AGREEMENT ON OFFICIAL RULES -- IBBLE
IMPORTANT: READ CAREFULLY
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. THE FOLLOWING GAMES ARE INTENDED FOR VIEWING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. DO NOT PROCEED IF YOU ARE NOT LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA.
NOTICE: THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, INDEMNIFICATION PROVISIONS, WAIVERS OF CLASS ACTION, WAIVERS OF JURY TRIAL, AND BINDING ARBITRATION. THE PROVISIONS OUTLINING THESE TERMS ARE FOUND IN SECTIONS 4 AND 5. THESE PROVISIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT.
1. Your Consent
You agree to the terms and conditions contained in these Official Rules, in their entirety, each time you: (a) affirmatively consent to this Agreement; or (b) start or otherwise participate in any of the Ibble Games. You may print these Official Rules for your records. Violations of these Official Rules may result in suspension or termination of your user account on the Service or forfeiture of Prizes (as defined below) and disqualification from the Ibble Games.
You must review these Official Rules in their entirety prior to using any Ibble Games. We may amend these Official Rules from time to time in our sole discretion, without specific notice to You, provided, however, that this discretionary right is limited in that any amendment or modification to the arbitration provisions, prohibition on class action provisions, or any other provisions applicable to dispute resolution shall not apply to any disputes prior to the applicable amendment or modification. Your continued use of any Ibble Games is contingent upon Your agreeing to comply with all of the terms and conditions contained within these Official Rules effective at that time.
The Ibble Games are available only to individuals who: (a) are legal residents of, and that physically reside in, the United States (unless further restricted by the Game Rules (as such term is defined below) or unless otherwise prohibited by law); (b) are at least, at the time that they access the Ibble Games: (i) 18 years of age, except for those individuals located in: (A) Alabama and Nebraska, who must be 19 years of age; and (B) Massachusetts, who must be at least 21 years of age; or (ii) the age of majority in their respective jurisdiction at the time of entry, if the age of majority is greater than 18 years of age in that jurisdiction; (c) can enter into legally binding contracts under applicable law; (d) are not an employee of Ibble, our affiliates, partners, or consultants, nor (i) an Immediate Family Member of any such employee, affiliate, partner, or consultant. "Immediate family member" shall refer to parents, step-parents, children, step-children, siblings, and spouses; or (ii) a person living in the same household as such employee, affiliate, partner, or consultant. Living in the same household shall refer to people who share the same residence for at least three (3) months a year; and (e) do not have access to any Ibble information or systems in a way that may create or does create an unfair advantage in any Ibble Game (collectively, "Eligibility Requirements"). If you do not satisfy all of the Eligibility Requirements, you may not access, use, or otherwise interact with the Ibble Games.
NO PURCHASE IS NECESSARY TO PARTICIPATE. WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN AN IBBLE GAME IS NOT PROHIBITED BY ANY LAW APPLICABLE TO YOUR RESIDENT JURISDICTION PRIOR TO PARTICIPATION IN AN IBBLE GAME.
You shall, at all times pertinent, ensure that You have an Internet connection, computer/mobile device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware, or other equipment necessary to access or use the Ibble Games. We do not guarantee the quality, speed, or availability of the Internet connection associated with any mobile device or computer. We do not guarantee that Ibble Games can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to Your use of the App. You are fully responsible for all such charges and agree We have no liability or responsibility to You whatsoever for any such charges billed by your wireless carrier or internet service provider.
3. Registration & Prizes
You shall not access, use, or otherwise interact with the Ibble Games unless you have opened a user account on the Service. Registering a user account is free.
You shall provide true, accurate, current and complete information, as necessary, in order to maintain it in up to date and accurate fashion.
You may be asked to answer survey questions or provide feedback and thoughts on topics. This is optional. You are not required to answer questions or to provide feedback to be eligible to play in an Ibble Game.
3.1 Games of Skill. The Ibble Games are contests of skill between and among registered users ("Participants"). This means that the results of each Game are determined by the knowledge of the Participants and their ability to, given that knowledge, predict the outcome of future events ("Questions") accurately.
3.2 Game Rules. The Ibble Games are subject to these Official Rules but may also be subject to additional rules (“Game Rules”) applicable to the relevant Ibble Game as listed by Ibble in connection with such Ibble Game. These Game Rules may include, but are not limited to, certain specific terms, conditions, and restrictions including, without limitation: (a) the minimum/maximum number of Participants; (b) the applicable Prize amount and number of winners; (c) the applicable Ibble Game duration; (d) whether or not the Ibble Game is a head-to-head or tournament-style Game; and (e) whether the Game incorporates a Leaderboard (as defined below). Ibble Games may have a limited number of openings, and Participants will be accepted on a first come, first served basis.
