms and Conditions, but shall not affect the validity and enforceability of the remaining terms and conditions. 2. Game Odds & Payouts a. Method of Entry Your first game play requires no game points. All first-time players from either Win5 or our partner sites receive instant game points and Prize Money. If you win your initial game, which consists of three (3) races, you will receive 100 game points and $9 in Prize Money. If you lose your initial game, you will still be rewarded with 100 game points and $4 in Prize Money. After your initial play and registration, you will have access to your game points. Players have the ability to choose the amount of game points they wish to play. Each winning game play (selecting a horse and winning the race as the jockey) will return two Prize Money for each game point played. With each play, the game points played will no longer be available for game play. Losing plays will still credit your prize point account with an equal number of Prize Money. b. Alternative Method of Entry To acquire more game points, access our Get More Credits tab and interact with both free and non-free advertising offers from our third-party offers. The amount of game points you will receive will depend on the individual offer you successfully complete. To receive an additional 10 game points free without participating in our Free Offers program, please send a hand-written postcard with your full name and email address used to create your account and access the site to: Horse Racing Simulation, LLC c/o To Win5.com 3230 E. Flamingo Road, Ste. 8-307 Las Vegas, NV 89121 Players are allowed 10 free points per quarter. Please allow four to eight weeks for free points to post. c. Odds of Winning Our game uses an algorithm based on luck and skill. The average player will win approximately eight out of ten races they run. This number can vary dramatically depending on the horse that is chosen and the level of skill the player has obtained. Therefore, we cannot provide the exact mathematical odds of winning each individual game you play. 3. Full Conditions & Obligations a. Eligibility Participate in any game offered on the site, you must be a natural person 13 years of age or older assigned to the email address submitted on your registration form and be a current citizen of the United States, United Kingdom, Canada or Australia. You may be required to present proof that you meet these conditions when claiming a prize. Failure to comply or meet such conditions will result in forfeiture of said prize and immediate closure of your account. b. No person directly associated with Win5 or its affiliated companies is eligible to participate in our game and win cash or prizes. This also includes immediate family members residing in the same household with any employee of Win5 and its associated companies. c. Tax Liability You are subject to all laws of the country in which you reside when accessing our site. You agree that the site cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties as to your legal right to participate in any game offered on this site, nor shall any affiliated person or claiming affiliation with this site have the right or authority to make such representations. The site reserves the right to monitor the location from which you access the game (IP address). We also have the right to block access from any jurisdiction in which participation is explicitly illegal or restricted. Residents of the United States, in compliance with the United States Internal Revenue Service regulations, are required to fill out a 1099 Form when their winnings exceed $600 USD in any given year. It is the sole responsibility of all individuals to pay any required taxes in accordance with the laws that apply in your country of residence. d. Acknowledgement of Proprietary Rights By participating in any game offered on this site, you acknowledge that all information contained on this site is protected in all forms and media by either valid copyright, 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 or in any way exploit this information. 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. Win5 assumes no liability or responsibility for any errors or omissions in the content of this site. Any communication you transmit to the site in any format will be treated as non-confidential and non-proprietary. In addition, this site is free to use and any ideas or concepts or any techniques contained in any communication you send to the site for any purpose whatsoever with no limitation. The trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of the site and/or other affiliated partners. This site will aggressively enforce its intellectual property rights to the fullest extent of the law including seeking criminal prosecution where appropriate. e. Promotion Acknowledgement By participating in the game, you agree that the site may display your first name and first initial of your last name in game records, along with prizes won in any promotional programs both on and off the site. This can even include print, television and radio broadcasts. The company has the right to use an actor or any likeness of such winners in its promotional material. f. Submitting Ideas Any suggestions, comments or ideas submitted to us instantly become the sole property of the site. Win5 and its affiliated companies does not compensate for any submitted ideas in any manner whatsoever. g. Registration Information You are required to submit certain information when registering and additional information when collecting a prize. You represent that all information provided to this site is complete and accurate. Knowingly submitting incomplete or inaccurate information can result in the immediate termination of your account and forfeiture of any prizes that are won during game play. You may participate on this site with only one user account. The site will use multiple monitoring programs in an effort to enforce our one-account per player condition. If any person establishes multiple accounts, it will result in immediate termination of all of their accounts. The site reserves the right to deny access to anyone using proxy servers or IP addresses residing in certain geographical areas outside of the United States. The site also reserves the right to set an expiration date or other limits on all Prize Money. If a player does not play on the site during any 90-day period, all Prize Money in that player's account will be considered void. There is no exception to this rule. h. Privacy Policy