Mafia Wars

Overall, 2009 was a great year for Mafia Wars. And although we experienced some issues towards the end of the year, we were able to fix most of the bugs while prepping many of the exciting features that promises to make 2010 a banner year for Mafia Wars. Some of the features we have in store for you in the coming months:

New Years Job: We're heading into 2010 in exciting fashion with a featured job starting December 28th and running through January 4th. This featured job will give you even more options than before including choosing different missions with different payouts.

Release of new city - Bangkok: Originally slated to debut in December 2009, Bangkok will finally make its premiere in January 2010. We intentionally delayed Bangkok to fine-tune it for an improved game experience.

Multi-item gifting: We're making it easier for you to make your mafia stronger by providing multi-item gifting.

Translations: For our many international players, we will be adding translations of Mafia Wars in many different languages in addition to our current offering.

Robbing: We heard you loud and clear, we're bringing back robbing in a new and improved format.

In addition to features, we are also enhancing community outreach through various initiatives:

Developers Days: A series of intimate meetups between players and Mafia product team members where idea generation and candid conversations can take place.

Exclusive Betas: Preview, testing, and feedback of features by users before full release.

Weekly Giveaways, Rewards, Contests: Bigger and better giveaways, contests, and rewards.

Thank you very much for supporting Mafia Wars and making it the best game on the web. We feel very lucky and fortunate to have you as players and feel humbled to be building features for you all.

Have a happy holidays and a wonderful new year!

On behalf of the Mafia Wars Team,
Justin, General Manager

Terms and Conditions of Contest

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Welcome to Zynga's Mafia Wars Bangkok Boss Video Contest ("Contest"). We hope that you will enjoy this Contest. Zynga Game Network Inc.("Provider") makes this Contest, including all information, files, text, graphics, software, and audio/visual files (collectively, the "Materials") available for your use subject to the Terms and Conditions (“Terms”) set forth below as well as the Terms of Service for the Game.

1. Acceptance of Terms and Conditions.

By participating in this Contest, you accept and agree to all terms, conditions and notices contained or referenced in the Contest materials ("Terms "). Please read the following Terms carefully. If you do not agree to the Terms, do not participate in this Contest. By accessing, using, or downloading in any way, without limitation, any Materials from this Contest or merely browsing this Contest, you agree to and are bound by these.

Provider reserves the right to change the Terms at any time, without prior notice to any Contest Entrant ("Entrant"). If Provider makes what it considers to be material changes to the Terms, it will post a notice on its web site or the Mafia Wars application on the pertinent networks, which will run for seven (14) consecutive calendar days following the new effective date. If you breach any of the Terms, your authorization to play this Contest automatically terminates.

2. Eligibility.

The Contest is open to United States citizens who are eighteen (18) years of age and older as of November 13, 2009, and in all countries and jurisdictions where the event is permissible by law or regulation. CONTEST IS VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, U.S. MILITARY INSTALLATIONS IN FOREIGN COUNTRIES AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE RESTRICTED OR PROHIBITED BY LAW.

Directors, officers, employees, contractors, agents or representatives of Provider and/or its affiliate companies, and their suppliers, as well as the immediate family of the employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as the employees, whether related or not, are not eligible. The Contest is subject to all applicable federal, provincial, and local laws and regulations and is void where prohibited or restricted by law.

3. How to Enter.

The Contest begins at 5:00PM Pacific Standard Time ("PST") on November 13, 2009, and ends at 7:00PM PST on November 23, 2009 ("Promotional Period"). During the Promotional Period, you may enter by sharing your video submissions with OfficialMafiaWars on YouTube.

Any form of entry other than those described herein is void. All entries, regardless of the method of entry, become the property of the Provider and will not be returned. A maximum one (1) entry Per Person or Per Account shall be awarded during the Promotional Period, regardless of method of entry.

4. Selection of winning videos

All eligible entries received by Provider during the Promotional Period will be placed into one pool for review. The winning submission will be announced on December 4, 2009. Provider shall decide the winners in its sole discretion and such decisions are final and binding in all respects. No entrant shall have the right to contest any decision by Provider concerning any aspect of the Contest or the interpretation of these Terms and Conditions or the determination as to the qualification of entries.

