The PROVEIT™ SXSW Leaderboard Challenge (“Leaderboard Challenge”) is made available by Nobel Trivia LLC (“Company,” “we,” “our” or “us”). The Leaderboard Challenge features certain PROVEIT™ games (collectively, the “Games”), made available by and through the PROVEIT™ mobile application (“App”) and, where available, the PROVEIT™ website located at www.playproveit.com (“Site”). These PROVEIT™ SXSW Leaderboard Challenge Rules (“Challenge Rules”) shall incorporate the terms and conditions displayed on the applicable Game pages that apply to each Game that is associated with the Leaderboard Challenge (each, a “Game Page” and together with these Challenge Rules, collectively, the “Rules”), which shall govern your ability to earn Prizes (as defined below) in connection with your participation in the Leaderboard Challenge, as well as applicable Games that you enter as a participant (“Participant”). Capitalized terms that are used but not defined herein shall have the meaning set forth in the PROVEIT™ Mobile Application End-User License Agreement and Website Terms and Conditions (“Terms”).
NOTICE: THE RULES CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE RULES.
Please review the Rules, and all applicable PROVEIT™ Agreements, carefully, prior to participating in the Leaderboard Challenge. If you do not agree to the terms of the Rules, and all applicable PROVEIT™ Agreements, in their respective entirety, you are not authorized to become a Participant in the Leaderboard Challenge.
The Leaderboard Challenge is available only to individuals who are physically located within thirty (30) miles of the Austin, TX city center (the “Challenge Zone”) at the time that they access any Leaderboard Challenge Game(s). Any PROVEIT™ Game(s) that you access while you are outside of the Challenge Zone will not count toward your Leaderboard Score (as defined below).
In addition to the foregoing, the Leaderboard Challenge is available only to individuals who: (a) are US residents of the following states: Alabama, Alaska, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming (collectively, the “Eligible States”); (b) are at least: (i) eighteen (18) years of age, except for residents of: (A) Alabama and Nebraska, who must be nineteen (19) years of age; and (B) Massachusetts, who must be at least twenty-one (21) years of age, at the time that they access the applicable Leaderboard Challenge Game(s); or (ii) the applicable age of majority in their respective jurisdiction at the time of entry, if the age of majority is greater than eighteen (18) years of age in that jurisdiction; (c) can enter into legally binding contracts under applicable law; (d) are not an employee of Company, our affiliates, partners or consultants, nor a member of any such employee’s immediate family (nor living in such employee’s household); and (e) do not have access to any Company information and/or systems in a way that creates, or could create, an unfair advantage in any Leaderboard Challenge Game (collectively, “Eligibility Requirements”).
We track and collect geo-location information from your Mobile Device to verify eligibility, and you must allow the App to access your location, including by enabling and keeping location services running on your Mobile Device, in order to be eligible to participate in the Leaderboard Challenge. If you would like to opt out of having this information tracked and collected, you can disable location access through the settings menu on your Mobile Device, but you will not be eligible to enter the Leaderboard Challenge or receive Prizes if we cannot verify your location. Please note that each time that you log in and participate in a Leaderboard Challenge Game, you are certifying that you are located in the Challenge Zone.
Where you seek to register an Account, you represent to us that you satisfy all Eligibility Requirements and you agree to provide us, upon request, with such documentation as we may require from time-to-time to verify your age, identity and residency status. You acknowledge and agree that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your Account, as well as forfeiture of any applicable Prizes awarded to you, without notice. If you do not satisfy all of the Eligibility Requirements, you may not participate in the Leaderboard Challenge.
In addition to the foregoing, individuals are not permitted to access Leaderboard Challenge Games with a “Jail-Broken Mobile Device.” For purposes of the Agreement, a Jail-Broken Mobile Device is a Mobile Device that runs: (i) Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®; and/or (ii) the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN THE LEADERBOARD CHALLENGE IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT USER’S RESIDENT JURISDICTION.
