THE MILLION DOLLAR GAME, LLC
TERMS AND CONDITIONS
The Million Dollar Game is licensed to you (End-User or You) by The Million Dollar Game LLC, (hereinafter: Licensor), for use only under the terms of this License Agreement.
1. THE APPLICATION
The Million Dollar Game (hereinafter: the Licensed Application, The Application or Application) is a piece of software created to launch an online skills based gaming platform where players can earn points by participating in a skills based portion (i.e. a quiz or trivia questions) and as players accumulate points, players get tickets to spin the wheel that determines the prize the player wins.
3. TECHNICAL REQUIREMENTS
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time without any prior notice nor that the Licensor requires approval from You, the End-User, to do so.
4. MAINTENANCE AND SUPPORT
The Licensor and the End-User acknowledge that Apple, Google, and/or any other online Store that has the Application available to be downloaded or be used as a Cloud Service by You the End-User, has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
6. USER GENERATED CONTRIBUTIONS
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party. • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Any prize received by You will be subject to the terms and conditions of an agreement between the Licensor and a Third Party Company (“TPC”). In the event that You are a potential prize winner, You will need to claim the Prize by completing a form that will be provided by the Licensor . The Form must be completed and Submitted to the Licensor by You along with a copy of a government issued identification card containing a photo of You. The Licensor will then submit the form and government issued identification card to the TPC for validation and claim verification. All required signatures must be present and valid for consideration of prize payment. Each winner, if any, is responsible for paying any and all taxes on any prize(s) won and must authorize the deduction of such taxes, if any, from the prize(s) to the extent required by law. Once winners have been verified and TPC receives the completed the form completed by the You, the prize will be paid within fifteen (15) business days. Prize amount of $1,000,000 (One Million Dollars) will be paid in thirty (30) equal annual installments of $33,333.33 each, without interest. Prizes will be paid using electronic payment methods. The electronic payment method is decided and subject to change at Licensor´s exclusive sole discretion. You will need to be able to receive payments in the electronic payment method chosen by Licensor. Licensor is not responsible for failure
RESIDENTS OF THE ESTATE OF FLORIDA AND NEW YORK ARE NOT ELIGIBLE TO PARTICIPATE. 9. LIABILITY
Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
The Licensors, is not responsible for any late, misdirected or incomplete entries, effects of hackers, or failure of any electronic equipment, computer transmissions and/or network connections.
The Licensors is not responsible for any technical or human error that may occur in the processing of the entries.
The Licensors is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Application, as solely determined by the Licensor, will be disqualified. If disqualified for any of the above abuses, The Licensors reserves the right to terminate a contestant’s eligibility to participate. In the event any portion of the Application is compromised by virus, bugs, nonauthorized human intervention, hackers or other causes beyond the control of the Licensors, in the sole opinion of the Licensor, corrupts, or impairs the administration, security, fairness or proper play of the game.
The Licensors reserves the right, at its sole discretion, to suspend or terminate all or part of the game. The Licensors is not responsible for any entry, which is generated by computer hardware or software, malfunction, error or failure, or is tampered with or subject to any non-authorized human intervention.
The game is a contingent prize promotion. Prize(s), if any, will only be awarded upon winner validation and verification by the Licensor and TPC as referenced in the Term ¨8 PRIZES¨. Licensor Taxes, fees or other charges, if any, are the sole responsibility of winner(s). By accepting a prize payment, winner must agree to release and discharge the Licensor, any affiliated companies and their parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Promotion. UNCLAIMED PRIZES WILL NOT BE AWARDED.
Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of The Million Dollar Game, LLC's sphere of influence that affect the executability of the Application.
You are required to inspect the Application immediately after installing it and notify The Million Dollar Game, LLC about issues discovered without delay by e-mail. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.
If we confirm that the Application is defective, The Million Dollar Game, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
11. PRODUCT CLAIMS
The Million Dollar Game LLC and the End-User acknowledge that The Million Dollar Game LLC, and not the app platform such as Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims; and
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement. 12. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
13. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
The Million Dollar Game, LLC
255 Aragon Avenue. 2nd Floor
Coral Gables, FL 33134 United States
These Terms and Conditions valid until terminated by The Million Dollar Game LLC.
15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
The Million Dollar Game LLC represents and warrants that The Million Dollar Game LLC will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with the Terms And Conditions of the "Instructions for Minimum Terms of Developer's End User License Agreement," Google, Apple and Google´s and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
16. INTELLECTUAL PROPERTY RIGHTS
The Million Dollar Game LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, The Million Dollar Game LLC, and not Google and/or Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
17. APPLICABLE LAW
This license agreement is governed by the laws of the State of Florida excluding its conflicts of law rules.
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
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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.