Provider will contact the winners within three (3) days of the announcement via email at either the entrant’s social network account, their Youtube account. It is the Entrant’s responsibility to keep his/her account current. Entrant has the responsibility to respond to an email notification within 14 days of the time it is sent. Failure to respond within 14 days will indicate definitively that the participation in the contest has been declined for all time and an alternative winner may be selected by Provider.

5. Odds of Winning.

The odds of winning will depend on the total number of eligible entries received during the Promotional Period.

6. Prizes

The winning submission will receive 1000 Godfather points for use in Mafia Wars. The second place submission will receive 500 Godfather points. And the third place submission will receive 250 Godfather Points.

7. Prize Restrictions.

No cash equivalents of the Prizes identified herein, or substitution in the prizes, will be allowed except in the sole discretion of the Provider.

Provider reserves the right to require Prize winners to submit to, and cooperate fully in, a background check to confirm eligibility and to help ensure that the use or involvement in any way of any such person in advertising or publicity for the contest will not bring the Provider into disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or the Provider, as determined by the Provider in its sole discretion. Provider reserves the right to refuse to award a Prize, in whole or in part, to any person where that person's background check reveals information that is unacceptable to the Provider, in the Provider's sole discretion. If Provider refuses to award a prize upon this basis, the Prize in question will be awarded to the next highest submission that is eligible.

When a potential winner accepts a physical prize, he/she will receive written confirmation via FedEx or similar means, and must complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9, all of which must be returned within five (5) days from the Prize notification date or it will be concluded definitively that the Prize has been declined and, without further notice, be deemed forfeit. In the event of non-compliance with these Terms and Conditions, or if a prize is unclaimed or returned as undeliverable, the prize in question will be awarded to the next highest placing entrant who is eligible.

8. Name of First Place Winner.

To obtain the name of the First Place Winner, any person may mail a self-addressed, stamped envelope after December 21, 2009 to: Bangkok Boss Contest, Mafia Wars, Zynga Game Network Inc., 444 De Haro Street, Suite 132, San Francisco, California 94107. Requests must be received no later than March 21, 2010.

9. Publicity.

Except where prohibited by law, by entering the Contest, as a condition of participating in this Contest, entrant agrees to allow Provider and its designees to use entrant's name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.

ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A FINALIST AND/OR A WINNER, ENTRANT'S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT'S NAME ON A WINNER'S LIST. BY ENTERING THIS CONTEST, ENTRANT ACKNOWLEDGES AND AGREES THAT ENTRANT AS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF USE.

10. Intellectual Property Rights.

A. Copyright Information and Personal & Non-Commercial Use Limitation.

Entrants may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Entrants are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement. Provider is under no obligation to use any submission.
All Materials and the compilation of all content included on this Contest are owned or licensed by Provider and protected by United States and international copyright laws. Copyright © 2009 Zynga Game Network Inc. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Materials subject to these Terms. Unless otherwise specified, the Materials on this Contest are for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider.

B. Ideas and Inventions.

All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Provider in connection with the use of this Contest shall be the exclusive property of Provider. Entrant agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to Entrant

C. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this Contest in a way that may constitute copyright infringement, you may provide notice of your claim to Provider's Designated Agent listed below. For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Contest;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Provider's Designated Agent is:
Zynga Game Network Inc.
Attn: DMCA Agent
444 De Haro Street, Suite 132
San Francisco, California 94107

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Contest. All other inquires to the Designated Agent will not be answered.

D. Trademarks.

Provider owns trademarks for its many goods and services, including without limitation, ZYGNA and the associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing in connection with the Contest are the property of their respective owners.

11. Privacy and Protection of Personal Information.

Please see Provider's Privacy Policy http://www.zynga.com/privacyPolicy/for general guidelines relating to the collection and use of your information. Contest specific rules may be found in Sections 7, 8 and 9 of these Terms. Entrant acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Entrant's personally identifiable information, is incorporated and made part of these Terms and Conditions. If Entrant does not agree to each and every part of Provider's Privacy Policy, then Entrant should not participate in the Contest or submit any personally identifiable information through this Contest.

Questions regarding privacy issues should be directed to Provider via web at http://zynga.com/support.

