THE MILLION DOLLAR GAME, LLC
OFFICIAL RULES ARE EFFECTIVE AS OF OCTOBER 1ST, 2020
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. YOU MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. YOU REPRESENT AND WARRANT THAT BEFORE SUBMITTING ANY ENTRY INTO THE GAME, YOU HAVE REVIEWED AND ACCEPTED THESE OFFICIAL RULES IN THEIR ENTIRETY AND AGREED TO PARTICIPATE.
1. The Million Dollar Game (the “Game”) is intended for legal residents of the United States of America and shall only be construed and evaluated according to U.S. law. Do not play this Game if you are not located in the USA at the time of entry. Residents of the States of New York and Florida are not eligible to participate.
3. ELIGIBILITY: The Game is open to legal U.S. residents residing in the fifty (50) United States (including the District of Columbia), except residents of Florida and New York, who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Sponsor, Administrator, their respective affiliated entities, and each of their respective parent companies, employees, shareholders, officers, directors, members, managers, partners, joint venturers, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, members of their immediate families (defined as including spouse, biological, adoptive and step parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above, heirs, beneficiaries, trustees, and the respective successors and assigns of each of the foregoing (including, without limitation, collectively, the “Released Parties”) are NOT eligible to participate in this Game. Non-eligibility or non compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law. Void with respect to any person treated as an individual within the European Union or the European Economic Area for the purposes of the General Data Protection Regulation 2016/679 (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below). Entry in the Game does not constitute entry into any other promotion, contest or Game.
4. AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Game. Winning Prizes (as defined below) is contingent upon fulfilling all requirements set forth herein.
5. WAYS TO PLAY: The Sponsor’s app is the official platform for playing the Game.
5.1. All required information must be provided to play and to be eligible to win. Incomplete entries will be disqualified. Released Parties and Sponsor are not responsible for: late, incomplete, incorrect, delayed,
garbled, undelivered, misdirected, postage-due entries or mail. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Game and for other purposes as set forth below:
5.2. Each Entrant must be a natural person.
5.3. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries by such Entrant.
6. GENERAL CONDITIONS
6.1. If for any reason the operation or administration of this Game is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the Game, and to cancel, terminate, modify or suspend the Game in whole or in part, at any time, without notice and award the Prize (defined below). Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the Game or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
6.2 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, THE APP, OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
7. RELEASE AND LIMITATIONS OF LIABILITY
7.1. By participating in the Game, Entrants agree to release, indemnify, hold harmless, defend and protect (with counsel selected by Released Parties), the Released Parties and Sponsor from and against any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, arising out, in connection with, or in any way relating to, the Game or receipt or use of any prize, including, but not limited to: (i) the subject matter of the Game; (ii) any defects or deficiencies in a Game entry; (iii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Game; (vi) electronic or human error which may occur in the administration of the Game or the processing of entries; (vii) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Game; (viii) use or redemption of any prize; (ix) the inability to redeem or use any prize, including, without limitation, due to Force Majeure (defined below), and/or (xi) the administration of the Game.
7.2. Released Parties and Sponsor assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties and Sponsor are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Game or downloading any materials in this Game.
7.3. Entrant further agrees that in any cause of action, the Sponsor and the Released Parties’ liability will be limited to the cost of actually playing the Game, and in no event shall the Sponsor and the Released Parties be liable for attorneys’ fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
7.4. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
7.5. WITHOUT LIMITING THE FOREGOING, THIS GAME AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, AND SPONSOR HEREBY DISCLAIMS ANY SUCH WARRANTIES. TO THE EXTENT THAT ANY PRIZE MAY BE SUBJECT TO MANUFACTURER WARRANTIES OF ANY KIND, NO ASSURANCE OR GUARANTY IS MADE THAT SUCH WARRANTIES ARE STILL VALID OR IN EFFECT.
7.6. Each Entrant releases, and hereby agrees to indemnify, defend, protect, and hold harmless the Sponsor and the Released Parties from any and all liability, including, without limitation, claims/actions based on publicity rights, defamation, and/or invasion of privacy, that may arise from participating in this Game or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winners also acknowledges that the Sponsor and the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
8. PRIZES: Upon the Administrator’s confirmation of eligibility, the winners of each Prize (“Winners”), will be granted the prizes a set forth in the APP (each a “Prize”). The Prize will be made available to each Winner in accordance with the Sponsor’s written confirmation and, contingent upon the Winner’s compliance with the
conditions below (and full compliance with the terms of these Official Rules, Terms and Conditions and the Mobile Application End User License Agreement).
9. PRIZE CONDITIONS
9.1. By accepting the Prize, the Winner agrees to release and hold harmless the Sponsor and the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Game or receipt or use of the Prize. The Winner must sign and return to the Administrator, within two (2) business days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent will require that the Winner provides personal information including a copy of a Government Issued ID. The Winner will be responsible for all
local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within two (2) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
9.2. By accepting the Prize, where permitted by law, the Winner grants to the Sponsor and the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide in all media without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
11.1. By playing the Game, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Game, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of pocket costs incurred, including costs associated with playing the Game but in no event attorneys’ fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of- pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Game, shall be governed by, and construed in accordance with United States law the law of Florida.
11.2. Any legal proceedings arising out of this Game or relating to these Official Rules shall be instituted only in the federal or state courts of serving Florida and Entrants, and the parties’ consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or
otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11.3. EACH ENTRANT AGREES THAT SUCH ENTRANT MAY BRING CLAIMS HERE UNDER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4. In addition, in the event of a breach of these Official Rules by you, Sponsor and Administrator will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This right shall be cumulative with, and not exclusive of, any other remedies available in law or equity.
12. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
13. MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Game and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations here under may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
15. CONSENT TO PHONE AND EMAIL CONTACT, NOTICE, AND RELATED MATTERS: Administrator and/or Sponsor may call or text you or authorize others to call or text you on Administrator’s or Sponsor’s behalf using any number you provide to Administrator for any purpose. This consent shall supersede your registration of such number on any state or federal “do not call” lists. You are responsible for charges for incoming text messages on your phone. You may, however, opt out of calls marketing Administrator’s services by notifying Administrator and Sponsor of your request to not be contacted by phone for marketing purposes.
You agree that Administrator and Sponsor may monitor or record your telephone conversations with such party (whether or not you initiate the call). Administrator and/or Sponsor may email you or authorize others to email you on such party’s behalf using any address you provide to Administrator for any purpose in connection with the Game. You authorize Administrator and Sponsor to provide required notices to you on Administrator’s website, via email, or by any other communication permitted under applicable law.