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B. WHAT KIND OF YOUR PERSONAL INFORMATION WILL BE COLLECTED
Personal Information Collected by Us
If you get any rewards in the App, we may collect information to deliver the rewards to you, such as your address, full name, phone number, government issues identification card (s) and email address.
This is certain log file information our servers automatically record when you visit the Services, such as your Internet Protocol (“IP”) address, GPS data, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Services.
Mobile Device Information
We collect information about the mobile device you use to access or use the Services, including the hardware model, operating system and version, unique device identifiers, IDFA, MAC address, UDID, mobile network information and information about your use of the Services. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Services.
Information Collected by Third-Party Partners
Our third-party partners may use tracking technologies to collect information about your use of the Services and other websites in order to serve advertisements to you on our behalf, provide analytics services or provide other services in the App. Such information includes your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. You can contact us at
[email protected] if you want our third-party partners to stop collecting your personal information. Please note that if our third-party partner stop collecting your personal information, the advertisements you see will be less relevant to you, but the number of them will not change.
Other Information You Choose to Provide to or Automatically Collected by Us
This is the information you provide to us when you participate in a survey, contest, promotion or interactive area of the Services or when you request technical or customer support.
C. HOW WE USE YOUR PERSONAL INFORMATION
We may use information about you for various purposes, including to:
• Provide, maintain and improve the Services;
• Send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
• Provide customer service;
• Respond to and communicate with you about the Services and other information may be of interest to you; • Monitor and analyze trends, usage and activities in connection with the Services;
• Protect you from fraudulent transactions and other illegal activities and protect our and others’ rights and property;
• Personalize and improve your experience with the Services and provide advertisements, content and features that match your profile or interests;
• Achieve other purposes.
• Share your information as ¨Prize Winner¨ to other actual and/or potential users of our services.
D. HOW WE SHARE YOUR PERSONAL INFORMATION
Requirements of Law
• We may share your information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process.
With Necessary Third Parties
• We may share your information with vendors, partners and other service providers who need access to such information to carry out work on our behalf, provide prizes, products or services to us or to you or help us market or advertise to you (including co-branded marketing and advertising).
• When you participate in the interactive areas of the Services or interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide.
• We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health, and well being.
We may also share your information:
• If we believe your actions are inconsistent with our End User License Agreement or other policies, or to protect our and other parties’ rights, property or safety.
• In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing.
• Between and among us and any current or future parent, subsidiary and/or affiliated company. • With your consent or at your direction.
We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.
E. HOW WE PROTECT YOUR PERSONAL INFORMATION
We are committed to protect your personal information. We implement and maintain reasonable security measures intended to protect against unauthorized use, disclosure, alteration or destruction of the information we collect and maintain. However, please note that, despite our efforts, no data security measures, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the absolute security of your information transmitted to, through, or on the Services or via the Internet and that, any such transmission is at your own risk.
F. WHAT YOU CAN DO
• Location Information With your consent, we may collect information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device, but note that some features of our mobile applications may no longer function if you do so.
• Communications Notifications You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at [email protected] If you opt out, we may still send you non-promotional communications, such as those about our ongoing business relations. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
• Your California Privacy Rights California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by emailing us at [email protected]
G. WHAT ABOUT CHILDREN’S PERSONAL INFORMATION
information as soon as possible if we learn we have collected any personal information from any children under the age of 18 without any parental/guardian consent. You can also contact us if you learn about such collection.
I. HOW YOU CONTACT US
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MOBILE APPLICATION END USER LICENSE AGREEMENT
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and The Million Dollar Game LLC ("Company"). This Agreement governs your use of the Million Dollar Game and The Million Dollar Quiz (the “Application”) whether on your computer, mobile device or any other platform on which the Application can be accessed (the “Platforms”). The Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON AND [DOWNLOADING, INSTALLING AND USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE, COMPUTER OR PLATFORM ON WHICH THE APPLICATION WAS DOWNLOADED.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a Platform owned or otherwise controlled by you ("Mobile Device") strictly in accordance with this Agreement; and
2. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Geographic Restrictions. The Content and Services are based in the state of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States or from certain states within the United Stated and that access thereto may not be legal by certain persons or in certain countries or states. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. Florida and New York residents are not eligible to participate.
6. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings and the Company’s sole discretion, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising and information about the ´s ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
8. Term and Termination.
(a) The term of Agreement commences when you download and install the Application and acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 8.
(b) You may terminate this Agreement by: deleting the Application and all copies thereof from any Platforms you are using for the Application or canceling your account and/or deleting your account.
(c) Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e) Termination will not limit any of Company's rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR
RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES RELATED COSTS ASSOCIATED WITH THE USE.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
12. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement (including without limitation is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Miami and Dade County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.