HQ CONTEST OFFICIAL RULES
<p>NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The HQ Application (the "<u>Contest</u>") is sponsored by Intermedia Labs, Inc.
("<u>Sponsor</u>").
The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc.
or its subsidiaries or affiliates.</p>
<p>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.</p>
<p>
<strong>ELIGIBILITY:</strong>
</p>
<p>Subject to these Official Rules, the Contest is open to individual persons who are at least 18 years old as of the date of entry.
To be eligible to receive a Prize (as defined below), the information associated with the entrant’s account must be true and accurate.
The information associated with the entrant’s account must identify the actual entrant into the Contest.
In order to facilitate the delivery of a Prize (as defined below), HQ may attempt to contact the winner using the phone number provided during account registration.
If HQ cannot get in contact with the winner using that phone number, the winner may forfeit his/her Prize.
Certain Contests are only open to residents of specific countries.
Any person that enters into a Contest that he/she is not eligible to enter may not win a Prize (as defined below) in that Contest.</p>
<p>Employees, agents, and contractors (collectively, "employees") of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and all persons residing in the same households as employees, including but not limited to immediate family members are not eligible to win the Contest while the employee is employed or engaged by Sponsor and for six months following the employee’s last day working with or for Sponsor.</p>
<p>Entrants may, in certain circumstances, communicate with, work with, or otherwise benefit from others with whom they have a preexisting relationship while participating in a Contest.
However, entrants may not communicate with, work with, or otherwise benefit from more than 10 other persons while entering a Contest if the communications between the entrant and those persons is facilitated by any technological means other than those explicitly provided by Sponsor.</p>
<p>HQ reserves the right to verify an entrant’s eligibility before, during, or after the Contest.</p>
<p>
<strong>Notice to all international entrants:</strong> As stated above, 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 are a winner 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.</p>
<p>
<strong>ENTRY PERIOD:</strong>
</p>
<p>Sponsor will announce Contests through the App from time to time.
The announcement will indicate the type of Contest that Sponsor is offering.
Contests include live trivia game show matches (“HQ Trivia”), live sports trivia game show matches ("HQ Sports"), and live word puzzle matches (“HQ Words”).
You may join a Contest while it is live.
Sponsor reserves the right to cancel Contests, in our sole discretion, with no restrictions.</p>
<p>
<strong>HOW TO ENTER:</strong>
</p>
<p>No purchase or payment is necessary to participate in a Contest.
Enter a Contest by completing each of the following steps:</p>
<ol>
<li>
<p>Download or open the HQ Application downloaded through the Apple Store on your mobile device, and either (a) if you already have a HQ account, log into your existing HQ account, or (b) if you do not already have a HQ account, sign up for a HQ account with a verified phone number.</p>
</li>
<li>
<p>Click "Join." HQ will then automatically match you with other players.
You will receive a notification when the live trivia game show match begins or when the live word puzzle match begins.
In trivia matches, you will have 10 seconds to answer each question.
In word puzzle matches, you will have 10 to 30 seconds to answer each puzzle, depending on the puzzle's difficulty.
If you get the answer right, you will move on to the next round.
If you get the answer wrong, you are eliminated for the remainder of the game.</p>
</li>
<li>
<p>Play at least one HQ live trivia game show match or HQ live word puzzle match to completion.</p>
</li>
</ol>
<p>By downloading HQ, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with HQ’s Privacy Policy located at https://hqtrivia.com/legal/privacy.html and HQ’s Terms of Use located at https://hqtrivia.com/legal/tou.html, and may be shared with Sponsor’s affiliated business entities.
All information submitted to the HQ Application becomes the property of Sponsor.</p>
<p>By downloading HQ, you further agree that use of HQ is subject to HQ’s Terms of Use located at https://hqtrivia.com/legal/tou.html and Privacy Policy located at https://hqtrivia.com/legal/privacy.html.</p>
<p>
<strong>SPINNING THE LETTER WHEEL</strong>
</p>
<p>In some Contests, entrants are given the opportunity to spin a wheel (the “Wheel”).
For instance, in HQ Words, entrants may be permitted to spin the Wheel to earn a letter, which will be automatically be revealed for that entrant in each puzzle in that Contest.
An entrant may choose to spin the Wheel by following the in-App prompts.
Spinning the Wheel is not required to participate in the Contest.</p>
<p>
<strong>SPINNING THE SUPER WHEEL / USING A SUPER WHEEL</strong>
An entrant participating in a Contest who has earned, been awarded, or purchased a Super Spin (“Super Spin” or "Super Wheel")may use that Super Spin to earn a pack of letters, which will be automatically be revealed for that entrant in each puzzle, or an individual letter (which will be automatically be revealed for that entrant in each puzzle) and an Extra Life (see Extra Life section below).
