THIS IS NOT A GAME: THE GAME CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area. Message and data rates may apply even if your use of a mobile device does not result in Contest entry.
ELIGIBITY. “This Is Not A Game: The Game” is an in-app quiz game (the “Contest”) open only to all legal residents of (and who are physically present in) the fifty (50) United States, Puerto Rico, and the District of Columbia who are eighteen (18) years of age or older at the time of entry. The following are ineligible: employees of Turner Entertainment Networks, Inc., Full Frontal, LLC, Jax Media, LLC, or Prizelogic, LLC (collectively, the “Sponsor”) who work on the Full Frontal With Samantha Bee show (the “Show”) or the Contest.
The Contest is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. By entering the Contest, Players (as defined below) agree to accept and be bound by all terms of these Official Rules. Void where prohibited or restricted by law. This Contest is in no way sponsored, endorsed or administered by or associated with Apple or Android.
HOW TO ENTER. Sponsor will encourage each player (the “Player”) to enter the Contest beginning on or around September 4, 2018 until December 31, 2018 (the “Contest Entry Period”). To enter the Contest each Player must: ,
- Download the “This Is Not a Game: The Game” application (the “App”) through the Apple or Android store on your mobile device and establish your account (the “App Store Account”) as required at each storefront.
- Accurately complete the information within the App to create your user account, including without limitation providing your email address and accepting the documents provided therein (the “Account”)
- Players will receive a notification within the App to play a quiz about politics, the 2018 election, the Show, history and/or politics, and other topics as determined by Sponsors (the “Quiz”). The Quizzes are currently anticipated to take place once a day (but there may be more or less than one per day) at specific dates and times as determined by Sponsor in its sole discretion.
- During each Quiz, Players are given a relatively short period of time to answer Quiz questions. If any question is answered incorrectly, the Player has not won the Quiz, unless the Player has and uses an “Extra Life” as described below.
- Sponsor will split the daily Prize (as defined below) evenly among all other Players who answer all questions correctly (or who otherwise remain in the Quiz due to use of an Extra Life).
- Sponsor may also offer the opportunity to earn an extra life (“Extra Life” or “Extra Lives”) to Players in any lawful manner it chooses. If a Player satisfies the conditions of the Extra Life challenge, he or she will get the Extra Life. Players who have earned an Extra Life may use one or more Extra Life per Quiz to reenter the daily trivia challenge. Sponsor shall determine the number of Extra Lives that may be used in any one Quiz, and such number shall change. Unless communicated otherwise by Sponsor, and Extra Life may not be used for the final question in any Quiz. Extra Lives may be earned outside of the App by, for example and without limitation, sharing the game with friends, determining the location of polling facilities, or signing up for voting reminders.
- Sponsor reserves the right to change any aspect of the Quiz, or the Contest generally, regardless of whether those changes make the Quiz or Contest easier or harder for you or others to play.
Each Player may establish, use and control one Account only, and each Player Account may only be associated with one PayPal account. False or deceptive acts or entries, or entries generated by script, macro or other automated means will be void, will render a Player ineligible, and also may result in Player no longer being allowed to enter Sponsor’s Contest, or other promotions in the future, at Sponsor’s sole discretion. Entries must be submitted by an eligible living person and the Prize can only be awarded to the Account holder whose name is on or corresponds to the App Store Account (or, if none, the primary email address associated with the Account as applicable). The authorized Account holder is deemed to be the natural person who is assigned to the email address listed in the Account by the relevant entity responsible for assigning the email address for the relevant domain. Each Player may only participate with one Account and one device. Sponsor reserves the right to verify eligibility before awarding Prizes.
Failure to comply with the Official Rules and any other instructions for submission of an entry as available on the App, in the sole discretion and as determined by Sponsor, may result in disqualification of a Player’s entry (ies) and prize winnings. All entries become the property of Sponsor and will not be acknowledged or returned.
In the event nobody wins a Quiz, then Sponsors may allocate the Prize value associated with that Quiz to another Quiz, or to more than one Quiz, or allocate the Prize value in any other lawful manner, including without limitation a donation to a charity of its choice.