In order to become a Participant in the Leaderboard Challenge, you must first download certain proprietary software, including the App (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, collectively the “Software”). In order to download the App and associated Software, you must either be a registered User, or submit a registration form by and through the Site and/or App, as applicable. Company reserves the right, in its sole discretion, to deny access to the Leaderboard Challenge to anyone at any time and for any reason, whatsoever. The registration data that you must supply in order to become a registered User, and then a Participant in the Leaderboard Challenge, may include, without limitation, some or all of the following: (a) your full name; (b) your user name and password; (c) your e-mail address; (d) your billing address; (e) your date of birth; (f) your telephone number; (g) your credit and/or debit card information (where that is your preferred Payment Method); (h) your PayPal® account information (where that is your preferred Payment Method); (i) your eCheck account information (where that is your preferred Payment Method); (j) your Social Security Number; (k) your Apple account passcode (where Apple Pay® is the preferred Payment Method); and/or (l) any other information requested by Company on the applicable Form (collectively, “User Registration Data”).
Where a User accesses certain of the PROVEIT™ Offerings using her/his Facebook® account, Company may collect some or all of the following (depending on the User’s Facebook® account settings and the discretion of Facebook®): (i) the User’s e-mail address; (ii) the information listed in the “About Me” section of the User’s Facebook® account; (iii) the “interests” associated with the User’s Facebook® account; (iv) the User’s Facebook® account ID and the “likes” associated with the User’s Facebook® account; and (v) any other information collected via the Facebook® account interface, depending on the User’s Facebook® account settings (collectively, “Facebook® Registration Data,” and together with the Form Registration Data, the “Registration Data”).
If you would like to invite your contacts on Facebook® to play a Game, or the Contacts on your Mobile Device (collectively, “Contacts”), you must grant us access to those Contacts’ information. This information is only used by us to invite your Contacts to use the PROVEIT™ Offerings at your suggestion and/or to join you in a Game. This access to your Contacts is voluntary and not required. You may play Random Opponents (as defined below) and participate in Games without granting us this access to your Contacts.
Only one Account may be established for each individual person. Any attempt to register for more than one Account may result in immediate Account termination, suspension from the Leaderboard Challenge and forfeiture and refund of any Prizes awarded.
COMPANY IS NOT RESPONSIBLE FOR ATTEMPTED LEADERBOARD CHALLENGE, GAME AND/OR ACCOUNT REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A GAME. IF YOU FAIL TO ENTER THE LEADERBOARD CHALLENGE INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS A GAME ASSOCIATED WITH THE LEADERBOARD CHALLENGE, THE SITE AND/OR APP, AS APPLICABLE, FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THE LEADERBOARD CHALLENGE.
Users should set personal limits regarding Entry Fees in Games associated with the Leaderboard Challenge, and ensure that they are engaging in responsible Game-playing behavior. Users shall be permitted to establish monthly Entry Fee limits by using the applicable Account settings or using the methods set forth in the “Contact Us” section in the Terms (“Monthly Cap”). Where a User has established a Monthly Cap, that User shall not be able to submit an Entry Fee for any Game where such Entry Fee would cause that User to exceed the Monthly Cap.
If, at any point, a User becomes concerned about the amount of money spent on Entry Fees in the Games associated with the Leaderboard Challenge, or otherwise, she/he should cease further participation in the Games. In addition, that User can contact us (using the methods set forth in the “Contact Us” section in the Terms) and request to be self-excluded for one (1) year, five (5) years or permanently.
Once a User self-excludes, we will block her/his Account. Any new Accounts she/he attempts to open during the applicable period of self-exclusion will also be blocked as soon as they are detected. In addition, we will take all reasonable measures to make sure that the User does not receive any promotional material during this time.
Finally, Company reserves the right to exclude a User from the Leaderboard Challenge in Company’s sole discretion if Company determines there is a reasonable risk that the User is not using the Games responsibly and that User refuses to self-restrict or self-exclude.
The Leaderboard Challenge shall commence on March 8, 2018 at 12:00am Coordinated Universal Time (“UTC”) and shall end on March 16, 2018 at !2:00am UTC (the “Challenge Period”).
(a) The Leaderboard Challenge Games are contests of skill between and among registered Participants. This means that the results of each Game are determined by the knowledge of the Participants and their ability to answer certain trivia questions (“Questions”) accurately in the shortest amount of time.
(b) The Leaderboard Challenge Games are all head-to-head Games (“H2H Game”). Each Game shall be subject to the applicable terms set forth on the Game Page, and may include certain specific terms, conditions and restrictions including, without limitation: (i) the minimum/maximum number of Participants; (ii) the applicable Entry Fee, Game Prize (as defined below) amount, and number of winners; and (iii) the applicable Game duration. Each Game shall have a limited number of openings, and Participants will be accepted on a first come, first served basis. All Games shall be posted by and through the Site and App as they become available for participation.