By default, an entrant’s Super Spin will be used at the start of the HQ Words Contest unless the entrant chooses not to use it by following the in-App prompts.
Each entrant can only use one Super Spin per game.
Neither Super Spins (also known as Super Wheels) nor any other purchase or payment are required to participate in the Contest.</p>
<p>
<strong>EXTRA LIFE</strong>
</p>
<p>An entrant participating in a Contest who has earned, been awarded, or purchased an extra life (“Extra Life”) may use that Extra Life to reenter a Contest after being eliminated.
By default, an entrant’s Extra Life will be used upon elimination unless the entrant chooses not to use it by following the in-App prompts.
Each entrant can only use one Extra Life per game.
Neither Extra Lives nor any other purchase or payment are required to participate in the Contest.</p>
<p>
<strong>ERASER</strong>
</p>
<p>An entrant participating in a Contest who has earned, been awarded, or purchased an eraser (“Eraser”) may use that Eraser to automatically remove one incorrect answer choice from a question.
An entrant may choose to use an Eraser by following the in-App prompts.
Each entrant can only use one Eraser per game.
Erasers are not required to participate in the Contest.</p>
<p>
<strong>POINT MULTIPLIER</strong>
</p>
<p>An entrant participating in a Contest who has earned, been awarded, or purchased a Point Multiplier (“Point Multiplier”) may use that Point Multiplier to automatically multiply the number of points the entrant earns during a particular game.
Each entrant can only use one Point Multiplier per game.
Point Multipliers are not required to participate in the Contest.</p>
<p>
<strong>PRIZES:</strong>
</p>
<p>The winner of each Contest, upon completion of all verifications and obligation requirements described in these Official Rules, will receive a cash prize, determined in Sponsor’s sole discretion (the "Prize").
Sponsor will distribute prizes according to the rules for the specific Contest entered and players will split Prizes according to those rules (as explained below).
You may view the total of all accrued Prizes you have won through your HQ account.
You will need a minimum Prize balance of $5 in your account to cash-out.
To receive payment of your accrued Prizes (one minimum amount is met), you must cash-out Prizes through PayPal, a third party service.
Prize fulfillment will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com .
In certain instances involving larger Prizes, at HQ's sole discretion, you will be contacted directly to receive it by a mutually agreeable method and payment will be subject to a confirmation of the winner's eligibility to receive a Prize consistent with Sponsor's Rules and Terms of Use.</p>
<p>You must comply with the Rules of Conduct contained in section 5 of HQ Trivia’s Terms of Use.
Any entry by any user that does not comply with the Rules of Conduct, the Terms of Use, or these Contest Rules will be disqualified.</p>
<p>Each HQ user may establish, maintain, use and control only one account.
Each account may only be owned, maintained, used and controlled by one individual.
For avoidance of doubt, users may not "co-own" accounts.
In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.</p>
<p>Each HQ account can only be associated with one PayPal account.
And a PayPal account cannot be associated with more than one HQ account.
Attempts to associate an HQ account with additional PayPal accounts may result in the termination of that HQ account and forfeiture of any Prizes awarded.</p>
<p>HQ will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account.
HQ Trivia uses your account information to contact and verify winners.
Out of date or incorrect account information at the time you enter a Contest may disqualify you from receiving a Prize.
Failure to provide valid, working contact information in connection with your account may result in termination of that HQ account and forfeiture of any Prizes awarded.</p>
<p>Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or that violate any of these Contest Rules or the Terms of Use.
Entries generated by script, macro or other automated means are void.</p>
<p>Decisions of the Sponsor are final and binding with respect to all matters related to the Contest.
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 Prize can be made available to the winner.
The Prize is not assignable and not transferable and no substitutions are permitted.
In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all.
The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize.
Winners shall provide HQ with accurate information regarding their identity and country of residence.
To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to Intermedia Labs, Inc.
138 Spring Street 4th Floor, New York, New York 10012.</p>
<p>
<strong>PRIZE SELECTION:</strong>
</p>
<p>The Contest will be conducted under the Sponsor’s supervision.
The decisions of the Sponsor are final and binding in all matters relating to the Contest.
The winner will be notified in the HQ Application or by email.
provided, however, that Sponsor reserves the right to determine an alternate method of notification.
The winner must cash-out the Prize within 90 days after notification.
A Contest winner's failure to cash-out the Prize within the specified 90 days will be considered that Contest winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.</p>
<p>_HQ Trivia_</p>
<p>In HQ Trivia contests, Players must select the correct answer to each question.
