Playbite Giveaway Terms

Official Rules

ENTRANTS MUST BE AT LEAST 13 YEARS OLD (AND IF A MINOR, HAVE CONSENT FROM HIS OR HER PARENT OR LEGAL GUARDIAN) TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THESE SWEEPSTAKES (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

ENTRY VIA THE PLAYBITE APP. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY APPLE, INC.

BY ENTERING THE SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

GENERAL

1. Sponsor

The Playbite Giveaways (the “Sweepstakes”) are sponsored by Playbite, Inc., 1901 S Brentwood Blvd, Brentwood, MO 63144 (“Sponsor” or “Playbite”).

2. Eligibility

The Sweepstakes are open only to legal residents of any of the fifty (50) United States, or the District of Columbia, who are at least thirteen (13) years of age and the age of majority in their state of residence on the date of entry and who have an Eligible Playbite Account. Anyone between the ages of 13 and 17 or who is under the age of majority in their State of residence (a “Minor”) must obtain the permission of his or her parent or legal guardian (“Parent”) to enter and to redeem a Prize. An “Eligible Playbite Account” means a Playbite account that has been created by signing up via email on the Playbite app. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Sweepstakes Entities”) are not eligible. For the purposes of the Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).

3. Sweepstakes Period

The “Sweepstakes Period” run constantly in 24 hour cycles, starting each day at 8 PM Eastern Time (“ET”) and ending on 7:45 PM ET the next day, or until the Prize (defined below) is completely disbursed, whichever occurs first. Prize Winners (defined below) will be selected during the Sweepstakes Period.

4. How to Enter

To participate and enter Sweepstakes, you will need an Eligible Playbite Account. Up to twenty five (25) entry per person/account.

If you don’t already have a Playbite Account, visit the Apple App Store and download the Playbite app. It is free to download. By submitting your information and creating a Playbite account, you will be required to agree to the Playbite terms of service and privacy notice. If you do not agree to the Playbite terms of service and privacy notice, you cannot create a Playbite Account.

To enter the Sweepstakes, eligible individuals (“Entrants”) may deposit 2,500 tickets in exchange for 1 entry. Every user gets tickets for playing games in the app by themselves or with friends, and no purchase is ever required to obtain tickets.

Additional Free Alternate Means of Entry:

Alternatively, Entrants will be able to obtain a free Sweepstakes Entry by hand printing their name, complete address, zip code, telephone number and date of birth on a plain 3″ x 5″ piece of paper, and mailing that entry in a hand-addressed stamped envelope to: Playbite, Inc. “Playbite Giveaway”, 1901 S Brentwood Blvd, Brentwood, MO 63144.

Sponsor may disqualify entries if the Entry and related account includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Entry or related account which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Apple Inc. or Playbite, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Sweepstakes. For purposes of this Sweepstakes, only Entries that are recorded through Playbite’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. The Playbite database clock will be the official timekeeper for this Sweepstakes. NOTE: Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Sweepstakes in accordance with its online privacy policy, located at https://www.playbite.com/privacy/.

5. Winners Selection

Prize Winners will be chosen at random. Your odds of winning depend on the number of eligible Entries received.

6. Winner Notification

The Prize Winners will receive a notification stating that they won. Prize Winners can open up their Playbite account to view their prize and complete any missing delivery information (a “Winner Notification”).

If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner cannot attend or participate in any portion of the applicable Prize, or if the potential Winner fails to respond to a Winner Notification and/or to sign and return the Affidavit (if required) within the time periods set forth herein, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to five (5) alternate winners for the applicable Prize, at which point the applicable Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.

Prize

Prizes will range from consumer goods to digital codes with values between $1 USD and $299 USD (the “Prizes”).

The value of this prize may constitute taxable income and winners are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state, and local). Winners may be required to provide upon the request of the Sponsor certain information to facilitate receipt of the prize, including completing and submitting any tax or other forms (including but not limited to Form W-9), necessary for compliance with applicable withholding and reporting requirements. Under applicable law, Sponsor may issue an Internal Revenue Service Form 1099 (or other appropriate form) that reflects the value of the prize.

Approximate Retail Value (“ARV”) of Prizes will range between: USD $1 and USD $299.

The Prize Winners will receive their prize in the mail at any time throughout the Sweepstakes Period.

All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. If the Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of the Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.

Licenses and Approvals

Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releases from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME AND PHYSICAL ADDRESS, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.

Limitation of Liability

The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Sweepstakes-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s e-mail account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, Entrant’s sole remedy is another Entry in the Sweepstakes.

AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SWEEPSTAKES ENTITIES, APPLE, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS 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 OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

Additional Disclaimers

Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Prize Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

Disputes and Governing Law

BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in San Francisco, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising from or relating to this Sweepstakes or these Official Rules.

General Rules

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Sweepstakes, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Playbite Account as applicable, of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion Any damage made to the Website or the Apple app store service will be the responsibility of the registered account holder of the e-mail address for the Playbite Account, as applicable, submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.

Official Rules and Winner List

For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to Playbite Giveaway ATTN: Official Rules (or “Winner’s List”) Request, 1901 S Brentwood Blvd, Brentwood, MO 63144. Rules requests must be received no later than one month after the end of the Sweepstakes Period and winner’s list request must be received within three (3) months of the end of the Sweepstakes Period. Vermont residents may omit return postage for rules request.