TRIVIA BASH GIVEAWAY RULES
OFFICIAL RULES AND DISCLAIMERS
OVERVIEW: Trivia Bash, LLC is an online website and mobile application ("Trivia Bash"). Trivia Bash is available online or by download, without cost to the end user. At any given time, Trivia Bash, along with its partners and sponsors, will make available various Giveaways and Sweepstakes on its online and mobile properties. With respect to each Sweepstakes, Trivia Bash will identify the prize, the dollar value of such prize and the duration of the Sweepstakes (i.e., the time remaining).
PURCHASE: NO PURCHASE IS NECESSARY TO ENTER OR WIN ANY PRIZES IN ANY SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. The Sweepstakes are subject to all applicable federal, state, and local laws, it are void where prohibited. Winning individuals will be responsible for all taxes related to the award of any Sweepstakes prize. Each Sweepstakes begins at the time it is released on the website and mobile application, and ends at the time (including hour and minutes, i.e., the time remaining) noted with respect to such Sweepstakes (the "Sweepstakes Period"). Sweepstakes are predominantly sponsored by Trivia Bash, whose principal business office address is 1441 Broadway, 6th Floor New York City, New York 10018. Certain Sweepstakes will be sponsored by a Sponsor other than Trivia Bash, in which case the website or app will identify the particular Sponsor and the Sponsor’s principal business address.
ELIGIBILITY: The Sweepstakes are open to legal residents of all fifty (50) States in the United States as well as the District of Columbia, who are at least 18 years of age at the time of entry. Employees, officers and directors of any Sponsor, its parents, subsidiaries, affiliates, representatives and agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. By entering a Sweepstakes, entrants agree to be bound by these official rules and disclaimers (these "Official Rules"), and the decisions of Trivia Bash regarding the Sweepstakes are final and binding in all respects.
TO ENTER: All entries will be received online while playing trivia games. Any eligible person who electronically logs into the website may access any of the Sweepstakes, but may not be earn entries into each Sweepstakes unless they meet certain requirements or minimum scores. With each correct answer in a trivia game you earn points. At the end of the game you may earn entries into the Sweepstakes based on your final score. The entries calculator is shown at the conclusion of each trivia game. Each trivia game consists of 10 questions. All entries are forfeited if the browser or app is closed, even if by technical error. Trivia Bash is not responsible for any loss of entries related to technical errors or any other issue that may lead to loss of entries.
CALCULATION OF ENTRIES: A correct answer will earn 10 points plus the time remaining on the clock. Example: 16 points will be awarded for a correct answer with 6 seconds remaining on the clock. Incorrect answers will earn zero “0” points.
SELECTION OF WINNERS: With respect to each Sweepstakes, at the end of each Sweepstakes Period, Trivia Bash will conduct a random drawing from among all eligible entries received during the Sweepstakes Period. The odds of winning are based on the number of eligible entries received for a Sweepstakes. Sweepstakes prize winners will be notified by e-mail (to the e-mail address provided by the entrant) of the prize which they have been awarded (the "Award Notification"). If the selected prize winner does not respond within five (5) days after Award Notification is given, then that selected prize winner will be deemed to have forfeited his/her prize. Forfeited prized will be re-awarded by Trivia Bash by random drawing to another eligible entrant in the Sweepstakes. Trivia Bash may elect to not re-award a prize after selecting two “2” winners for a particular Sweepstakes. Except to the extent prohibited by law, any Sweepstakes selected prize winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release"). The name of each Sweepstakes prize winner will be posted on the website and app after such prize winner contacts Trivia Bash based on his/her receipt of the prize. If the selected Sweepstakes prize winner fails to sign and return the Affidavit/Release within the required time period, except to the extent prohibited by law, that selected Sweepstakes prize winner will be deemed to have forfeited his/her prize, and the prize will be re-awarded by Trivia Bash as set forth above. EACH SWEEPSTAKES PRIZE WINNER IS SUBJECT TO VERIFICATION BY TRIVIA BASH, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
PRIZES: Each Sweepstakes shall have only a single prize. Each prize shall consist of an item(s) of retail merchandise or retail services, cash or a gift card redeemable for certain item(s) of retail merchandise or services. All gift cards are redeemable with the specific businesses issuing such cards. There will be no substitutions, exchanges or variations made to prizes or gift cards that are awarded, or prizes which are redeemed with gift cards. It is the responsibility of each prize winner to redeem any gift card received as a prize. MERCHANDISE OR SERVICES RECEIVED AS A PRIZE, OR OBTAINED WITH GIFT CARDS RECEIVED AS A PRIZE, ARE RECEIVED WITHOUT WARRANTY BY TRIVIA BASH OF ANY KIND, EXPRESS OR IMPLIED. Prizes for the Sweepstakes will have values generally between $25 - $500.