(c) The winners of all applicable Games shall win prizes, which consist of cash, Brainbux™, Bonus Money or other valuable consideration, as applicable, which are established in advance and set forth on the applicable Game Page prior to the beginning of the subject Game (“Game Prizes”). Game Prizes consisting of cash, Brainbux™ and/or Bonus Money, as applicable, will be awarded by crediting the winner’s PROVEIT Account, in kind, within a reasonable period of time after completion of the applicable Game.
IT IS PROHIBITED FOR TWO (2) OR MORE PARTICIPANTS TO COLLABORATE OR ADOPT A STRATEGY, BEFORE OR DURING THE LEADERSHIP CHALLENGE OR A GAME, AS APPLICABLE, IN ORDER TO GAIN AN ADVANTAGE OVER, AND/OR TO DISADVANTAGE, OTHER PARTICIPANTS. WITHOUT LIMITING THE FOREGOING, PARTICIPANTS ARE PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES:
Without limiting the foregoing, you may not, under any circumstances, take screen shots of any App/Site page including, screen shots associated with the Leaderboard Challenge or a Game associated with the Leaderboard Challenge.
A Participant may initiate an H2H Game (an “Initiating Participant”) by challenging a “Friend Opponent” (one of the Initiating Participant’s Contacts on the App, on designated Social Media Websites and/or on the Initiating Participant’s Mobile Device) or by allowing the App to match the Initiating Participant against a random Participant as an opponent (a “Random Opponent”). The selection of the Random Opponent will be based on the subject matter and Entry Fee of the Game. After the Initiating Participant, initiates an H2H Game against either a Friend Opponent or Random Opponent (each, an “Opponent”), that Participant will be taken into the Game play screen, where the Participant will agree to the Entry Fee and the Game Prize amount, at which point the Participant’s Account will be debited the amount of the Entry Fee. In an H2H Game involving a Random Opponent, the Initiating Opponent and the Random Opponent will play though their respective portions of the H2H Game by answering the applicable Questions, as timed by the App. Once both the Initiating Participant and the Random Opponent complete their respective portions of the H2H Game, the App will notify them of the results. In an H2H Game involving a Friend Opponent, the Initiating Participant will play through her/his entire portion of the H2H Game immediately upon initiating the challenge. The App will then notify the Friend Opponent of the pending challenge from the Initiating Participant. The Friend Opponent will have twenty-four (24) hours from the time that the notification is sent to either accept or reject the challenge. If the Friend Opponent rejects the challenge, the Entry Fee for that H2H Game will be refunded to the Initiating Participant’s Account, unless the Initiating Participant chooses to send the challenge to another Friend Opponent, in which case, the aforementioned process shall begin again. If the Friend Opponent accepts the challenge, the Friend Opponent will then play through her/his entire portion of the H2H Game which will contain the identical Questions in the same order as that of the Initiating Participant’s H2H Game. The App will not disclose to the Friend Opponent the Initiating Participant’s score prior to the Friend Opponent completing the entire H2H Game. Once the Friend Opponent completes her/his portion of the H2H Game, the App will notify both the Initiating Participant and the Friend Opponent of the results. If a Friend Opponent allows the twenty-four (24)-hours acceptance period to expire, causing a passive rejection, then the Initiating Participant will have the option to send the challenge to a new opponent or cancel the challenge and have the Entry Fee refunded to her or his Account.
Each Game consists of a number of Questions in a given subject matter. The Participant with the highest score at the conclusion of the applicable Game (“Score”) shall be deemed the winner; provided, however, that a Participant must answer at least five (5) Questions correctly (where it is a ten (10) Question Game) in order to win the applicable Game, and in cases where no Participant has answered five (5) Questions correctly (where it is a ten (10) Question Game), the Game shall be deemed a draw and the Entry Fees associated with same will be refunded to each Participant. The Score for each Participant shall be comprised of a “Base Score” and a “Time Bonus.” The Base Score shall be an amount equal to the total number of Questions answered correctly within the allotted time limit, multiplied by the value assigned to each correct answer. The Time Bonus shall be an amount equal to a set number of points for each second remaining from the total allotted time after the subject Question is answered correctly. In the event that each Participant in a given Game finishes with the same Score, the tying Participants will split the Game Prize for which they qualify. The standard number of Questions is ten (10); provided, that, certain Games shall have a different number of Questions as set forth on the applicable Game Pages.
