TERMS OF USE

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY PRIZE.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. SOME GAMES REQUIRE LIVES TO ENTER. LIVES/TICKETS ARE PROVIDED FREE OF CHARGE.

THE APP, THE GAMES, AND ANY SWEEPSTAKES CONTAINED HEREIN ARE NOT SPONSORED BY, ENDORSED OR AFFILIATED IN ANY WAY WITH APPLE, INC.

THE APP, THE GAMES, AND ANY SWEEPSTAKES CONTAINED HEREIN ARE NOT SPONSORED BY,

ENDORSED OR AFFILIATED IN ANY WAY WITH GOOGLE, INC.

Welcome to the Game Day App. Game Day and/or its affiliates (“Game Day, Inc.”) provide online and mobile gaming services to authorized users (“Company Services”) subject to the following terms and conditions contained herein, including all Official Rules of the Games played by you (the “Terms”).

By using the Game Day App, you agree to these Terms. Please read them carefully.
By accessing or using the App, or by creating an Account, you acknowledge your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use this App or play any Games contained herein. Game Day, Inc. reserves the right to update or modify these Terms at any time, and without prior notice to you. Your use of the App following such modification or update constitutes your acceptance to be bound by these Terms as changed or modified. Game Day, Inc. encourages you to read through and review these Terms each time you access the App and utilize the Company Services.

1. Privacy: Please review our Privacy Notice, which also governs your use of the App and Company Services, to understand our practices.

2. Age Restriction: You must be eighteen (18) years of age or older to use the Company Services. The Company Services are available to legal residents of the United States, Canada (excluding Quebec), and the United Kingdom who are at least eighteen (18) years old and the age of majority in his or her jurisdiction of residence and have an Internet connection or mobile phone.

3. Other Restrictions: In order to participate in the Company Services offered by Game Day, Inc., you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. Game Day, Inc. is required by law to report all prizes paid out and will provide a 1099 Misc. at the end of the year to you detailing what prizes were awarded to you to the IRS.

4. License to Use: Subject to your compliance with these Terms, Game Day, Inc. grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App and Company Services. This license does not include any downloading, copying, or other use of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Game Day or its licensors, suppliers, publishers, rights-holders, or other content/services providers. You may not misuse the App or Company Services and may use the App and Company Services only as permitted by law. The licenses granted by Game Day, Inc. terminate if you do not comply with these Terms.

5. Limited Offering of Services: Neither the availability of the App to download, nor the availability of Company Services shall be construed as an offer or invitation by Game Day, Inc. to use download the App or use the Company Services if you reside in a country or jurisdiction in which such use is forbidden by law the country or jurisdiction is one in which Game Day, Inc., in its sole discretion, elects not to offer the Company Services. You are solely responsible for determining whether your use of Company Services is legal in the country/jurisdiction in which you reside and/or in any country/jurisdiction in which you log-on to use Company Services. Game Day, Inc. shall not be responsible for any illegal or unauthorized use of Company Services.

6. Creating an Account: In order to access the App and use the Company Services, you are required to create and be logged in to the account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. Game Day reserves the right to refuse service, terminate accounts, terminate your rights to use Company Services, remove or edit content, or cancel Lives in its sole discretion. You agree that any termination of your Account and/or your right to use the Company Services may be effected without prior notice, and acknowledge and agree that Game Day, Inc. may immediately deactivate or delete your Account and all related information and files related to your Account and or bar any further access. Further, you agree that Game Day, Inc. shall not be liable to you or any third-party for any termination of your right to use or otherwise access your Account or use the Company Services.

7. Prohibited Conduct. You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Company Services or App (including all content contained therein); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Company Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App or Company Services, or which, as determined by us, may harm Game Day, Inc. or users of our App or Company Services; (iv) use the Company Services in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the Company Services, including their ability to engage in real time activities through the Company Services; (v) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the App; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Company Services, the servers on which the Game Day, Inc’s data is stored, or any server, computer or database used to provide our Company Services; (vii) engage in any fraudulent activity or engage in any activity that facilitates fraud; or (viii) otherwise attempt to interfere with the proper working of the Company Services.