3.3 Prizes. The prizes for each Ibble Game may consist of cash or other valuable consideration as specified (the "Prizes" and each a “Prize”). Unless otherwise provided, winners will be credited Prizes within a reasonable time following completion of an Ibble Game.
3.4 How to Enter. In order to enter an Ibble Game, you must download the App and set up an account, according to the contractual understanding between You and Us. Once you have established an account, you may participate in any Ibble Game.
3.5 How to Play. Eligible participants will have the opportunity to review business and economic information and related current event news and view related commentary. Next, such participants may answer a series of certain questions relating to anticipated performance of certain stocks, currencies and/or commodities (the "Game Questions"). If you correctly predict the answer to each relevant Game Question on the App within the given timeframe and otherwise according to the applicable Game Rules, you will be a winner of that Ibble Game. The number of winners of a given Ibble Game will depend on the number of individuals who select the correct answers to the applicable Game Questions on the App within the given timeframe and any stated Prize will be split evenly amongst all winners of such Ibble Game.
3.6 Ibble’s Authority. Ibble Games are subject to cancellation by Us, at our sole discretion, at any time prior to the start of any Ibble Game and during play due to events beyond our control. The decisions of Ibble relating to Ibble Games are final and binding. Ibble reserves the right in its sole discretion, to modify and/or suspend any Ibble Games and to disqualify any Participant who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Ibble may lock out a Participant who, in Ibble's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
3.8 Tax Liability. Prize winners will be solely responsible for any tax liability associated with the applicable Prizes. We may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your total net winnings in any calendar year equals or exceeds Six Hundred Dollars ($600.00). Depending on the state in which you reside, We may also send you additional federal or state tax forms. You are solely responsible for paying all federal, state, and other taxes in accordance with all applicable law.
3.9 Award of Prizes. Prize winners must provide the following information to enable Ibble to award the Prizes: (a) Your full name; (b) Your e-mail address; (c) Your PayPal or other specified payment processing platform account information; and (d) any other information requested by Ibble that is reasonably necessary to confirm you are eligible to receive the Prize and to enable Ibble to provide the Prize to you or as may be required by the Internal Revenue Service or state taxing agencies.
3.10 Entry Errors/No Return of Entries. Ibble is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, all of which will be disqualified. Ibble is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Ibble Games, including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. In the event of a dispute, the authorized account holder at the time of entry will be deemed to be the Participant. Potential winner may be required to show proof of identification, and Ibble may require that the potential winner provide proof that his/her identification matches the user Information associated with the winning entry (both at the time of entry and at the time of verification of a potential winner). IBBLE RESERVES THE RIGHT TO DISQUALIFY ANY POTENTIAL WINNER IF IT DETERMINES, IN ITS SOLE DISCRETION, THAT ANY USER INFORMATION WAS CHANGED OR FALSIFIED IN ORDER TO MEET ELIGIBILITY REQUIREMENTS.
3.11 POTENTIAL WINNER. ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY IBBLE, WHOSE DECISIONS ARE FINAL. IBBLE SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. IBBLE WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID. Potential winner will be notified via email sent within five (5) business days following the end of the relevant Ibble Game. It is the sole responsibility of the Participant to notify Ibble if his or her e-mail address has changed. A potential winner will be disqualified if (i) he/she does not comply with these rules (or is otherwise determined to be ineligible), (ii) the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3.12 Affidavit of Eligibility/Liability Release. As a condition of receiving a prize, potential winner may be required to complete, sign and return an affidavit of eligibility, a liability release, and, except where prohibited, a publicity release, within fifteen (15) days of the date stated on the prize notice. Except where prohibited, participation in any Ibble Game constitutes Participant's consent to Ibble’s, and any of their respective agents', use of Participant’s name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
4. Void Where Prohibited
Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Ibble reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
5. Dispute Resolution, Class Action Waiver, and Arbitration
5.1 General. This Section applies to each and every Dispute. For purposes of these Official Rules, the term "Dispute" will be given the broadest possible meaning allowable under applicable law and shall mean any claim, dispute, action, or other controversy between you and us concerning these Official Rules, the subject matter of Your agreements with Ibble, or any product, service or information We make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, except for claims, disputes, and controversies relating to the enforcement or validity of our intellectual property rights. In the event of a Dispute, You or Ibble must give the other party a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to: Ibble, Inc. 1705 Guadalupe St. Suite 400 Austin TX, 78701. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Ibble will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. We may choose to provide you with a final written settlement offer after receiving your Notice of Dispute ("Final Settlement Offer"). After sixty (60) days, either you or Ibble may commence an arbitration proceeding to resolve the Dispute, as set forth below.