12. Disclaimer of Warranties and Limitation of Liability.

Entrant expressly agrees that participation in the Contest and use of Provider’s Services and Materials is at Entrant's sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively "Providers"), or the like, warrant that any websites or applications affiliated with Providers, including but not limited to this Contest, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information and services provided through this Contest may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Contest or as to the accuracy, reliability, or currency of any information content or service provided through the Contest.

A. Disclaimer of Warranties.

THIS CONTEST IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTEST, SECURITY OF THE CONTEST, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE CONTEST, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS CONTEST. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTEST IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability.

PROVIDER AND PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CONTEST OR ANY RELATED SERVICES. THE OPERATION OF THE CONTEST MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER AND PROVIDERS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS CONTEST OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER AND/OR HARRAHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS CONTEST OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE CONTEST.

If you are dissatisfied with any portion of the Contest, your sole and exclusive remedy is to discontinue your use of this Contest.

13. Third Party Links.

This Contest is an application provided through various social network platforms. The networks and other third party advertisers are not under the control of Provider, and the existence of a link on the Contest does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked sites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked sites. Entrant agrees that Provider has no responsibility to Entrant with respect to such material. Provider encourages you to examine the privacy policies and/or terms of use policies of any third party site.

14. Online Conduct.

The Entrant agrees to use the Contest only for lawful purposes. Unacceptable uses of the Contest include without limitation:
i) inclusion any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
ii) inclusion profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
iii) defamation, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv) promotion of violence or describe how to perform a violent act
v) violations of the the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
vi) violations of these Terms or the game rules of conduct (collectively "Content Restrictions").

c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud or mislead Zynga and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of Zynga’s support services or submit false reports of abuse or misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise harm, in Zynga's opinion, Zynga and/or the Service;
viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Zynga on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
xi) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) cover or obscure any notice, banner or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
xviii) sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
xix) engage in cheating or any other activity deemed by Zynga to be in conflict with the spirit or intent of the Service.

15. Termination.

These Terms and Conditions are effective until terminated by either party. Entrant may terminate these terms at any time by discontinuing use of the Contest. Entrant's access to the Contest may be terminated immediately without notice from Provider if in our sole discretion Entrant fails to comply with any term or provision of these Terms and Conditions.

16. International Entrants.

Access to this Contest from locations where this Contest or any of its Materials are illegal is prohibited. If you access this Contest, you are responsible for compliance with all local and/or international laws.

17. Security.

If you play this Contest, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Contest, including e-mail address, credit card number, and other payment related information. Entrant agrees to accept responsibility for all activities that occur under Entrant's Account. Provider cannot and will not be held liable for any loss or damage arising from Entrant's failure to comply with this section.

Provider reserves the right to monitor all network traffic to this Contest to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Contest in any fashion. Anyone using this Contest expressly consents to such monitoring.

18. Dispute Resolution.

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Zynga agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Zynga Game Network Inc., 444 DeHaro St., Suite 132, San Francisco CA 94107, ATTENTION: LEGAL DEPARTMENT.

Binding Arbitration. If you and Zynga are unable to resolve a Dispute through informal negotiations, either you or Zynga may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Zynga will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Zynga may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Restrictions. You and Zynga agree that any arbitration shall be limited to the Dispute between Zynga and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. You and Zynga agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Zynga’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
19. Applicable Law/Jurisdiction.

By visiting the Contest, even if accessed from a location outside the United States, Entrant agrees that the laws of the State of California will govern these disclaimers, Terms and Conditions, or Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Contest and these disclaimers, Terms and Conditions, and Privacy Policy at any time. Entrant hereby irrevocably and unconditionally consents to jurisdiction in the State of California.

20. Waiver/Severability.

The failure of Provider to require or enforce strict performance by Entrant of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.

21. Statue of Limitations.

Entrant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Contest, Terms and Conditions, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

22. Entire Agreement.

These Terms and Conditions constitute the entire agreement between the Entrant and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions or Privacy Policy will be effective only if in writing and signed by Provider.

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Date Last Modified: November 13, 2009.
These Terms and Conditions may be changed at any time, without prior notice.