Playing for Prizes
(1) Who is eligible to play for prizes?
Void in Puerto Rico, Quebec, and where restricted or prohibited by law. You must be (i) a registered Shockwave user ("User"), (ii) a legal resident of the United States or the District of Columbia or Canada and; (iii) the age of 18 or older at the time of entry to win a prize or play games that have prize winnings associated with them; unless you are 13 years old or older and have your parent's permission to play games that have prize winnings associated with them, and if you win a prize, the prize will be awarded to your parent. The first time you win a prize in any calendar year, the prize claim procedure requires you to complete an Affidavit of Eligibility/ Release of Liability and Publicity Release Form (collectively "Affidavit/Release"). You will also be required to provide proof of age and residency. (See Section #6, "How Prizes are Claimed and Awarded".)
(2) Can I win a prize without purchasing a subscription?
Yes, there are alternative methods of entering and playing described in these rules.
(3) What membership types are there?
There are two types of Shockwave Memberships:
(A) Free Membership - Users can register and sign up for a limited free membership on Shockwave.com.
(B) Paid Subscription to Shockwave Unlimited - Shockwave Unlimited members have access to exclusive games.
(4) What are Tokens?
Tokens are virtual rewards given to all Users for participating in some game play and various Shockwave.com activities, regardless of membership type. When awarded, tokens are automatically tracked in the User's account. Tokens can be exchanged for entry or participation in the various prize-winning games and sweepstakes at Shockwave.com. Tokens have no monetary value; cannot be exchanged for cash; and cannot be sold or transferred.
(5) What types of games are there on Shockwave?
There are four types of games on Shockwave.com:
(A) Free online games. There are many games at Shockwave.com that are free for everyone to play.
(B) Shockwave Exclusive Games. These games are exclusively reserved for Shockwave Unlimited members.
(C) Token Games. Some games at Shockwave.com feature the ability for the User to earn tokens. Some of these games are free, while others are Shockwave Unlimited Exclusives.
(D) Download Games. Download games must be downloaded and installed on your computer prior to play. Many have a free trial, some do not. Shockwave Unlimited members can play all download games without paying any additional download sales fees.
(6) What prizes are available for Premium Membership Players?
Prizing and applicable information will be provided if and when prizing, sweepstakes, and/or contests are activated. This section will be updated with the subject information.
(7) How are Prizes Claimed and Awarded?
Golden Tickets - Shockwave Golden Ticket entries are tracked by the sponsor. Users do not need to be active Premium Members at the time of drawing to win prizes.
Cash Prize - If you are a cash prizewinner, you will receive an e-mail with a Affidavit/Release as an attachment to the e-mail. Complete the Affidavit/Release by hand printing, typing or word processing the requested information. You will be required to make a photocopy of one (1) form of state or government issued identification that documents your age and residency. You will have fourteen (14) calendar days from provision of the Affidavit/Release to complete and return the Affidavit/Release. You can return your completed Affidavit/Release via e-mail with the scanned Affidavit/Release as a PDF attachment or via USPS mail. If you do not satisfactorily complete and return the Affidavit/Release in the above time frame, your prize is forfeited. Your prize check will sent via USPS mail within two (2) weeks of the receipt of your satisfactorily completed Affidavit/Release. Proof of sending is not proof of receipt by Sponsors. If the prize you are claiming is $600 or greater, or if you have won prizes from Shockwave.com amounting to $600 or more in the same calendar year, you will be required to provide your Social Security number on the Affidavit/Release for the Sponsor's purpose of filing the US IRS form 1099. If you are a Canadian resident, the cash prize will be awarded in US Dollars, less any applicable US income tax (30%), which the Sponsor will remit to the US IRS in compliance with US tax law.
(8) Additional and Important Terms
B) Employees of Defy Media, LLC, its subsidiaries, affiliates, parent companies, sales representatives, agents, advertising and promotion agencies or any other agencies or entities involved with the development or management of SHOCKWAVE.COM, (collectively Sponsor Affiliates) and members of their respective families (parents, siblings, children, and spouse and their respective spouses) and/or those residing in the same household (whether related or not) of each of the above are not eligible to win a prize. Void where prohibited or restricted by law.
C) If you have not created a User account and are requesting to participate by any of the alternate FREE methods, you give SHOCKWAVE.COM your permission to create a User account on your behalf for the purposes of your FREE participation.
D) No substitution, transfer or assignment of prizes is permitted. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value.
