Terms and Conditions

PLEASE READ THEM CAREFULLY
AND BE SURE YOU UNDERSTAND BEFORE PROCEEDING.

1. Agreement: These terms and conditions constitute a legally binding agreement between you, the player or visitor, and SpaceShot, Inc. (SpaceShot). By clicking the "Accept" icon, you are affirming that you fully understand and will comply with all of Space Shot's terms and conditions. This includes game rules, instructions, policies, limited liability and warranty, and other guidance, as they now exist and as they may be updated from time to time. Terms and Conditions apply to all visitors whether or not you actually register or play on our site; and you must agree to them in order to play here. This Agreement is made, and will be governed by and construed according to the laws of the United States of America and the State of Texas, as appropriate. In the event of litigation arising from your visitation to or use of this site, you acknowledge the exclusive jurisdiction of the courts of Texas.

2. Who May Play : Who May Play : Anyone may visit the site and play in the SpaceShot Free-play mode (FreeSpaceShot.com). With the exception of the parties named below, any legally competent adult may register, set up an account and play in the SpaceShot Money-play mode. You are solely and exclusively responsible for complying with the applicable laws where you reside, concerning gaming, the age of majority, legal competence, currency exchange, and taxes. Connecting or playing illegally on the SpaceShot web site may be cause for terminating your account.

a. Entertainment only: Play on SpaceShot is for private amusement only and any other use of the site, including side wagers, is specifically and expressly forbidden.

b. Exceptions: Employees and consultants of SpaceShot and its affiliates, including their immediate family members are not eligible to play, and persons under the age of 18, are not eligible to play in the Money Play mode.

3. Registration and Account: To play on the SpaceShot page you must register and open an account with SpaceShot. Only individual persons may open accounts. A Money-play mode account account may only be used by the person to whom it is registered. Allowing anyone else to use your account is cause for immediate termination. SpaceShot in its sole discretion may terminate the account of any player if the registrant's name does not match the name on the credit card or other instrument offered for account deposit.

a. User name and ID: We will issue you a user name and ID code. You must not allow anyone else to know them or use them. Violation is cause for terminating your account without notice. If your user name or ID is lost, stolen, or compromised, you must contact Customer Support immediately.

b. Privacy: When registering on our site, it is your responsibility to provide accurate information and to keep it current. Giving false or misleading information is cause for terminating your account.

i. Personal information: Your personal information, such as name and address will be required to allow you to use credit cards and similar instruments to deposit with us. Your personal information will be stored and safeguarded with the same measures and encryption we use for our own.

ii. Participatory data: we will keep track of your patterns and history of play in order to present you with new games and promotions tailored to your preferences, and to protect you and other players against intrusion and fraud. This information will also be safeguarded by us. We recommend you keep records of your game transaction receipts as well.

iii. Email: we may keep the text of your email communications with us, and may notify you of tournaments, promotions, and other matters of interest to you. We may keep various opt-in mailing lists that we send emails to from time to time.

c. Security: To protect you and the other players, SpaceShot may ask you at any time to confirm your identity and verify your financial transactions. You therefore authorize SpaceShot and its agents to make any necessary inquiries, including credit reports, contacting third parties, and database searches. You further agree to provide any necessary proof of your identity, especially when receiving prizes. Failure to cooperate with security inquiries, including necessary authorizations, is grounds for terminating your account.

d. Funds: Participation in Money-play mode requires a deposit of bona fide funds in your account via a method authorized by SpaceShot. Funds are not insured and no interest will be paid. Deposits shall be no more than the amount required for one or more tournament entries at the desired level(s). All deposits are non-refundable and may not be withdrawn without SpaceShot’s permission. Deposits shall be only in those currencies authorized by SpaceShot.

i. Bonuses: SpaceShot may, from time to time at its sole discretion, credit your account with complementary or bonus entries as part of promotions. These may only be used to play on the SpaceShot web site. In order to utilize any of these bonuses in your account, you must first comply with the terms of the respective promotional offer(s). If bonus entries are not used within the specified time, SpaceShot may withdraw them from your account.

ii. Prizes: Funds may be awarded as prizes or co-prizes with other goods or services.