If a player submits an incorrect answer or fails to select an answer in the allotted time, the player will be eliminated unless the player uses an Extra Life and has not yet used an Extra Life in that Contest.
The winner of an HQ Trivia Contest will be the last person remaining at the end of each game show match.
If there are multiple players remaining after the final question, such remaining players will split the Prize evenly.
Sponsor may also offer “Winner Take All" HQ Trivia Contests.
In "Winner Take All" HQ Trivia Contests, which Sponsor shall identify at the outset of the game show in which the Contest is offered, players will continue to receive questions until only a single player can correctly answer the question given.
Sponsor will then award the Prize to the single remaining player.
If all remaining players fail to answer a question correctly, resulting in every player's elimination, the Sponsor can decide to either roll the Prize for “Winner Take All" Contest over to a future game, which will be announced live at the end of the game, or bring all Players that answered the final question incorrectly back into the Contest.
</p>
<p>Sponsor may also offer “Top N" HQ Trivia Contests.
In “Top N" HQ Trivia Contests, which Sponsor shall identify at the outset of the game show in which the Contest is offered, players will continue to receive questions until N or fewer players can correctly answer the question given.
Sponsor will then award the Prize to the single remaining player.
If all remaining players fail to answer a question correctly, resulting in every player's elimination, the Sponsor can decide to either roll the Prize for “Winner Take All" Contest over to a future game, which will be announced live at the end of the game, or bring all Players that answered the final question incorrectly back into the Contest.</p>
<p>_HQ Words_</p>
<p>In HQ Words contests, Players select letters to solve word puzzles.
If a player fails to solve a word puzzle in the allotted time or selects three incorrect letters, the player will be eliminated unless the player uses an Extra Life and has not yet used an Extra Life in that Contest.
The winner of the Contest will be the last player remaining at the end of each match.
If there are multiple players remaining after the final round, the Sponsor may split the Prize evenly among the remaining players, or the three players who solved the puzzles in the shortest amount of aggregate time will receive a pre-determined portion of the Prize of the Prize and all other players remaining after the final round will split the remainder of the Prize evenly.
</p>
<p>
<strong>GENERAL CONDITIONS AND RELEASES:</strong>
</p>
<p>
<strong>Notice to all international entrants:</strong> As stated above, 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 are a winner 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.</p>
<p>
<strong>Notice to all entrants (including international):</strong> By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations.
When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner 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.
The winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize.
Winner may also be required to furnish proof of identity, postal address, and birth date in order to receive a Prize.</p>
<p>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 winner’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.</p>
<p>In order to be eligible for a Prize above $1,000 (a “Large Prize”), Sponsor may require a winner to, within ten (10) business days of winning the relevant Contest, (i) sign a Liability and Publicity Release as drafted by Sponsor, which may impose obligations beyond those stated in these Official Rules, and (ii) partake in an interview conducted by Sponsor or its agent, providing truthful and accurate information in response to the interview questions, and (iii) be photographed, recorded, taped, filmed, or otherwise visually or audiovisually recorded while partaking in such an interview or in other circumstances to be determined in Sponsor’s sole discretion.
A winner’s refusal to fulfill either any of these obligations shall cause the winner to be ineligible for the Large Prize and Sponsor may withhold or revoke the awarding of the Large Prize.
Sponsor, in its sole discretion, shall reasonably determine the subject, timing, and means of interviewing the winner.</p>
<p>An entrant or winner may be disqualified from the Contest if he or she fails to comply or has previously failed to comply with any provision of these Official Rules or the Sponsor’s Terms of Use, as determined in the sole discretion of the Sponsor.
Sponsor, in its sole discretion, may disqualify you from a Contest, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct Sponsor deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other users.
Improper conduct includes, but is not limited to: Falsifying personal information, including payment information, required to claim a Prize.
violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these Rules, using unauthorized methods such as unauthorized scripts or other automated means.
tampering with the administration of the Contest or trying to in any way tamper with the computer programs associated with the Contests.
obtaining other entrants’ information and spamming other entrants.
and any other form of abuse.
or otherwise violating these Rules.
You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent Sponsor from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.</p>
<p>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 winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, 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.</p>
<p>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.</p>
<p>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.</p>
<p>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 this 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 this 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 this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest.
In the event of cancellation or suspension, HQ shall promptly post a notice on the HQ App to such effect.
This Contest shall be governed by New York law, without regard to conflicts of laws provisions.
By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in New York, NY, by and under the Commercial Arbitration Rules for arbitration of consumer-related disputes (which can be accessed at www.jamsadr.com or by calling 1.800.352.5267)s, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
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.</p>