PCHQuiz4Cash Terms & Conditions

SECTION ONE - GENERAL INFORMATION

1.1 Terms of Use Binding
Participating in any quizzes offered on PCHQuiz4Cash.com ("the Site") gives rise to a contract by and between PickJam LLC and Publishers Clearing House LLC (collectively, "We," "Us," or "Our") and "You," the user of the Site. You agree to be bound by these Terms of Use ("TOU" or "Agreement"). If You do not agree to be bound by these terms, please do not use Our Site.

1.2 Governing Law and Disputes
This Agreement will be governed and construed in accordance with the laws of the State of Washington, irrespective of any principles of conflicts of law. By participating in any quiz offered on the Site, You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in the city of Seattle in the State of Washington, and You hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement; Modification
This Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between You and Us and cannot be modified by You. This Agreement cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Us. We may modify this Agreement at any time. Your continued use of the Site following such modifications signifies Your acceptance of those modifications. You are responsible for reviewing this Agreement periodically for any such modifications.

1.4 Severability
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1 Eligibility
To participate in any quiz offered on the Site, You must:

1. be a natural person, who is assigned to the e-mail address submitted with Your registration form;
2. be a legal U.S. citizen or resident alien with a U.S. address; and
3. be physically located within the U.S.

2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: Our employees, officers, and directors (and their immediate family members), Our parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any quiz offered on the Site. For purposes of this Section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes
You are subject to all laws of the state in which You reside and from which You access the Site and are solely responsible for obeying those laws. You agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any quiz offered on the Site nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We reserve the right to monitor the location from which You access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. We may require any participant receiving any prize to provide Us with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above. It is Our policy, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.

2.4 Acknowledgment of Proprietary Rights
By participating in any quiz offered on the Site, You acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by Us. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. We neither warrant nor represent that Your use of materials displayed on the Site will not infringe rights of third parties. While We use reasonable efforts to include accurate and up-to-date information, We make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content on the Site. Any communication or material You transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything You transmit or post may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication You send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to You. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Us and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Us or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. You are also advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

2.5 Digital Millennium Copyright Act Compliance
The Digital Millennium Copyright Act of 1998 ("DCMA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Site which allegedly infringes another person's copyright. If You are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

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. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
4. Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that You have a good faith belief that use of the material in the manner complained of 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 You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notification of claimed infringement is: Alex Romeo. Postal Address: 382 Channel Drive, Port Washington, New York, 11050. Email: copyright@pch.com. Phone: (516) 883-5432. Facsimile: (516) 883-5769.

You acknowledge that if You fail to comply with all the requirements of this Section 2.5, Your DMCA notice may not be valid.

2.6 Promotional Activities
By participating in the quizzes, You agree that We may display Your first name, first initial of Your last name, quiz records and any quotation that You are willing to provide to Us about the Site.

By accepting any prize from Us, You agree to allow Us to print, publish, broadcast and use, worldwide, in any media and at any time, Your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation except where prohibited by applicable law.

2.7 Submissions
If You send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to Us, such submissions shall become, and shall remain, the sole property of Us. No submission shall be subject to any obligation of confidence on Our part. We shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to You.

2.8 Information Required
Upon participation, You are required to submit Your first name, last name, age, gender, zip code, and a valid email address. Upon winning cash or prizes, You are required to submit the following additional information: permanent residential address and phone number. In addition, if Your total winnings on the Site in any given year reach $600, We will send You a Form 1099, as required by Internal Revenue Service regulations. It is Your responsibility to file Form 1099 with Your tax return and pay whatever taxes are required by the IRS. Failure to pay such taxes to the IRS is Your responsibility and We will not be responsible for any failure on Your part to pay such taxes.

2.9 Accuracy of Information
You represent and warrant that all information You supply to Us is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of Your participation and forfeiture of any prizes to which You are otherwise entitled.

2.10 Privacy Policy
Your acceptance of any prize from Us constitutes consent for Our disclosure of personal information as described in Section 2.6. We reserve the right to collect general demographic and other market information that does not personally identify You to any person without additional consent. We utilize e-mails to communicate with You, and to let You know of special promotions, events and policy changes. New participants are automatically opted-in to receive all types of Our e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. quiz related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by selecting opt-out in the footer of any email received from Us.

2.11 Limitations on Participation
You may participate on the Site with only one user account. We reserve the right to monitor any effort to establish multiple user accounts; in the event We discover that You have established more than one user account, it will result in the termination of any and all Site participation. We also reserve the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S.