DETERMINATIONS OF CORRECT ANSWERS TO THE QUESTIONS, BASE SCORES, TIME BONUSES, TOTAL SCORES AND THE RESULTS OF EACH GAME, SHALL BE MADE BY COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION, AND SHALL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
At the conclusion of an H2H Game (that has been completed and not cancelled for insufficient correct answers), Participants will have the option to “Go Double,” which gives either Participant the option to re-challenge the Opponent to another H2H Game in the same subject for double the Entry Fee and double the Game Prize of the original H2H Game. If a Go Double request is rejected by either Participant, the results of the original H2H Game remain in effect.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE FOR ATTEMPTED GAME ENTRIES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED GAME. IF YOU FAIL TO COMPLETE OR ENTER A GAME INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE AND/OR APP, AS APPLICABLE, FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT GAME AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.
During the Challenge Period, Company will maintain a regularly updated leaderboard of Participants with the highest Challenge Scores, as defined below (“Leaderboard”). Each Participant who meets the Eligibility Requirements and plays any H2H Game(s) during the Challenge Period, while physically located in the Challenge Zone during the entire duration of the applicable H2H Game(s) (collectively, “Qualifying Games”), will receive a Challenge Score. Each Participant’s “Challenge Score” shall equal the average Score that such Participant receives in all Qualifying Games, plus two (2) points for each Qualifying Game that such Participant wins. Only Qualifying Games shall count when calculating a Participant’s Challenge Score. At the conclusion of the Challenge Period, the top one hundred (100) Challenge Scores on the Leaderboard shall receive a cash prize that will be awarded according to the chart below (each, a “Challenge Prize,” and together with the Game Prizes, the “Prizes”).
|Leaderboard Position||Challenge Prize|
DETERMINATIONS AS TO BOTH COMPLIANCE WITH THE ELIGIBILITY REQUIREMENTS AND CALCULATIONS REGARDING CHALLENGE SCORES SHALL BE MADE BY COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION, AND SHALL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
(a) In order to enter a Game, you must have enough money in your Account to pay the entry fee required to enter the applicable Game (“Entry Fee”); provided, however, that you may be able to enter certain Games with Brainbux™ and/or Bonus Money. You can enter as many Games as you want, provided that you have sufficient funds (or Brainbux™ and/or Bonus Money, where applicable) in your Account for the applicable Entry Fees. The Entry Fee for each Game shall be set forth on the subject Game Page. The Entry Fee for Games will be charged to your Account. If the balance in your Account is insufficient to cover the applicable Entry Fee, you will be offered the opportunity to deposit sufficient funds into your Account in order to cover the Entry Fee, or pay the applicable Entry Fee directly using your Payment Method. If the balance in your Account is insufficient to cover the applicable Entry Fee and you previously signed-up for the “auto-charge” option, your Payment Method will be automatically charged the applicable Entry Fee upon your entry into the subject Game. Where you sign-up for the auto-charge option, you acknowledge and agree that Company will not obtain any additional authorization from you when charging your Payment Method for Entry Fees that exceed the balance in your Account. Every time that you register for a Game, you re-affirm that Company is authorized to charge your Payment Method the applicable Entry Fee. If you initiate an H2H Game and your opponent does not accept the Game within twenty-four (24) hours of initiation, you will have the option to challenge another opponent using the same Entry Fee and Game results or to have the Entry Fee refunded to your Account. If we cancel a Game before it starts or if you withdraw from an MPT Game more than one (1) hour before it is scheduled to start, the Entry Fee will be refunded to your Account. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, ALL ENTRY FEES ARE NON-REFUNDABLE.
(b) The Entry Fee and Prize amounts are quoted in U.S. Dollars (or Brainbux™ and/or Bonus Money, where applicable) and are payable in U.S. Dollars. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued participation in the Games after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(c) Company’s authorization to bill for Account deposits and Entry Fees is obtained by way of your electronic signature. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
To be eligible to receive a Prize, you may be required to provide Company with additional documentation and/or information to verify your identity and provide proof that all Eligibility Requirements are met including, but not limited to, a driver's license, proof of residence and/or any information relating to payment/deposit accounts as reasonably requested by Company in order to complete the payment process. Failure to comply with the above requirements may result in disqualification and forfeiture of any Prizes.