Win5 has a complete Privacy Policy. Please review it. i. Game Abuse & Malfunctions All software malfunctions void all plays. In addition, anyone who displays behavior consistent with the use of unfair methods on our site including multiple user accounts or trying to alter, intercept or intentionally malfunction our software program, posting derogatory or objectionable material in our forums, or any breach of our Terms and Conditions, will have their account immediately terminated. In addition, any accumulated Prize Money will be immediately voided. j. Cashing In Players may request a check or a gift card anytime when they have accumulated a minimum of $25 USD in earnings. Cash requests will be sent via check mailed to the registered address with our site. Under no circumstances will the company issue a check for any amount less than $25 USD. 4. General Disclaimer BY PARTICIPATING IN ANY GAME 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 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 game in which you have begun to participate, the Site will allow users to participate again in a game until the participation is complete. 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 game play or terminate your participation 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 game. a.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. b. Winnings by Check - You agree that the Site is not liable for any loss caused by any unauthorized use of any prizes that are interfered with, stolen or otherwise improperly or illegally cashed by a third party. It is the user´s sole responsibility to ensure that accurate registration information is provided to the Site for the issuance of Winnings. Any attempt to defraud the Site through the use of invalid registration information, will result in immediate termination of your participation, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution. c. Hacking, Tampering, or Unauthorized Access By participating in any game offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site. Any attempt to gain unauthorized access to the Site´s systems, 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 participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any game 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 civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which your are otherwise entitled. d. Accounts for Individual Use Only You, as a participant of the Site, are solely responsible for all obligations and (assuming compliance with all other Terms of the Site) entitled to all benefits accruing thereto. You may not allow any other person to participate on your behalf, access the Site, accept any winnings, or participate in any game using your account. Your participation is not transferable to any other person. By participating in any game 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 attorney´s fees) arising from any users participation with your email address. e. Account Termination The Site reserves the right to terminate your participation, limit or prohibit your participation in any game, for any reason, including but not limited to any abuse (see Section 2.14) by you. By participating in any game offered on the Site, you consent to allow the Site to access your personal information to investigate complaints or other allegations of abuse. All winnings (if any) may be voided at the sole discretion of the Site. f. Third Party Sites The Win5 site is not responsible for the actions of third parties who advertise on the site. Each advertiser offers their own privacy policy, as well as terms and conditions. Your interactions with such advertisers are agreements between you and them with the site having no responsibility for such interactions. When you fill out any third-party advertising offers through our Free Offers platform, you are directly submitting your information to those independent companies. Win5.com and its affiliated companies do not control nor restrict how such marketing partners may utilize such information. Each independent offer in the Free Offers section will have its own independent Terms of Service and Privacy Policy. Make sure you are comfortable with their independent Terms of Service and Privacy Policy before completing their offers. If you have any issues or concerns with any of the privacy policies from these third parties, you should contact them directly. g. Rules Regarding Spam We would like to remind our players to advertise their referral links in a responsible manner. The majority of our players will have no problems following the rules. If you do not follow our rules regarding link promotion, not only will you be banned from our site, but you will be considered SPAM and blocked from major sites on the Web. What's Considered Spam? Spam, basically, is posting links where they are unwanted or against the rules. If you visit other sites and create accounts for the sole purpose of posting your Win5 link, you're probably spamming! Read the rules on all the websites where you want to post your referral link. Make sure you are not violating their terms and conditions. Facebook.com, for example, has made it clear that their site does not allow commercial promotions of any kind. Posting links on Facebook would violate both our and Facebook's anti-spam policy and cause your Win5 account to be closed and maybe your Facebook account. By giving out your referral link only where it's accepted, you are not only preserving Win5's good name, but you are protecting yourself. Big social networks, such as My Space and Facebook, pursue those who violate their SPAM policies. Avoid any legal issues and follow all website anti-SPAM posting policies. Spamming can be done through emails, message boards and social network sites, as well. All of that is strictly forbidden. Violating the spamming policies of Win5 will close your account and freeze your earnings. There are still plenty of fun, legal and good ways to get referrals. Post your referral link where you have established accounts or in areas that permit solicitations for products or services. Post your referral link in a manner that follows the rules and, at the same time, treats others with respect. In the end, you'll get more referrals and earn more money. 5. Conclusion These Terms constitute the entire agreement between the Site and Site 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 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 is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. Last updated May 2010.