E) All mailed entries or mailed requests become the property of the Sponsor and will not be returned.
F) If a User discontinues his/her membership any unused Tokens expire and are no longer valid. If the Sponsor terminates your User account for any reason, any unused Tokens expire and are no longer valid.
G) In the event of non-compliance with any of the requirements for the completion and return of an Affidavit/Release, the prize is forfeited and will not be awarded. If prize/prize notification is returned as undeliverable, such prize is forfeited and will not be awarded. Unclaimed prizes will not be awarded.
H) All cash prize amounts are expressed in US dollars and awarded in US dollars by check.
I) All times references are expressed as US Pacific Time. The Sponsor's clock is only Official Clock for the purposes of any times/dates used to execute any of the activities for SHOCKWAVE.COM.
J) Any and all tax liability resulting from a winner's receipt of any prize is the responsibility of the winner.
K) The drawing will be conducted within approximately five (5) business days of the deadline for entry and winners will be notified by e-mail within approximately five (5) business days of the drawing.
L) As required by Canadian law, the Affidavit/Release provided to Canadian residents will include a multi-part mathematical skill question, which must be answered correctly before the individual can be named a verified winner.
M) By accepting the prize, winner releases and holds harmless Sponsor and Sponsor Affiliates and the directors, officers, employees or agents of any of the above organizations from any and all liability and will be held harmless by winner and his/her heirs and executors for any injury including personal injury, death, loss or damages of any kind, arising from participation in or in connection with acceptance, possession, use and/or misuse of any prize or participation or any claims based on right of publicity/right of privacy.
N) Except where prohibited, by accepting prize, the winner grants Sponsor the right to use and publish his/her photograph, likeness, name, city and state of residence and/or likeness for advertising and promotional purposes in any media in connection with the sweepstakes without limitation and without additional compensation.
O) At the conclusion of any given game, sweepstakes or prize winning cycle and the selection or naming of the published winner(s) for that game, sweepstakes or prize winning cycle, Sponsor has the right to modify any rule associated with prize winning activity including but not limited to the number of Tokens exchanged for participation, the number and value of prizes available, the deadlines for entry or participation or at Sponsor's sole discretion, to discontinue, modify or replace any game, sweepstakes or prize winning cycle completely.
P) Sponsor and Sponsor Affiliates are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to participate in site activity or prize winning activity, including any injury or damage to participant's or any other person's computer. Sponsor and Sponsor Affiliates are not responsible for lost, late, stolen, illegible, incomplete, misdirected, damaged or destroyed entries or for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone or computer hardware or software or telephone transmissions or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including, without limitation, the incorrect or inaccurate capture of Token accumulation, Token exchange or entry information online.
Q) Entry material/data and Token accumulation or exchange that has been tampered with or altered is void. If for any reason, (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor or Sponsor Affiliates, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of SHOCKWAVE.COM and/or related prize-winning activity, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the all or any portion of site activity without any obligation to award any further prizes. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF SHOCKWAVE.COM AND/OR THE PRIZE WINNING ACTIVITIES, IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
R) Tokens exchanged for entries, game play or instant wins will be declared made by the authorized account holder of the e-mail address associated with the User's account. "Authorized account holder" is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization (such as a business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The authorized account holder may be required to provide proof of identity. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
S) Tokens can be acquired only according to the posted rules for the various games on SHOCKWAVE.com. Users may use only one (1) type, version or copy of browsing software application at any one (1) time to participate in any prize-winning activity at SHOCKWAVE.COM. The use of machines, computers, scripts or any automated system to participate in any activity at SHOCKWAVE.COM ("Automated Cheats") is strictly prohibited and may result in criminal liability. If in Sponsor's sole determination you have accumulated Tokens through the use of Automated Cheats, or any method not described in the posted rules for various games, Sponsor has the right to invalidate such Tokens and/or terminate your User account and any further access to SHOCKWAVE.COM.
T) A list of prizewinners is posted at Shockwave.com. Additionally, you can request a list of the winners for any given month by sending a self addressed stamped envelope to: Attn: Shockwave Monthly Winners, Defy Media, LLC, 498 7th Avenue, 19th Floor, New York, NY 10018. All requests for winner's lists received by the last calendar day of each month will receive the list of winners for that month.
Sponsor & Adminstrator: Defy Media, LLC, 498 7th Avenue, 19th Floor, New York, NY 10018