8. Game Day Content: Game Day, Inc. and/or its licensors retain all rights to all data and information on its App and Company Services, including text, graphics, images, designs, articles, business processes, and any other form of content (collectively referred to as “Content”). Users shall have only those rights in and to the Content that are expressly granted to it pursuant to these Terms, and are otherwise reserved. Reproducing, copying or distributing any Content for any other purpose is strictly prohibited without the express prior written permission of Game Day, Inc. The Company Services may enable a user to link to websites, and access to content, products or services of third parties. Game Day, Inc. is not responsible for any third party websites, or third party content provided on or through the App or Company Services. You bear all risks associated with the access and use of such websites and third party content, products and services. You access third party content at your own risk.

9. Your Feedback: Game Day, Inc. welcomes feedback, comments and suggestions for improvements to our App or Company Services (“Feedback“). Any Feedback you submit will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant Game Day, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

10. Trademarks: All of the trademarks, service marks, and logos displayed on App (the “Trademarks”) are registered and unregistered trademarks of the Sponsor its affiliates, or third parties. Nothing in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the Sponsor’s express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

11. Copyrights: The Sponsor respects the intellectual property rights of others, and asks that all Players do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that the Sponsor can only address infringing materials posted on the App that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the App and used in other mediums prior to the Sponsor removing such infringing content. If a Player believes that his or her work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, he or she will need to provide the following information to the Sponsor’s agent:

(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) A description of the copyrighted work that he/she claims has been infringed;
(c) A description of where the material he/she claims is infringing is located on the App;
(d) The Player’s address, telephone number, and email address;
(e) A statement that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement made by the Player, under the penalty of perjury, that the above information in his/her notice is accurate and that he/she is the copyright owner or duly authorized to act on the copyright owner’s behalf; and

12. Official Rules:
(a) Daily Contest: Each Game contest offered through the App is offered on a twenty-four (24) hour period starting at 12:00:01am UTC and ending at 11:59:59 PM (UTC) (each, a “Daily Contest Period”). All time calculations are based on UTC time.

(b) Eligibility: The Games are open to: (1) persons who are legal residents of one of the Fifty (50) United States, the District of Columbia, Canada (excluding Quebec), and the United Kingdom; (2) are at least eighteen (18) years of age, or the age of legal majority to enter into contracts or participate in games in the jurisdiction in which they reside at the time of entry; and (3) are valid and authorized account holders of a Game Day Account (“Eligible Person”). An Eligible Person’s entry into the Sweepstakes will be deemed to be a representation that the Eligible Person meets all of the eligibility requirements. Officers, directors, managers, and employees of Sponsor, and their respective parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to participate.

(c) Participating in a Game Day Game Contest: The Game Day app offers Eligible Persons a unique opportunity to enter into a contest in which the top 100 players are eligible for a prize upon the end of the contest.

(d) Lives: To enter a contest, a player must have a virtual currency balance at a minimum of 1 life. Lives are virtual only, and do not correlate to any real monetary value.

(e) Payouts: Players may choose to redeem for cash. Once Players accumulate the equivalent of at least Ten Dollars ($10.00) in their Account (the “Minimum Payout Threshold”), they can cash out using PayPal. Any Players with less than the Minimum Payout Threshold will have their Prizes stored in Winner’s Prize wallet (the “Winner’s Prize Wallet”) until they reach the Minimum Payout Threshold in Prize winnings. Winners can have their Prize payments sent to their PayPal account by providing Sponsor their email address (account name). Sponsor is not responsible for lost or forfeited payouts attributed to Player providing incorrect PayPal account information. Prizes will be processed and remitted within seven (7) business days from the date in which a request for Payout is made. Game Day, Inc. may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

(j) Taxes; Prize Replacement: Winners whose aggregate Redeemed Goods values exceed $600.00 in any calendar year is solely responsible for all applicable federal, state and local taxes related thereto and will receive an IRS Form 1099 for the value of all Redeemed Goods. Except for charitable donations, no transferring of Redeemed Goods or accounts will be permitted. For non-cash Redeemed Goods, the Sponsor reserves the right to substitute the Redeemed Good for one of equal or greater value in the event an advertised Redeemed Good becomes unavailable. Any difference between the actual value of any non-cash Redeemed Good and the approximate retail value set forth in the App rules may not be claimed and will not be awarded.