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes are the sole responsibility of the individual Sweepstakes prize winner. Prizes, cash, gift cards received as prizes, and the merchandise or retail services for which such gift cards may be redeemed cannot be substituted, assigned, transferred, or redeemed for cash. Trivia Bash will not replace any gift card prize that is lost or stolen once any gift card is delivered to a Sweepstakes prize winner. Gift cards may not be useable in conjunction with any other promotions or offers. Gift cards shall be redeemable as set forth thereon, and in accordance with applicable law.
GENERAL CONDITIONS: Trivia Bash's failure to enforce any term of these Official Rules shall not constitute a waiver thereof. Neither Trivia Bash nor anyone acting on its behalf will enter into any communications with any entrant regarding the Sweepstakes, except as expressly set forth in these Official Rules. Trivia Bash reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the game, entry process, website or app, and/or the legitimate operation of the Sweepstakes; to violate these Official Rules; or to act in a disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person with respect to the game or Sweepstakes. Trivia Bash may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Sweepstakes (or any Sweepstakes a portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes (or any Sweepstakes a portion thereof) to address the impairment and then resume the Sweepstakes (or any Sweepstakes a portion thereof) in a manner that best conforms to the intent of these Official Rules; or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Privacy Policy of Trivia Bash shall apply to all aspects of the Sweepstakes.
WEBSITE, MOBILE APPLICATION AND INTERNET CONDITIONS: Trivia Bash shall not be responsible for any entries in the Sweepstakes that are not properly entered due to data corruption or otherwise not received correctly, or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of e-mail, or on account of technical problems or traffic congestion on the internet, with respect to the App or at any website or combination thereof, including injury or damage to entrant's computer, laptop or mobile device related to or resulting from participating in the trivia game and Sweepstakes (or any Sweepstakes a portion thereof). Trivia Bash shall not be responsible for any lost, misdirected or late entries into any Sweepstakes. Trivia Bash reserves the right to cancel, terminate, modify or suspend the Sweepstakes in the event that the Sweepstakes (or any Sweepstakes a portion thereof) is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Trivia Bash which corrupts or affects the administration, security fairness, integrity or proper conduct of the game and Sweepstakes (or any Sweepstakes a portion thereof).
RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN ANY SWEEPSTAKES, ENTRANTS AGREE THAT TRIVIA BASH AND ANY OTHER APPLICABLE SPONSOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, APP STORES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE "RELEASED ENTITIES"), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN ANY SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM. BY PARTICIPATING IN ANY SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET SITE, THE APP OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE OR THE APP. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN ANY SWEEPSTAKES CONSTITUTES WINNER'S CONSENT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME IN BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE GAME AND SWEEPSTAKES, INCLUDING THE WEBSITE, APP AND THE PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the game and Sweepstakes or the prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of New York City or the appropriate state court having jurisdiction in New York City, New York; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 entrant and Trivia Bash in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
WINNERS LIST: All prize winners names and the prizes they have won will be listed on the Website and App. Trivia Bash shall not be liable for technical, pictorial, typographical or editorial errors or omissions.