(1) SpaceShot, at it sole discretion, may withhold and report any amount required by law from your winnings.

(2) SpaceShot will send any applicable payments to you as quickly as we can. Your funds may be sent to you by credit card, check, wire, or in any other suitable manner as determined by SpaceShot at its sole discretion.

e. Processors: SpaceShot uses third party payment processors to handle its financial transactions. By transferring funds to your SpaceShot account, you irrevocably authorize SpaceShot to instruct the processors to handle cash processing transactions (both deposits and payments, as applicable) on your behalf from your account. Transactions are subject to the processors’ respective terms and conditions, but if there is a conflict between them and this Agreement, then this Agreement is controlling.

4. Limitation of Liability and Warranty: These limits shall apply to any and all applicable legal theories of recovery or causes of action.

a. No Warranty: SpaceShot makes no warranty, express or implied, as to the fitness for use of any of its services, including, without limitation, compatibility with user computers, browsers, or other software; or merchantability.

b. Interruptions and Interference: Site service are available on an “as-is, as available” basis. SpaceShot will not be liable for interruption or partial interruption of services to players or visitors, interception of data, or other malfunctions including those caused by failure of service from any cause. SpaceShot will not be liable for damage to your computer, server, software, peripherals of other equipment by viruses, worms, Trojan horses, Denial of Service attacks or other invasive and disruptive programs or measures by any party whatsoever, traceable to your accessing our site.

c. No Third Party Liability: In no circumstances whatsoever will SpaceShot be liable to any third parties for any harm, damage, or loss traceable to or associated with its provision of services via its web page.

d. Release: By participating in the tournament and/or receiving prizes, you and every other participant releases SpaceShot and its sponsors, and each of their employees, from any and all liability for any loss, damage, injury, breach of warranty or other harm arising from or related to the use of the prize; this includes the hazards of space flight, known and unknown. Separate and comprehensive release from liability will be required to participate in actual space flight.

e. Limitation of Remedy: Remedy will be available only to players with accounts using the Money-Play mode.

i. Your remedies, if any will be limited to damages directly and proximately caused by reasonable reliance on the services provided by this site, not to exceed an amount equal to that deposited during the calendar month the incident in question occurred.

ii. No Consequential Damages: In no event whatsoever will SpaceShot be liable to you or any third party for any consequential, indirect, or special damages of any description arising from your visitation to or use of our site; including but not limited to, lost profits, loss of privacy, failure of duty including good-faith; whether or not arising from SpaceShot’s breach of terms, fault, tort, negligence, or strict liability.

5. Indemnification: If your access to and use of our site ( including, without limitation: entering the site, playing games, accepting prizes, or violating the Terms and Conditions) causes any damage, loss, or gives rise to liability or claim against SpaceShot by third parties, you will be required to hold harmless and indemnify SpaceShot against those damages, losses or claims.

6. Basics Rules of Using the Space-Shot Site

a. Grand Prizes:

i. Each Tournament Grand Prize will be one of the following as selected by the player irrevocably for that account at registration:

(1) a seat on and around the Moon flight and $50 million

(2) a seat on an orbital space flight and $10 million

(3) a seat on a suborbital spaceflight and $100,000 scholarship

(4) a seat on a zero-g flight and $2,250

(5) a $300,000 scholarship or $300,000 if graduated from college

ii. Winning a Tournament is not an automatic guarantee of a seat (or seats) on board a craft. Inclusion in the flight is subject to each individual winners’ proof of satisfactory physical condition for such flight, and completion of pre-flight training as prescribed by SpaceShot.

iii. In the event that a given winner cannot participate in such a flight, through medical or personal reasons prior to the award of a ticket, the winners agree to accept the alternative prize instead:

(1) $50 million cash in lieu of flight around the Moon

(2) $10 million cash in lieu of orbital flight

(3) $100,000 in lieu of suborbital flight

(4) $2,000 in lieu of zero-G flight

iv. In the event of tickets not being commercially available, winners agree to accept the alternative prize of:

