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Terms and Conditions

Introduction

Hello and Welcome to It's My Chance!
By using ItsMyChance.com you agree to the following terms and conditions with It's My Chance, LLC and the general principles for the websites of our subsidiaries and international affiliates.
This Agreement is effective on March 16, 2013 for current users and upon acceptance for new users.

Scope

Before you may become a member of It's My Chance, you must read and accept all of the terms in, and linked to, this Terms and Conditions Agreement and the It's My Chance Privacy Policy. We strongly recommend that, as you read this Terms and Conditions Agreement, you also access and read the linked information. By accepting this Terms and Conditions Agreement, you agree that this Terms and Conditions Agreement and Privacy Policy will apply whenever you use the It's My Chance site or services, or when you use the tools we make available to interact with the It's My Chance site and services. If you use another It's My Chance site, you agree to accept the Terms and Conditions Agreement and Privacy Policy applicable to that site. Some It's My Chance sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Usage of It's My Chance

While using It's My Chance site, services and tools you will not:

  • post content or items in an inappropriate category or areas on our sites and services
  • violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies
  • use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity
  • fail to deliver items won from you, unless the winner fails to claim the prize
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to It's My Chance)
  • transfer your It's My Chance account (including feedback) and User ID to another party without our consent
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes
  • distribute viruses or any other technologies that may harm It's My Chance, or the interests or property of It's My Chance users
  • export or re-export any It's My Chance tools except in compliance with the export control laws of any relevant jurisdictions
  • copy, modify or distribute rights or content from the It's My Chance's sites, service or tools or It's My Chance's copyrights and trademarks
  • harvest or otherwise collect information about users, including email addresses, without their consent.
  • create a bot, robot, spider or other automated process and use it on It’s My Chance’s site or services to attempt to cheat at a game or have an automated process play a game on your behalf

Refund

Purchases of ticket(s) are final. In the case that a game is not played by its deadline as noted when the ticket is purchased or by a new deadline that may have been set by extending the deadline period, the purchaser will receive an equal value credit to their It's My Chance account which can be applied toward another game.

Limitation of Liability

You will not hold It's My Chance responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. Our sites are venues to allow anyone to offer, sell, and win just about anything, at anytime, from anywhere, by playing a variety of different games. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, or that a winner or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the winner. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the terms under the It's My Chance Players Protection Policy.

Players

Anyone age 18 years of age or older can purchase tickets to play a game except any owners, employees, employees spouse, employees childred, employees parents or employees siblings, whether by blood or marriage, employees spouses' childred, employees spouses' parents or employees spouses' siblings, whether by blood or marriage of It's My Chance, LLC or any of its subsidiaries or the owner, spounse, or children whether by blood or marriage of the item being played for.
Only the purchaser of the ticket is permitted to play the game the ticket was purchased for. No substitue players will be allowed. If a substitue player is used the player will be disqualified and no refund will be given for the tickets purchased.

Winning

The winner of the game will be the player with the highest score on the End Date for the prize that is being played for. If a game has a seperatly defined set of rules explaining how the winner is determined, then those rules will apply. There can only be one grand prize winner per game. A winner may be disqualified from the game if it is found that the winner was in violation of any of the Terms and Conditions contained within this document or any other terms of It's My Chance. In the case where a winner is disqualified, It's My Chance will make a determination as to whether to re-run the game or award the prize to the next closest player who did not get disqualified. Each prize category has a minimum waiting period that each winning player must wait before they can play to win in the same category again.

Ends on Date

The "Ends on " date is established when the item is listed on ItsMyChance.com. This date reflects the estimated date by which enough tickets would have been sold to fully fund the item. An item is fully funded once the sum of all tickets sold for the item is at least the amount needed to pay for the item. This included the listing price and any fees that may be associated with the listing and hosting of the item on ItsMyChance.com. If on the Ends On date not enough tickets have been sold then the date may be extended out until enough ticket have been sold.

Listing Content

Once you submit an item which may include but not be limited to text, photos, videos, etc, you grant It's My Chance a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. In addition, you agree that any photos or videos you upload to ItsMyChance.com, you have the legal right to do so and that no personal information is included in these photos or videos. It's My Chance retains the right not to display or use any photos or videos that they feel is inappropriate or misrepresents the item.

Listing Conditions

By listing an item on It's My Chance, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on It's My Chance, your listing will be posted on It's My Chance and can be viewed under your account profile. Your listing does not get immediately approved, and can take up to 2 business days before it is reviewed and made active and searchable and shows up in the available list of prizes that can be won.  It's My Chance retains the right to decline an item from being listed if it does not conform to the acceptable items allowed or until changes have been made to the listing so it meets with the standards for a listing. After being active your listing appears in the search and browse results and may be based on certain factors including listing format, title, bidding activity, end time, keywords, and price. You further agree that you are either the legal owner of the item you are listing on It's My Chance or that you are legally permitted to sell the item.  Once the item has been listed on It's My Chance you agree that the item will not be sold, given away or otherwise become unavailable to the winner of the game on It's My Chance. At the time ownership is transfered to the winner, you agree to satisfy any liens against the item and deliver the item to the winner free and clear.

Release

If you have a dispute with one or more users (players, owners of assets or other users), you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Legal Disputes

If a dispute arises between you and It's My Chance, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and It's My Chance agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Connecticut as they apply to agreements entered into and to be performed entirely within Connecticut between Connecticut residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against It's My Chance must be resolved exclusively by a state or federal court located in New Haven County, Connecticut, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New Haven County, Connecticut for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All claims you bring against It's My Chance must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, It's My Chance may recover attorneys' fees and costs up to $1000, provided that It's My Chance has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Notices

Except as explicitly stated otherwise, legal notices shall be served on It's My Chance's national registered agent (in the case of It's My Chance) or to the email address you provide to It's My Chance during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the email using the email address on your account. This Agreement may not be otherwise amended except in writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 I have read and agree to the Terms and Conditions above

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