At the sole discretion of Sponsor, disqualification may result from any of the following: If the potential Winner (i) fails to respond to the notification sent by Sponsor within a reasonable period of time or no longer than five (5) days from the date Sponsor sends such notice, (ii) fails to sign and return all necessary documents within the time period designated by Sponsor, (iii) fails to cash out the Prize within five (5) days after the end of the Contest Entry Period, (iv) fails to provide Sponsor with satisfactory proof of age, identity and residency, if requested, or (v) fails to comply with any of the Official Rules as outlined herein, such potential Winner may be disqualified and an alternate Winner will be chosen, as determined by Sponsor in its sole discretion.
The decisions of Sponsor in all matters regarding this Contest are final and binding.
No substitution or transfer of prizes or cash redemption is permitted. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the advertised prize (or portion thereof) is not available for any reason, at its sole discretion. Winners are responsible for the reporting and payment of all federal, state and local taxes (if any) and any other costs and expenses associated with Prize acceptance and use not specified in these Official Rules and/or in the applicable entry instructions as being provided. All details of the Prizes not specified herein at Sponsor’s sole discretion.
CASHING OUT THE PRIZE
All Winners must cash-out the Prize within Seven (7) days after Contest Entry Period ends. A Winner's failure to cash-out the Prize within the specified Seven (7) days may, in Sponsor’s discretion, be considered such Winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all, or donate the Prize to a charity of Sponsor’s choice. If a Player is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all, or donate the Prize to a charity or charities of Sponsor’s choice.
INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH PLAYER AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE SPONSORS, AND THEIR PARENT, SUBSIDIARY, AND CO-OWNED COMPANIES, AND ALL THEIR EMPLOYEES AND BOARD MEMBERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CONTEST, THE APP, THE PRIZE (OR ITEMS PURCHASED USING THE PRIZE) OR INJURIES THAT TAKE PLACE WHILE PARTICIPATING IN THE CONTEST OR QUIZ GAME,INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN SPONSOR AND SUCH WINNER) THAT THE CONTEST, APP, QUIZ GAME, AND PRIZES PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH PLAYER AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO FIFTY DOLLARS ($50); AND (II) UNDER NO CIRCUMSTANCES WILL PLAYER BE PERMITTED TO OBTAIN AWARDS FOR, AND PLAYER HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSE AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
EACH PLAYER AGREES THAT THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST, THE APP, OR ANY CONTENT RELATED THERETO. SPONSOR HEREBY SPECIFICALLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES AND PLAYER HEREBY ACCEPTS SUCH DISCLAIMER.
EACH PLAYER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
GENERAL. By participating in this Contest and accepting the prize(s), each Winner grants the Sponsors the right, unless prohibited by law, to use the Winner’s name, voice, picture and likeness, without further compensation, notification or approval, for the purpose of advertising, promotion and/or publicizing the goods and services of the Contest Entities and/or such designees and/or in connection with all matters related to the Contest, in any manner or medium, throughout the world in perpetuity.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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.
GOVERNING LAW: Any and all disputes, claims and controversies arising out of or in connection with the Promotion or any prize awarded shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
The Released Parties and you (“Parties”) agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute/claim relating to this contract or its breach, the Official Rules or any prize awarded (“Claim”) that is not informally resolved within fifteen (15) days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
The Released Parties will bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000.00, unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless the Released Parties are otherwise required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over the Released Parties is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Released Parties and you will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The Parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the contract, Contest, Official Rules, Promotion or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in Georgia.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Released Parties or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
OFFICIAL RULES: For a copy of these Official Rules, send a self-addressed, stamped envelope (residents of VT need not include return postage for rules requests) to the following address: (please specify “Official Rules”) “This Is Not A Game: The Game Contest,” Attn: EXE0305F 1050 Techwood Drive NW, Atlanta, GA 30318. All requests must be received by December 1, 2018.
SPONSORED BY: Turner Entertainment Networks, Inc., 1050 Techwood Drive, Atlanta, GA 30318