"*Residents of Georgia will receive an alternate non-cash prize of equivalent value in the amounts listed aboves in lieu of cash prizes."

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6.3 Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem the Grand Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute Grand Prize with a cash award of comparable or greater value.  Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.  All prize details are at Sponsor’s sole discretion. Grand Prize winner is responsible for all travel costs and expenses associated with use of Grand Prize.

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7, RIGHT TO CANCEL OR MODIFY TOURNAMENT OR SCHEDULE 

7.1. Sponsor reserves the right in its sole discretion and for any reason to modify the game rules or schedule for the Tournament.  In the event of any change prior to the start of the Tournament, we will refund your registration fee if such request is received prior to the start of the Tournament.  Refund requests can be emailed to us at Contact@Allin4israel.net.  If your refund request is accepted, your seat in the Tournament will be forfeited and you will not be permitted to participate.  In the event of changes made after the Tournament has begun, or refund requests received after the Tournament has begun, no refund will be permitted. 

7.2.  Sponsor also reserves the right to cancel the Tournament.  In the event of cancelation prior to the start of the Tournament, all registration fees will be refunded. Should any portion of the Tournament be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or for any other reason require premature cancelation of the Tournament after it has begun, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Tournament and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect participants based on then current game status or as otherwise deemed fair and appropriate by Sponsor.

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8, CHAT POLICY

The platform permits in-game chat among participants.  We strive to maintain a friendly and pleasant atmosphere for all participants.  While we cannot be held responsible for the conduct of any participant, we reserve the right to disqualify any participant whom we determine in our sole discretion has violated these Terms.  These Terms prohibit: 

1. Collusion with another participant of any sort or any other form of cheating;

2. Agreeing to take any action when there is another member all-in;

3. Telling anyone your down cards before a hand is complete;

4. Needlessly stalling the action in a game;

5. Making statements that could unfairly influence the action in a game (e.g., telling another participant that s/he has played the hand incorrectly or coaching another participant on what s/he should do next);

6. Chatting in any language other than English during game play (subject to trivial exceptions); 

7. Insulting, threatening, harassing or in any other way abusing another participant;

8. Using profanity or obscene language;

9. Engaging in racist, homophobic, derogatory or other hateful speech directed toward any racial, religious, ethnic or other group or individual; 

10. Engaging in any political or partisan speech or argument (support for Israel should not be politicized!); and

11. Advertising or promoting websites or other commercial services or commercial or nonprofit organizations. 

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9. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OR OUR LICENSORS, OR OUR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES AND OFFICERS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, OR TO PARTICIPATE IN THE TOURNAMENT, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR PARTICIPATION IN THE TOURNAMENT.  YOU FURTHER AGREE THAT RELEASED PARTIES WILL HAVE NO LIABILITY, AND SHALL BE HELD HARMLESS AGAINST, ALL INJURIES, LOSS OR DAMAGE OF ANY KIND, INCLUDING DEATH, TO PERSONS OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE (INCLUDING ANY TRAVEL OR OTHER ACTIVITY RELATED THERETO) OR FROM PARTICIPATION IN THE TOURNAMENT.  
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  EACH PARTICIPANT SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
 

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10. SOLE REMEDY

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF YOUR REGISTRATION OR PARTICIPATION (OR ATTEMPT TO REGISTER OR TO PARTICIPATE) IN THE TOURNAMENT, OR USE OF THE SITE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR RETURN OF THE ENTRY FEE YOU PAID TO REGISTER (IF ANY)

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11. INDEMNITY 

You agree to defend, indemnify and hold harmless the Released Parties from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) your violation of these Terms; (d) your violation of any applicable laws or regulations to which you are subject; or (e) your violation of any rights of a third party or service provider.

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12. GENERAL CONDITIONS

The Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider, website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Tournament, including, without limitation, errors or difficulties which may occur in connection with the administration of the Tournament or gameplay, the processing of registration entries, the announcement of the prizes or in any Tournament-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by other participants or Site users, tampering, hacking or by any equipment or programming associated with or utilized in the Tournament.  Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Tournament or downloading materials from or use of the Site.  Persons who tamper with or abuse any aspect of the Tournament or Site or who are in violation of these Terms, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  Each winner, by acceptance of the prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media (including digital media) now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the participant and must comply with these Terms.  Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DAMAGE THE SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

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13. GOVERNING LAW AND JUDICIAL FORUM

These Terms, your participation of the Tournament and our entire relationship will be interpreted in accordance with and governed by the laws of New York without regard to conflict- or choice-of-law principles.  In the event that the agreement to arbitrate is found not to apply to you or your claim, you and we agree that any judicial proceeding, if brought by you, may only be brought in a small claims court in the city or county in which you are located, and, if brought by us, only in a small claims court in New York, New York.  Both you and we consent to venue and personal jurisdiction in those courts. Notwithstanding the foregoing, you and we may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Section 14 below, (ii) to enforce an arbitral award issued thereunder, or (iii) for temporary injunctive relief pursuant to Section 14.6.

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14. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

PLEASE READ THIS SECTION 14 CAREFULLY BECAUSE IT REQUIRES YOU AND WE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER.

 

By agreeing to these Terms, you and we agree that any and all past, present and future disputes, claims or causes of action between you and Sponsor arising out of or relating to these Terms or the Tournament, including any such dispute involving any of Sponsor's licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this Section 14, (collectively, “Dispute(s)”) will be governed by the procedure outlined below.  You and we further agree that any arbitration pursuant to this Section 14 shall not proceed as a class, group or representative action.
 

14.1 We Both Agree To Arbitrate.  By agreeing to these Terms, and to the extent permitted by applicable law, you and we each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.

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14.2 Arbitration Procedures and Fees.  You and we agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules").  Those rules are available at www.jamsadr.com.  Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference.  JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected).  You and we further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, NY, or, at either your or our election, will be conducted telephonically or via other remote electronic means.  The JAMS Rules will govern payment of all arbitration fees.  The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.  Except as and to the extent otherwise may be required or expressly permitted by law, the arbitration proceeding and any award shall be confidential.  

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14.3 Appeal.  If either party is awarded monetary relief in excess of the amount of that party’s entry fee or injunctive or equitable relief of any kind, such award may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.

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14.4 Batch Arbitration.  To increase efficiency of resolution, in the event 25 or more similar arbitration demands, presented by or with the assistance of the same law firm or organization or group of law firms or organizations acting together, are submitted to JAMS in accordance with the rules described above within a 30-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Rules by (a) grouping the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch.  For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with JAMS Rules.  You agree to cooperate in good faith with Sponsor and JAMS to implement such a batch approach to resolution and fees.  

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14.5 Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY.  IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.  NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS 14.4 OR 14.5 ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE ENTIRETY OF THIS SECTION 14 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY’S ELECTION.

 

14.6 Exceptions to Agreement to Arbitrate for Temporary Relief.  Notwithstanding the other provisions of this Section 14, either you or we may bring an action in a court authorized by Section 13 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.

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15. WINNERS’ LIST 

For the names of the winners (available after March 10, 2024), send a self-addressed stamped envelope for receipt not later than September 28, 2024, to: ALL IN FOR ISRAEL PROMOTION, 1954 Airport Rd., Unit #757, Atlanta, GA 30341, USA.

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16. SPONSOR:

American Friends of Yeshiva Gedola Matisyahu, 2833 Smith Avenue #403, Baltimore, MD 21209.