Your Account balance will be tracked by virtual accounting and will be adjusted to reflect any Entry Fees paid and any Prizes deposited. You must promptly notify us of any changes to the credit and/or debit card account number associated with your Payment Method, its expiration date and/or billing address, or if that credit or debit card expires or is canceled for any reason. We may impose dollar amount limitations on the Apple Pay®, PayPal®, credit card and/or debit card transactions that you use to fund your Account. Any attempt to defraud through the use of any Payment Method, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Prizes and pursuit of civil litigation and/or criminal prosecution. Withdrawals can be initiated through your “Settings, Account History” on the App provided, however, that Bonus Money (as defined below), as well as certain bonus Prizes, registration bonuses and other free money giveaways, as offered by Company from time-to-time, may be subject to certain withdrawal restrictions. The minimum amount for a withdrawal request is Twenty Dollars ($20.00) (“Withdrawal Threshold”), and you will be unable to withdraw funds unless your Account balance is equal to or exceeds Twenty Dollars ($20.00) (excluding un-played Bonus Money); provided, however, that where you terminate your Account, you will be able to withdraw any and all amounts remaining in your Account, including any balance below the Withdrawal Threshold. Once approved, withdrawals may be paid, in the Company’s sole discretion, via check, credit to the Payment Method, electronic transfer (including Automated Clearing House, or “ACH”), prepaid debit card or other means which the Company deems reasonable; provided, that, Company reserves the right to process a withdrawal to the User’s Payment Method up to the amount of the original deposit, with any remaining amount to be paid via check or electronic transfer. Processing of withdrawal requests may take up to ten (10) business days, or up to ninety (90) business days in the case of suspected fraud or other abuses of the App.
You are solely responsible for determining what, if any, income, sales, use or other taxes, duties, levies or charges (collectively, “Taxes”) apply to any Prizes and other consideration that you receive, and for remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. Company cannot provide you with legal or tax advice, so please check with your tax advisor about any applicable Taxes. In the event that a governmental authority requires Company to pay any Taxes attributable to you, you agree to indemnify and reimburse Company for such Taxes and all costs and expenses related thereto (including attorneys’ fees). All participants who win amounts which require any type of governmental reporting, including to the United States Internal Revenue Service, must provide Company with all information required for such reporting. Most often this occurs when a Participant has net winnings over the fiscal year (ending December 31) which total more than Six Hundred Dollars ($600.00). In such cases, a 1099-MISC must be filed which requires that Participant’s full name, current address and Social Security Number.
From time to time, Company may run promotions and/or offer Games which may entitle Participants to receive “Bonus Money.” Bonus Money is not withdrawable and may only be used to pay Entry Fees for Games. The applicable portion of the Bonus Money that is available for use in connection with each Entry Fee is subject to the published Bonus Money terms applicable at the time the Bonus Money was earned. For example, for certain Bonus Money awards, only four percent (4%) of an Entry Fee may be paid for using such Bonus Money, with the remainder of the Entry Fee payable in real U.S. Dollars. Any winnings that are the result of a Game for which the Entry Fee was paid with Bonus Money are credited to the winner’s Account in real U.S. Dollars. Company reserves the right to reclaim Bonus Money if a Participant has not used her/his Bonus Money, in its entirety, to pay for one or more Entry Fees within forty-five (45) days of receipt of same. Please note that Bonus Money has no monetary or other value outside of its use for Entry Fees in subsequent Games, and cannot be exchanged for cash, products and/or merchandise.Brainbux™ The Company may, from time-to-time, run promotions and/or offer Games which may entitle Participants to receive “Brainbux™.” Users may be able to exchange Brainbux™ for a variety of in-App and/or Game-related features, including some or all of the following: (a) unlocking hidden Game categories; (b) obtaining a VIP seat in an MPT Game that is otherwise full; (c) purchasing a Brainbux™ multiplier; (d) establishing a Brain Trust; (e) purchasing Badges, avatars, insignias or other virtual accessories; (f) satisfying Entry Fee requirements for certain sponsored MPT Games; and (g) any other features, accessories and/or other items made available by Company from time-to-time in its sole discretion. Please note that Brainbux™ have no monetary or other value outside of its use in the App and in connection with certain Games, and cannot be exchanged for cash, products and/or merchandise.
