NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
THIS CONTEST IS OFFERED ONLY IN THE 50 STATES OF THE U.S. AND WASHINGTON, D.C. AND CANADA (EXCLUDING QUEBEC), 17 YEARS OF AGE OR OLDER. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW
- INTRODUCTION
a. The Swagbucks Daily Trivia contest (the “Contest”) is sponsored by Prodege, LLC dba Swagbucks (“Sponsor”; mailing address below). The Contest is not sponsored, endorsed, administered by, or associated with any third party, including, without limitation, Apple Inc., Google, LLC nor any of their subsidiaries or affiliates.
b. By registering and playing the Contest, you agree that your participation and any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with Sponsor’s Privacy Policy (located at https://www.swagbucks.com/privacy-policy) and its Terms of Use (located at https://www.swagbucks.com/terms-of-use), and may be shared with Sponsor’s affiliated business entities. All information that you may submit on or through the Swagbucks Daily Trivia Application becomes the property of Sponsor.
c. Sponsor expressly reserves the right to adjust the manner of presentation of the Contest questions or answers to any participants, or disqualify any Contest entries or Winners (defined below), when Sponsor believes in good faith that any participant may be violating these Official Rules or Prodege’s Terms of Use and/or Privacy Policy. Such violations, include, without limitation, using two (2) or more devices to play a Game or engaging with the Contest through unnatural human behavior, or using automated bots or scripts, OCR readers, or other unfair technological means. Such actions and behavior will lead to automatic disqualification of your Contest entry and may lead to the deactivation of your Swagbucks.com account. - ELIGIBILITY. The Contest is open only to permanent legal residents of the 50 United States and Washington, D.C. (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) and Canada (excluding the province of Quebec) who are physically located and residing therein and who warrant and represent that they meet all of the following requirements as of the time their entry into the Contest is deemed complete: (a) they are 17 years of age or older; (b) they own a mobile device capable of operating the latest version of the Swagbucks Daily Trivia mobile application on either Android or iOS (the “Swagbucks Daily Trivia Application of App”); (c) they have Internet access; (d) they possess a social security number or federal tax identification number issued by the appropriate government agency at time of entry; and (e) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Rules. Except for operational testing and quality assurance, employees of Sponsor and its or their parent companies and/or affiliates, as well as those involved in the development, handling, production, implementation and distribution of the Contest, and their advertising or promotion agencies, parent companies, agents, officers, employees, licensees, subsidiaries or affiliates, service providers, prize suppliers, or any other persons/entities directly associated with the Contest (collectively “Contest Entities”) and/or members of their immediate families and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
- ENTRY PERIOD. Each individual Contest (each a “Game”) consists of a pre-determined number of trivia questions intended for entrants to answer. Entrants must join the Contest through the Swagbucks Daily Trivia Application on no more than one (1) supported device at a start time (the “Start Time”) determined by Sponsor in its sole discretion. Each Game will end when all the sponsor-determined trivia questions have been answered by the then-eligible entrants within the time permitted. Best commercial efforts shall be made to announce each Game’s Start Time via push notification, on the App and/or on the Sponsor’s blog, homepage, Facebook wall or other forums; however, it is each potential entrant’s sole responsibility to know the Start Time of the next Game and to join the Contest no later than the Start Time. All matters related to timing and time keeping shall be based on Sponsor’s servers and Sponsor’s discretion. Sponsor reserves the right to determine all matters relating to timing and scheduling.
- HOW TO ENTER AND PLAY. No purchase or payment is necessary to participate in the Contest. Enter and participate in the Contest by completing each of the following steps (or any additional steps that may be posted or otherwise provided to you by Sponsor):
a. Download and Register/Log-In: (i) Download or open the Swagbucks Daily Trivia Application via the Apple Store or Google Play Store on your mobile device (or by any other method made available by Sponsor e.g. desktop portal); (ii) Either sign in with your existing Swagbucks.com login credentials or, if you do not have a Swagbucks.com account, create an account in the Swagbucks Daily Trivia Application (this will serve as your login for both Swagbucks Daily Trivia and on Swagbucks.com). Entrants with a pre-existing Swagbucks.com account must use their pre-existing Swagbucks.com account. Only one Swagbucks Daily Trivia account and one Swagbucks Daily Trivia-enabled device is permitted per person. All Swagbucks Daily Trivia entrants must verify and register their mobile phone if they have not already done so. Verification consists of entering a code that you will receive by SMS to your designated mobile phone device into the applicable code-verification screen in the Swagbucks Daily Trivia Application. Standard text message charges may apply from your wireless provider, depending on your text message plan.
