NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The OP Trivia Application (the “Contest”) is sponsored by Orthopreneurs (“Sponsor”). The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Subject to these Official Rules, the Contest is open to individual persons who are at least 18 years old as of the date of entry. To be eligible to receive a Prize (as defined below), the information associated with the entrant’s account must be true and accurate. The information associated with the entrant’s account must identify the actual entrant into the Contest. In order to facilitate the delivery of a Prize (as defined below), Orthopreneurs may attempt to contact the winner using the phone number provided during account registration. If Orthopreneurs cannot get in contact with the winner using that phone number, the winner may forfeit his/her Prize. Certain Contests are only open to residents of specific countries. Any person that enters into a Contest that he/she is not eligible to enter may not win a Prize (as defined below) in that Contest.
Employees, agents, and contractors (collectively, “employees”) of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and all persons residing in the same households as employees, including but not limited to immediate family members are not eligible to win the Contest while the employee is employed or engaged by Sponsor and for six months following the employee’s last day working with or for Sponsor.
Entrants may, in certain circumstances, communicate with, work with, or otherwise benefit from others with whom they have a preexisting relationship while participating in a Contest. However, entrants may not communicate with, work with, or otherwise benefit from more than 10 other persons while entering a Contest if the communications between the entrant and those persons is facilitated by any technological means other than those explicitly provided by Sponsor.
Orthopreneurs reserves the right to verify an entrant’s eligibility before, during, or after the Contest.
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
Sponsor will announce Contests through the App from time to time. You may join a Contest while it is live. Sponsor reserves the right to cancel Contests, in our sole discretion, with no restrictions.
HOW TO ENTER:
No purchase or payment is necessary to participate in a Contest. Enter a Contest by completing each of the following steps:
- Download or open the OP Trivia Application downloaded through the Apple Store on your mobile device, and either (a) log into your existing account, or (b) if you do not already have an account, sign up for an account with a verified phone number.
- Click “Join.” You will receive a notification when the live trivia game show match begins. You will have 10 seconds to answer each question. If you get the answer right, you will move on to the next round. If you get the answer wrong, you are eliminated for the remainder of the game.
An entrant participating in a Contest who has earned, been awarded, or purchased an extra life (“Extra Life”) may use that Extra Life to reenter a Contest after being eliminated. By default, an entrant’s Extra Life will be used upon elimination unless the entrant chooses not to use it by following the in-App prompts. Each entrant can only use one Extra Life per game. Neither Extra Lives nor any other purchase or payment are required to participate in the Contest.
The winner of each Contest, upon completion of all verifications and obligation requirements described in these Official Rules, will receive a cash prize, determined in Sponsor’s sole discretion (the “Prize”). Sponsor will distribute prizes according to the rules for the specific Contest entered and players will split Prizes according to those rules (as explained below). You may view the total of all accrued Prizes you have won through your account. You will need a minimum Prize balance of $50 in your account to cash-out. To receive payment of your accrued Prizes (one minimum amount is met), you must cash-out Prizes through PayPal, a third party service. Prize fulfillment will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com . In certain instances involving larger Prizes, at Orthopreneurs sole discretion, you will be contacted directly to receive it by a mutually agreeable method and payment will be subject to a confirmation of the winner’s eligibility to receive a Prize consistent with Sponsor’s Rules.
Each user may establish, maintain, use and control only one account. Each account may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts. In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
Each account can only be associated with one PayPal account.
Orthopreneurs will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. Orthopreneurs uses your account information to contact and verify winners. Out of date or incorrect account information at the time you enter a Contest may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in termination of that account and forfeiture of any Prizes awarded.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any Prizes other than the Prize specified in these Official Rules. The Sponsor does not guarantee that the Prize can be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize. Winners shall provide Orthopreneurs with accurate information regarding their identity and country of residence.
Players must select the correct answer to each question. If a player submits an incorrect answer or fails to select an answer in the allotted time, the player will be eliminated unless the player uses an Extra Life and has not yet used an Extra Life in that Contest. The winner of an OP Trivia Contest will be the last person remaining at the end of each game show match. If there are multiple players remaining after the final question, such remaining players will split the Prize evenly.
GENERAL CONDITIONS AND RELEASES:
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
An entrant or winner may be disqualified from the Contest if he or she fails to comply or has previously failed to comply with any provision of these Official Rules as determined in the sole discretion of the Sponsor. Sponsor, in its sole discretion, may disqualify you from a Contest, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct Sponsor deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other users. Improper conduct includes, but is not limited to: Falsifying personal information, including payment information, required to claim a Prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these Rules, using unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Contest or trying to in any way tamper with the computer programs associated with the Contests; obtaining other entrants’ information and spamming other entrants; and any other form of abuse; or otherwise violating these Rules. You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent Sponsor from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof.
THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Orthopreneurs shall promptly post a notice on the OP Trivia App to such effect. This Contest shall be governed by Texas law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in Dallas, TX, by and under the Commercial Arbitration Rules for arbitration of consumer-related disputes (which can be accessed at www.jamsadr.com or by calling 1.800.352.5267)s, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Rules otherwise remain in full force and effect and enforceable.