Terms & Conditions

Last Updated: 11/10/2016

BoonGames Terms & Conditions

This Terms of Use (ToU) sets forth the terms and conditions under which Boon Games (BoonGames, we, or us) provides you access to, and governs your use of, the website located at boongames.com (the Site), and the BoonGames applications made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT BOONGAMES MAKES FROM TIME TO TIME. If you do not agree to this ToU, you may not use the Site or the Service.

You may not use the Service and you may not accept this ToU if you are not eighteen years of age. If you accept this ToU, you represent that you have the legal capacity to be bound by it. BoonGames may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. The date of last revision of this ToU is included at the top of this page. BoonGames may make changes to the Site and/or the Service at any time. You understand that BoonGames may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

The Services

The BoonGames Site provides certain promotions on the Site (Promotions) for a chance to win amazing experiences (Prizes) and receive other rewards. Participants may enter Promotions through other sites within the BoonGames network or by using BoonGames Free Alternate Methods of Entry if available. No purchase, payment or other financial contribution is necessary to enter or win a Promotion, and any and all Promotions are void where prohibited by law. In addition, if you are registering for or participating in a Promotion, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such Promotion (collectively, Rules). If this ToU conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. BoonGames reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this ToU. In addition, BoonGames may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

Sweepstakes, Contests and Promotions

Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the BoonGames Sites and Features or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof. The Third Party Outlets are in no way associated with the Company’s Promotions.

Number of entries and selection of winners

Each prize offered on BoonGames is linked to a corresponding raffle draw with a pre-defined maximum number of tickets for the draw. The maximum number of entries varies for each prize and can be seen by hovering over the "raffle-o-meter" which is shown in the top left hand corner of the screen. Once the amount of tickets is reach the raffle will be automatically closed and the draw will be scheduled to take place within 7 days. If the total number of tickets is not reached after 180 days then BoonGames reserves the right to cancel the raffle draw and credit the players back the Boon Bucks used.

The winning selection is carried out through software in which all tickets are initially placed in a collection which is then randomly shuffled. Once complete, a random selection is made from the shuffled set to identify the winning ticket.

Winners will be announced on the site following the draw.

Alternative prizes

BoonGames will attempt to deliver any prize won as described however, if, for any circumstances BoonGames is limited in the ability to deliver the prize on offer, then BoonGames reserves the right to offer a cash substitute in place of the prize on offer. BoonGames estimates the cash value of every prize prior to making it available to play for and will allocate any cash prize alternatives based on this estimate. The final cash value to be paid out will always be at the sole discretion of BoonGames

Contacting the winner

BoonGames will attempt to contact the winner of any prize using the email address provided and any other information provided at the time of entry (or as subsequently updated) and held securely in our database. It is the entrant's sole responsibility to check and update these details. entrants must carefully check their contact details have been recorded correctly.

If for any reason, BoonGames is unable to contact a winner within 30 days (which may be extended at the sole discretion of BoonGames) of the end of a prize draw or the winner fails to confirm acceptance of the prize or the winner is disqualified as a result of contravening any of these terms and conditions, the winner will forfeit the prize and it will be awarded to another player through a new selection process. For the avoidance of doubt once the prize has been forfeited the original winner will have no further claims against BoonGames.

Delivery of prizes

Certain prizes are restricted to the dates available for the delivery of the prize and, where applicable, these restrictions are listed under the "More Details" section of the prize. In the case that the dates are listed as "Flexible" then BoonGames will work with the winner to try and deliver the prize on their preferred dates. However, BoonGames reserves to right to restrict the dates of delivery based on 3rd party availability and costs which must fall within the estimated cost of the prize which is pre-determined before the prize is offered.

Void Games

In the event that BoonGames has to close or remove a prize competition early for reasons beyond its control then all entries will be deemed null and void and the player will be refunded with the amount of BoonBucks used to enter the prize draw.

User Conduct

You agree that you will not engage in any activity that interferes with or disrupts the BoonGames Sites and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the BoonGames Sites and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the BoonGames Sites and Features and/or our Services, including, without limitation, any Do's and Don'ts or other guidelines posted on any of the BoonGames Sites and Features. You agree to comply with the instructions set out in any robots.txt file present on the BoonGames Sites and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the BoonGames Sites and Features or our Services in order to:

• access (or attempt to access) any of our Services by any means other than through the interface that we provide;
• share a single Account with any person other than the registered Account holder;
• create and/or use multiple Accounts (i.e. only one Account is permitted per person);
• maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
• submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the Prodege Sites and Features or our Services;
• post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
• post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any BoonGames Sites and Features or on any other web site or application;
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise act in an offensive or objectionable manner;
• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or access to or functionality of the Prodege Sites and Features;
• violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the BoonGames Sites and Features or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• attempt to obtain account information, passwords or other private information from other members;
• improperly use support channels or complaint buttons to make false or frivolous reports to the Company or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
• develop, distribute, make use of, or publicly inform other members of: "auto" software programs, "macro" software programs, web crawlers or other script or "cheat utility" software programs or applications;
• exploit, distribute or publicly inform other members of any error, miscue or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services.
• If we determine in our sole discretion that you have violated these Terms, the Company may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that the Company need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the BoonGames Sites and Features and our Services for any reason, at its sole and absolute discretion.

BoonGames Intellectual Property and Intellectual Property Infringement.

The interfaces, content, arrangement and layout of the Site including, but not limited to, the BoonGames trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (BoonGames Intellectual Property) are the property of BoonGames, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Maltese and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of BoonGames. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any BoonGames Intellectual Property or third party content located on the Site in any manner not expressly permitted under this ToU.

We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice under our Intellectual Property Policy. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Limitation of Liability; Sole and Exclusive Remedy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOONGAMES OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF BOONGAMES AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOONGAMES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED EURO (€100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE.

Indemnification

You agree to defend, indemnify and hold BoonGames, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Site, the Software or the Service, (ii) your breach or alleged breach of this ToU, including, without limitation, a breach or alleged breach of any representation or warranty by you in this ToU; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, the Software or the Service, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through the Service.

Governing Law; Jurisdiction.

This ToU shall be governed by, and will be construed under, the laws of the Malta