19. Indemnification.Each Player agrees to indemnify, defend and hold harmless the Sponsor, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or User Generated Content by him/her, or (b) his/her use of the App; and/or (c) his/her breach of the terms of these Official Rules (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or a breach by any other person accessing the App using his/her account.

20. Arbitration. ONLY FOR USERS LOCATED IN THE UNITED STATES.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE.

(a) Pre-Arbitration Dispute Resolution. Prior to initiating an arbitration, you and Game Day, Inc. each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. Game Day, Inc. will contact you at the email address you have provided to us; you can contact Game Day, Inc. by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

(b) Agreement to Arbitrate. You and Game Day, Inc. agree that any dispute, claim, or controversy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled through binding arbitration and not in a court of law. You and Game Day, Inc. each hereby agree to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms of Service. This arbitration provision shall survive termination of these Terms of Service. These Terms of Service evidence a transaction in interstate commerce and the interpretation and enforcement of this Section is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in these Terms of Service.

(c) About Binding Arbitration. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review.

(d) Scope of Agreement. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services.

(e) Exceptions. Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies), (ii) bring issues to the attention of federal, state or local agencies, including, for example, the Federal Trade Commission and the California Division of Consumer Services, which agencies may be able to seek relief on a party’s behalf (the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 1825 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210), and (iii) bring suit in court to seek a preliminary injunction or other interim relief pending the outcome of arbitration.

(f) No Class Actions. YOU AND Game Day, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(g) Notice of Dispute. A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Game Day, Inc. must be addressed to the address in Section 12.4 below (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with Game Day, Inc. and must be sent by certified mail. If Game Day, Inc. has no records of such physical address, such notice may be delivered to your Game Day, Inc. account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Game Day, Inc. and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Game Day, Inc. may commence an arbitration proceeding.

(h) Arbitration Proceedings. The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 6.10, and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 11.8. Unless Game Day, Inc. and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, Game Day, Inc. agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.

(i) Costs of Arbitration; Legal Fees.

(ii) Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Game Day, Inc. and the value of the relief sought is ten thousand dollars ($10,000) or less, then Game Day, Inc. will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Game Day, Inc. will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Game Day, Inc. for all such cost and expenses that Game Day, Inc. paid and that you would have been obligated to pay under the AAA rules.

(iii) Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Game Day, Inc. will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

(j) Future Changes. Notwithstanding any provision in these Terms of Service to the contrary, you and Game Day, Inc. agree that if Game Day, Inc. makes any future change to this arbitration provision (other than a change to the Notice Address) Game Day, Inc. will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address described above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.

(k) Special Severability. In the event that the provisions of Section 11.6 above are found to be invalid or unenforceable for any dispute or claim, then, notwithstanding Section 12.3 (“No Waiver”), the entirety of this Section 11 shall be null and void with respect to such dispute or claim and Section 12.2 shall apply in lieu of this Section 11.
21. General Terms

(a) Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America. The parties agree that the Uniform Computer Information Transactions Act as enacted any State of the United States shall not apply to this Agreement or any performance hereunder and the parties expressly opt-out of the applicability of UCITA to this Agreement.

(b) Forum. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or for any other reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a federal court located in Orange County, California, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in Orange County, California. Both you and Game Day, Inc. agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.

(c) No Waiver. The failure of either party at any time to require performance by the other party of any provision of these Terms of Service shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Terms of Service be taken or held to be a waiver of any further breach of the same provision.

(d) Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Game Day, Inc. without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.

(e) Severability. If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and Game Day, Inc. that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

(f) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it.

(g) Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

(h) English Language. Communications and documents, even those from Game Day, Inc., on the Site or through the Services may be in a language other than English. With respect to these Terms of Service, the Privacy Policy, and any other agreement between you and Game Day, Inc., or other policy implemented by Game Day, Inc., the English language version of each of these documents is the version that governs your use of the Services and controls in the event of any conflict.