Cheating, Fraud and Abuse. In accessing or participating in the Leaderboard Challenge, any applicable Game or using the App, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Leaderboard Challenge and/or any applicable Game, including the App and associated Software. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Leaderboard Challenge, any applicable Game and/or using the App and associated Software including, but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain Games to achieve competitive advantage, Collusion with other Participants, obtaining answers to Questions from another person or any other source, deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other Participants, breach of the Agreement, breach of security of the subject Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (a) immediate Account termination and blocking of access to the PROVEIT™ Offerings; (b) any Prizes that the applicable User may otherwise have been entitled to receive shall be void and forfeited; and (c) any Prizes received by the applicable User shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering or similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against any User and/or any co-conspirators arising out of or related to the commission of Abuse including, without limitation, recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
Hacking, Tampering or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other Participant's Account, interfere with procedures or performance of the Leaderboard Challenge, any applicable Games, the App, Software and/or the Site, or deliberately damage or undermine the the Leaderboard Challenge, any applicable Games, App and/or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of Prizes. You agree that you will not attempt to modify, alter, or tamper with the location settings of your Mobile Device for any reason, or otherwise attempt to falsify your physical location through your Mobile Device. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the PROVEIT™ Offerings or your Account.
Reporting Prohibited Conduct. You may report prohibited conduct by forwarding all evidence of abuse to whatup@playPROVEIT.com. All such evidence and your message become our property and we may use them for our purposes hereunder. Please report responsibly.
At all times when participating in the Leaderboard Challenge, participating in any applicable Game, receiving any Prize or using any of the other Company Offerings, you hereby represent and warrant the following (collectively, “Warranties”): (a) you are a natural person (not a corporation or other entity); (b) you reside in an Eligible State and, for Games associated with the Leaderboard Challenge, are currently physically located in the Challenge Zone; (c) you are over the age of eighteen (18), or nineteen (19) years of age for residents of Alabama and Nebraska, twenty-one (21) years of age for residents of Massachusetts, or the applicable age of majority in your jurisdiction, if the age of majority is greater than eighteen (18) years of age; (d) you are not subject to backup withholding tax because: (i) you are exempt from backup withholding; (ii) you have not been notified by the Internal Revenue Service (“IRS”) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the IRS has notified you that you are no longer subject to backup withholding; (e) you are the owner and authorized account holder for any Payment Method that you use in connection with the Games; (f) you can enter into legally binding contracts under applicable law; (h) you are not an employee of Company, its affiliates, partners or consultants, nor a member of any such employee’s immediate family (nor living in such employee’s household); and (i) you do not have access to any Company information and/or systems in a way that creates, or could create, an unfair advantage in any Game.
If Company, in its sole, exclusive and non-reviewable discretion, determines that you breached any Warranty, engaged in any Prohibited Conduct or otherwise engaged in any conduct that is dishonest, illicit, improper, unfair or otherwise damaging to Company and/or any Company Offerings, Company may, in addition to any other rights that Company may have at law or in equity: (a) disqualify you from the Leaderboard Challenge and/or any applicable Game; (b) refuse to award you Prizes, awards, Brainbux™ and/or Bonus Money; (c) revoke and require the return of any Prizes, awards, Brainbux™ and/or Bonus Money; (d) terminate your Account; and/or (e) report your activity to law enforcement.
By entering the Leaderboard Challenge and/or any applicable Game, you consent to the use of your name, voice, likeness and photograph (“User Information”) by Company for any and all commercial and non-commercial purposes. Such purposes shall include, but not be limited to, inclusion of your User Information in marketing and promotional material, such as website publications, print advertisements (“ads”), online ads, television ads, radio ads and interactive media, as well as printed extracts and reproductions of any portion thereof, in connection with the exploitation, marketing, advertising, promotion and publicity of Company, the Leaderboard Challenge and/or any PROVEIT™ Offerings. Without limiting the foregoing, other than for residents of the State of Tennessee and where otherwise prohibited by law, if you win a Game, you agree to participate in reasonable Company publicity, advertising and promotional activities.