b. Entering a Game: Prior to the Start Time of the Game, you will be notified as to when the next Game begins; provided that you grant permission to receive notifications on your device. Prior to the designated Start Time, launch the Swagbucks Daily Trivia Application and leave it open to be automatically entered into the then-current live Game. If you are an entrant in a Game and you have not been disqualified from winning the Grand Prize but you exit the Game for any reason, you must re-enter the Game before the next question has been presented or you will be disqualified from winning the applicable Grand Prize; however, you may continue to answer questions for a chance to win Secondary Prizes (if any).
c. Playing a Game: While playing the Game, you will have a sponsor-determined unit of time to answer each question. If you get the answer right, you will move on to the next question “round”. If you get the answer wrong, you will be eliminated for the remainder of the Game unless you use a “Chance”, defined as a Sponsor-granted opportunity to re-enter a Game for a chance to win the Grand Prize after an entrant incorrectly answers a question You must affirmatively activate the Chance based on the criteria set by the Sponsor prior to the next consecutive question. A Chance may be activated based on several sponsor-determined criteria, including, without limitation, redeeming a Sponsor-specified amount of SB (i.e. points) available in your Swagbucks Daily Trivia-linked Swagbucks.com account at the time the Chance is offered. Questions may get progressively more difficult. - PRIZES. There are two (2) types of prizes (“Prizes”) that entrants may win: the Grand Prize and the Secondary Prize.
a. Grand Prize: One (1) or more Winner(s) of each Game will receive a grand prize (the “Grand Prize”). The Grand Prize consists of a Sponsor-determined amount of SB (defined below); subject to Sponsor’s Game and Prize compliance verifications. The value of each Game’s Grand Prize depends on several factors including, without limitation, the number of eligible Contest entrants, the number of first-time Swagbucks Daily Trivia entrants, the number of Winner(s), the number of new entrant referrals made by prior-existing entrants, and any roll-over Grand Prizes not awarded in prior Games. All Winners will split the Grand Prize equally in the case of multiple Winner(s). The Winner(s) of a Game (each a “Winner”) are those entrants remaining at the end of each Game who correctly answered each of the Game questions without being disqualified. Entrants who redeemed one or more Chances and thereafter completed the Game by correctly answering all the remaining Game questions shall be treated as Winners as well. Only Winners are eligible to earn a Grand Prize.
b. Secondary Prize: Entrants may have an opportunity to earn one (1) or more secondary prize(s) (“Secondary Prizes”) even if such entrant is disqualified from winning the Grand Prize. Secondary Prizes consist of a Sponsor-determined amount of SB that are awarded to each entrant of the Game after correctly answering a sponsor-determined question. The value of the Secondary Prizes will be aggregated during the Game and the total Secondary Prize value won by an entrant must be affirmatively claimed at the end of each Game or else the Secondary Prize will be forfeited.
c. Prizes Generally: The proportional value of the earned Grand Prize and all claimed Secondary Prizes will be added to each entrant’s Swagbucks Daily Trivia-linked Swagbucks.com account. Prizes will be awarded in the form of SB. “SB” are points that have an approximate retail value of $0.01 USD. SB may be redeemed for cash or gift cards in the Swagbucks.com Rewards Store located at http://www.swagbucks.com/rewards-store. In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Official Rules. The Sponsor does not guarantee that the Prizes can be made available. The Prizes are not assignable and not transferable and no substitutions are permitted. In addition, if the Prizes are unable to be fulfilled to any Winner due to any applicable law, rule or regulation, or if such Winner cannot claim the Prize(s) for any reason, then Sponsor reserves the right to not award the Prize(s) at all. The Prize winners shall be responsible and liable for all federal, state and local taxes arising out of the value of the Prize(s). Each potential Winner must be a registered member in good standing with Swagbucks.com at all relevant times, including, without limitation, at the time of their entry into the applicable Game of the Contest. - PRIZE SELECTION. The Contest and all Prizes will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. The Winner(s) of the Grand Prize and the entrants who win Secondary Prizes will be notified in the Swagbucks Daily Trivia Application, on Swagbucks.com and/or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. If an entrant is found to be ineligible for a Prize or Game, Sponsor may, at its option and sole discretion, choose not to award the Prize to such entrant.
- GENERAL CONDITIONS AND RELEASES.
a. Notice to all extra-jurisdictional entrants: It is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize (as defined below). If you win a Prize and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
b. Notice to all entrants (including international): By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, an entrant who wins a Prize may be required to execute and return (and winning may be conditioned upon the executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. Such entrant may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Entrants may also be required to furnish proof of identity, address and birth date in order to receive a Prize.Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the entrant’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. An entrant or Winner may be disqualified from the Contest if he or she fails to comply with any provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in the Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with the Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. This Contest shall be governed by California law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute arising from or relating to this Contest shall be determined by binding arbitration in accordance with the arbitration terms set forth in our Terms of Use . Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
SPONSOR: Prodege, LLC, 8605 Santa Monica Blvd, PMB 36227, West Hollywood, California 90069-4109; Attention: Customer Service