5.2 Binding Arbitration. If You and Ibble do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S. Code section 1 et seq., and the provisions of this Section 5. The Dispute will be resolved by a neutral arbitrator whose decision will be final except where appeal is required by applicable law.
5.3 Class Action Waiver. To the maximum extent permitted under applicable law, any proceedings to resolve any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Ibble will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it will not apply to those parts. Instead, those parts will be severed and will proceed in a court of law, with the remaining parts proceeding in arbitration.
5.4 Arbitration Procedure. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. An AAA Demand for Arbitration may be found on the AAA website located at: www.adr.org. Any in-person hearing in the arbitration will be held in your county of residence if you reside in the USA. Either You or Ibble may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving Ten Thousand Dollars ($10,000.00) or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. You and Ibble hereby agree to accord this arbitration agreement the broadest scope permissible under applicable law and that it shall be interpreted in a non-restrictive manner. The arbitrator will determine whether a claim or controversy is a Dispute that is subject to arbitration. The arbitrator may award the same relief to you individually as a court could award. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress or pain and suffering, punitive damages, or indirect, incidental or consequential damages. Each party shall bear its own attorneys' fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; provided, however, that the arbitrator may otherwise award you reimbursement of your reasonable attorneys' fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator and AAA. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and, if requested by either party, a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a Dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal; (ii) obliging the other party to participate in the arbitration proceedings; (iii) requesting any type of conservative or interim measure in connection with the Dispute prior to the constitution of the arbitral tribunal; (iv) requesting the appearance of witnesses and/or experts; and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a Dispute were determined by litigation in court including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. In the event of any conflict between the applicable arbitration rules and the terms of this arbitration provision, the terms of this arbitration provision will control. You may opt-out of these Dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the date You first accesses the App or Ibble site, whichever is first.
5.5 Disputes to be Filed Within One Year. To the extent permitted by applicable law, arbitration of any Dispute must be initiated within one (1) year from the date the cause of action accrued. If a Dispute is not initiated within one (1) year, it will be permanently barred.
5.6 Equitable Relief. You agree that we would be irreparably damaged if the terms of this Section 5 are not specifically enforced. Therefore, in addition to any other remedy that We may have at law, and notwithstanding our agreement to arbitrate Disputes, We will be entitled, without bond or other security, or proof of damages, to seek appropriate equitable remedies with respect to Your violation of these Official Rules in any court of competent jurisdiction.
6. General Terms
6.1 Governing Law. The laws of the State of Texas shall govern the enforcement and interpretation of these Official Rules without regard to its conflict of law principles. The exclusive venue for any action related to this Agreement shall be in the state and federal courts located in the County of Travis, State of Texas and the parties irrevocably submit to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction, including without limitation objections based on venue, jurisdiction or an inconvenient forum.
6.2 Assignment. You shall not assign your rights or obligations under these Official Rules, expressly or by operation of law, without the prior written consent of Ibble. Any attempted or purported assignment or delegation without such required consent will be void and deemed a material breach of these Official Rules.
6.3 Other Agreements. These Official Rules governs your use of the Ibble Games only, any other contractual agreements between You and Ibble remain in effect.
6.4 Reformation. If any of the provisions of these Official Rules are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Official Rules, so that these Official Rules shall remain in full force and effect.
6.5 No Waiver. Ibble’s failure to insist on or enforce strict performance of these Official Rules shall not be construed as a waiver by Ibble of any provision or any right it has to enforce these Official Rules, nor shall any course of conduct between Ibble and you or any other party be deemed to modify any provision of these Official Rules.
6.6 No Third-Party Beneficiaries. These Official Rules shall not be interpreted or construed to confer any rights or remedies on any third parties.
6.8 Indemnification. By participating in any Ibble Games or receiving a prize, You agree, at your own cost and expense, to indemnify and hold Ibble and its directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (a) your breach of these Official Rules; (b) any unauthorized or improper use of your Account or Ibble’s Service by any person including yourself; (c) your violation of applicable law; (d) any failure by you to provide accurate and up-to-date Registration Data, including legal name, billing address, credit card information, date of birth, and social security information; or (e) your negligence or misconduct. If We instruct You in writing, You will, at Your cost and expense, defend Us from any of the foregoing using counsel reasonably acceptable to Us.