2.12 Abuse
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the use of multiple user accounts, the use of unauthorized or altered software or hardware to assist play, harassment of other participants, posting of objectionable material, any breach of the terms of this Agreement between You and Us, or any breach of the security of the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by Us in Our sole discretion), up to and including participant termination and blocking of Site access. Additionally, all winnings (if any) may be voided in Our sole discretion.

2.13 Claiming a Prize
You may claim a prize, and request a prize check, only if and when the credits to Your account equal or exceed twenty-five US dollars ($25.00). All prizes will be issued by written check from Publishers Clearing House. Check requests are systematically processed by Our accounting department once per month. You will not be eligible to claim a prize for any amount if the credits to Your account are less than $25.00 USD. If Your credit balance is below $25.00 USD, it is Your responsibility to keep playing until the credit balance exceeds $25.00 USD. A five US dollar ($5.00) administration fee will be charged to Your account for any month in which the credit balance is less than $25.00 USD. You are not obligated to pay this amount, but it will reduce the credit balance in your Account.

SECTION THREE - DISCLOSURES

3.1 Odds and Prizes
The distribution of prizes occurs via users spinning of the Mega Wheel. The odds of winning prizes from the Mega Wheel are based on a unique algorithm that analyzes daily user volumes, daily quiz volumes, and daily spins to calculate the prize distribution in any given day. Given the fluid nature of the algorithm, precise odds of winning are therefore unavailable and the odds presented in the Sweepstakes Facts are our best estimate. Prizes are cash amounts, which are mailed via check to winners' physical mailing address, after the user has claimed such winnings in the Account section of the Site.

3.2 Winners Lists
Lists of winners will be posted on the Site immediately following any winnings via the ticker located at the top of each Site page.

3.3 PCHQuiz4Cash Jackpot
The PCHQuiz4Cash Jackpot ("Jackpot") is calculated by using various mathematical formulae. We reserve the right to change or modify these formulae from time to time in Our sole discretion. The exact formula used to determine any Jackpot at any given time is subject to Our sole discretion, and may differ based on certain criteria, including, but not limited to amount of participants versus winnings, and patterns of anomalous play.

SECTION FOUR - LIMITATION ON LIABILITY

4.1 General Disclaimer
BY PARTICIPATING IN ANY QUIZ OFFERED ON THE SITE, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT WE ARE 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 WE ARE 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.

We also assume 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 on 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 We are responsible for, that prevents You from completing a quiz in which You have begun to participate, We will allow users to participate again in a quiz until the participation is complete. We reserve the right to determine, in Our sole discretion, whether We are responsible for any such malfunction or disruption. We also reserve the right to limit Your quiz play or terminate Your participation should We determine, in Our sole discretion, that You have intentionally caused such a malfunction or disruption. We are not liable for any potential winnings from any unfinished quiz.

4.2 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 US HAVE AUTHORITY TO EXTEND SUCH WARRANTIES.

4.3 Winnings by Check
You agree that We are not liable for any loss caused by any unauthorized use of any winnings by check 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 physical mail addresses are provided to Us for the issuance of winnings by check. Any attempt to defraud Us through the use of invalid physical mailing addresses, will result in immediate termination of Your participation, forfeiture of any prizes to which You are otherwise entitled, and civil and/or criminal prosecution.

4.4 Hacking, Tampering, or Unauthorized Access
By participating in any quiz offered on the Site, You agree that We are 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 Our 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 quiz 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.

4.5 Accounts for Individual Use Only
You, as a participant of the Site, are solely responsible for all obligations and (assuming compliance with the Privacy Policy, Official Rules, and Sweepstakes Facts on 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 quiz using Your account. Your participation is not transferable to any other person. By participating in any quiz offered on the Site, You agree to indemnify, defend, and hold Us harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any users participation with Your email address.

4.6 Account Termination
We reserve the right to terminate Your participation, limit or prohibit Your participation in any quiz, for any reason, including but not limited to any Abuse (see Section 2.12) by You. By participating in any quiz offered on the Site, You consent to allow Us to access Your personal information to investigate complaints or other allegations of Abuse. All winnings (if any) may be voided in Our sole discretion.

SECTION FIVE - MISCELLANEOUS

5.1 Miscellaneous
This Agreement constitutes the entire agreement between Us and You 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 this Agreement 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 this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Last updated October 2009