Users that possess the requisite technology may have the opportunity to record video and/or take pictures depicting Games that such Users won (collectively, “Victory Videos”) and post those Victory Videos to such Users’ Social Media Website accounts and/or in other online venues. Each User who posts a Victory Video hereby irrevocably grants to Company, for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all Victory Videos, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“ads”), online ads, ads and other promotions appearing on Company’s Social Media Pages and other Social Media Websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses. Each User who posts a Victory Video represents and warrants to Company that: (a) such User is the only person depicted in the Victory Video; (b) such User has all of the rights and authority necessary to submit the Victory Video for the uses contemplated hereunder, including the right to publish the Victory Video; and (c) the publication of the Victory Video by such User, as well as Company as contemplated hereunder, will not infringe upon or violate the rights of any third-party. Each User who posts a Victory Video understands and agrees that: (i) the Victory Video, in whole or in part, may be edited and/or dramatized, and that any part of the Victory Video may be used without compensation to such User; and (ii) no Ad or other material incorporating or making reference to the Victory Video need be submitted to such User for approval and Company shall be without liability to such User for any distortion or illusionary effect resulting from its publication of the Victory Video. Each User who posts a Victory Video expressly: (A) releases Company from any and all claims that such User has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject Victory Video, or any other use of the subject Victory Video whatsoever; and (B) acknowledges and agrees that Company shall not be liable for any causes of action or claims related to the applicable User’s decision to provide the Victory Video to Company.
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party related to or arising out of: (a) your improper activity in connection with the Leaderboard Challenge and/or any applicable Game; (b) your breach of the Rules or any other PROVEIT™ Agreement; (c) any dispute between you and any other Participants, Users and/or third-parties; (d) any claim that Company owes any taxes in connection with your participation in the Leaderboard Challenge and/or any applicable Game; (e) your Victory Videos; and/or (f) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Company makes no guarantee as to the availability of the Site, App and associated Software, and does not guarantee that the PROVEIT™ Offerings, including the Leaderboard Challenge and/or associated Games will be accessible at all times. Company is not responsible for delays, disruptions, malfunctions and/or other technical interruptions that may affect the Leaderboard Challenge and/or any Game play including, without limitation, problems with Mobile Devices, computer systems, telephone carriers, or Internet service providers or the quality of coverage, strength of signal, delays or outages in service. Service outages and/or the inability to access the Leaderboard Challenge and/or other PROVEIT™ Offerings may occur for many reasons. You acknowledge and agree that Company shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages, including if an outage occurs during the Leaderboard Challenge and/or any applicable Game. If, for any reason, a Game is not able to run as originally planned, including: (a) where there is any error, malfunction or other technical issue associated with the Questions and associated answers; (b) where any potential Prize award notification is displayed, distributed and/or otherwise delivered to your Account in error in connection with any Game, any prospective Game, any beta version/test Game that was made available to you in error or otherwise under any circumstances (collectively, “Game Errors”); then (c) Company reserves the right to cancel, terminate or modify any such Game, associated Score and associated Challenge Score.
Company reserves that right to cancel and/or invalidate any Games, associated Scores and/or associated Challenge Scores (and rescind associated Prizes) in its sole discretion, for any reason and without restriction. These reasons may include, without limitation: (a) where Company believes that, due to problems with the Company Offerings or due to events affecting Leaderboard Challenge and/or any applicable Games, there would be a negative impact on the integrity of Leaderboard Challenge and the applicable Game(s); (b) where Company determines, in its sole and absolute discretion, that such cancellation is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Leaderboard Challenge error and/or Games in any way; (c) in the case of any Leaderboard Challenge and/or Game Error; and/or (d) for purposes of preventing abusive, fraudulent, unfair or potentially unlawful activity on the part of any Participant and/or third-party, or in the event that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful activity. Entry Fees for Games that we cancel will be refunded to Participant Accounts.
Company may modify the Rules, in its sole discretion, by posting amended Rules on the Site and in the App, or by sending an e-mail to the e-mail addresses associated with registered Users. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Prizes and/or Bonus Money that are/is pending, or that have/has already been awarded, as of the date of the modification or termination notice, as applicable. If any such modification is unacceptable to you, your only recourse is to cease participating as a Leaderboard Challenge Participant.