(1) $100 million cash in lieu of flight around the Moon

(2) $20 million cash in lieu of orbital flight

(3) $200,000 in lieu of suborbital flight

(4) $3,750 in lieu of zero-G flight

v. We may award scholarships with restrictions on use limited to educational purposes. If a winner of a scholarship is a college graduate, winners agree to accept the alternative award of the value of the scholarship in cash.

b. SpaceShot control: SpaceShot may, at its sole discretion, with or without notice:

i. Change or cancel any game offered on its site;

ii. Alter or modify its procedures for "matching" players in multiplayer mode, either Free-play or Money-play;

iii. Terminate the participation of any player in any game or the use of site services by any player or visitor.

iv. In the event of technical difficulties with the game, SpaceShot reserves the right to provide a new play in the event that it is unable to reconstruct plays.

v. Add or remove levels from the tournament.

vi. SpaceShot shall incur no liability for any such changes.

c. Conduct of visitors and players: When using the site services, including comment areas, chat rooms and multiplayer games, you agree to observe basic standards of courtesy. Abusive, indecent or disruptive language or messaging is cause for removal from the site and termination of your account.

d. Controlling results: If there is any conflict between game results displayed on your computer and those on SpaceShot's servers and monitors, the results held by SpaceShot will be final and binding.

e. Disputes: If the results are still in dispute, or for any other conflict between you and SpaceShot, you agree to submit to binding arbitration in the State of Texas.

f. Cheating and other misconduct: SpaceShot, at its sole and exclusive discretion, may invalidate the results of any transaction and immediately invalidate all remaining unused plays and withdraw all balances for all accounts (including processor accounts) for any of these reasons:

i. Cheating or collusive playing with another player or players;

ii. Chargeback or otherwise attempting to invalidate properly made entries or purchases on the SpaceShot web site.

iii. SpaceShot reserves the right to publicize the identity of anyone attempting to cheat or defraud SpaceShot or other players.

g. Non-use and abandonment: If for any reason you do not use your account for a period of more than 180 days; SpaceShot will attempt to contact you and determine if you wish to continue with us. If we cannot contact you, your account will be deemed abandoned and any remaining entries will be withdrawn and your username and ID invalidated.

7. General Provisions

a. You may not transfer or assign any of your rights under these Terms.

b. If SpaceShot should forbear to exercise any of its rights or powers under these Terms, that does not mean SpaceShot has waived them, and they continue in force.

c. If a court of competent jurisdiction should find any provision in these Terms to be invalid, that item will be deleted but the rest of the Terms remain in force. SpaceShot, however, at its sole and exclusive discretion, may consider the loss of a particular provision or provisions to have made the agreement unenforceable or incapable of performance. In that case this agreement between SpaceShot and the player or players in question automatically terminates forthwith.

d. These terms are the complete and final agreement between you and SpaceShot; they supersede and override all previous agreements or understandings about using SpaceShot's services and web page.

8. Specific Game Rules

a. Players predict the high and low temperature, the total precipitation and average humidity for Central Park, New York City, New York for the succeeding midnight to midnight eastern time.

b. Players at the same level are matched based on not playing oneself and time of prediction.

c. National Weather Service data will be used to resolve predictions. SpaceShot will use preliminary data that will not be revised. If SpaceShot determines that the integrity of the data is unsatisfactory, then we reserve the right to cancel the day's matches and declare some or all such matches tied.

d. In the event satisfactory data is not available to resolve predictions, SpaceShot reserves the right to declare some or all of the plays for a day ties.

d. Players with closer predictions than their bracketmate will get a new unused play at the next higher level. Players that win the grand prize of their competition do not also receive a play at the next higher level.

e. Plays are resolved by which player is closest on high temperature. If tied which player is closest on low temperature. If still tied which player is closest on precipitation in hundredths of an inch. If still tied, which player is closest on percent humidity.

I have read and understood the above terms and conditions and I agree to abide by them.

You must click "I Agree" to continue your registration