OFFICIAL RULES
PLAY SAVVY, INC.
OFFICIAL RULES
PLAY SAVVY, INC.
The Play Savvy Official Rules are integrated into and made a part of the Terms and Conditions. The Terms of Conditions include important provisions that concern dispute resolution (including a mandatory arbitration provision and a class action waiver), limitations of liability, and indemnification obligations. Please review the Terms and Conditions carefully before entering into any Contests.
Apple and Google are not sponsors, administrators, or affiliated with any Play Savvy contests and promotions, and bear no responsibility for their conduct or prizes.
ENTRY VIA PLAY SAVVY ACCOUNT AND INTERNET CONNECTION ARE REQUIRED.
BY ENTERING THE CONTESTS YOU (“PLAYER”) AGREE TO THESE OFFICIAL RULES (THE “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.
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 Play Savvy app or through social media channels from time to time. Sponsor has no obligation to provide any prior notice before beginning a Contest. It is your responsibility to monitor for announcements or the start of any Contest. Sponsor reserves the right to cancel Contests, in its sole discretion, with no restrictions, or liability to any person, player, or entity. Any entry fees prepaid for a Contest that is cancelled will be refunded.
Play a Contest by completing each of the following steps:
Login to your Play Savvy app and navigate to the Play Savvy game of choice.
Engage with the game on the app at the appropriate time
When the Contest begins, you will have a set amount of time (e.g. 10 seconds) to answer each question, puzzle, skill (this amount of time may vary between Contests).
Answer questions, puzzles, skills correctly to earn points, and accumulate the most points to win a pre-determined and previously disclosed Prize.
Play Savvy will verify your gameplay and score for accuracy and any system errors before declaring you a Winner. If you are a Winner, follow the prompts and provide the requested information and click “submit” to receive your Prize or your portion of the Prize.
Your player username will be displayed throughout the duration of each Contest. If you do not wish for your username to be displayed, do not participate in the Contest. A player is allowed 1 entry into each Contest, and cannot use multiple accounts to participate.
In an optional “split” Prize format, each Winner will receive their pro rata portion of the total Prize for that Contest. If there is one Winner, that Player will receive the entire Prize. If there are multiple Winners they will split the Prize evenly.
In a “flat” Prize format, each Winner will receive an equal Prize amount (e.g. $100 per Winner). Sponsor will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. Sponsor will use 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. The Prize may be paid out by Sponsor or a designated third party. If by a third party, Winners must also follow any instructions or requirements of such third party to collect their portion of the Prize.
The Prize Winners will receive their Prize as a physical check or electronic transfer. Prizes will be distributed on a weekly basis, and Prize winners may not receive the Prize on the week it is won. Prizes will expire if they are not claimed within 90 days of winning.
Beating the host or scoring the most points does not guarantee a Prize, as after the Contest, the Savvy team will determine the final outcome of the game and inform the winner(s) of the outcome by email provided by the user during sign-up
Sponsor expressly reserves the right to disqualify any participation that it reasonably believes are generated by an automated means or scripts or that violate any of these Official Rules or Sponsor’s terms of service. Participation generated by script, macro, virtual assistant, AI agent or other automated means are void. Also, cheating, hacking, exploiting bugs or glitches, and generally unfair activities are voidable offenses, as specified in our Terms of Service.
Decisions of the Sponsor are absolute, 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 before the start of the Contest. The Sponsor does not guarantee that the Prize can be made available to any 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 Sponsor with accurate information regarding their identity and state or country of residence.
In order to facilitate the delivery of a Prize, Sponsor may attempt to contact the winner using the contact information provided during account registration. If Sponsor cannot get in contact with the winner using that phone number, the winner may forfeit his/her Prize. If the winner's entry contains any erroneous information, Sponsor will not re-attempt payment that was rejected or returned as undeliverable. The prize will be forfeited if the prize winner's information is erroneous. 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 in that Contest.
Depending on the contest the host may play against the Player.
PLAYER FURTHER ACKNOWLEDGES THAT IF PLAYER IS CHOSEN AS A WINNER, PLAYER’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO PLAYER’S NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH PLAYER AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, CONTEST ENTITIES, 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 CONTEST 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.
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:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Pre-Filing Requirement to Attempt to Resolve Disputes
Before an arbitration is commenced, you or Play Savvy agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Official Rules. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Play Savvy should be sent by mail to Play Savvy, Inc., Attn: Arbitration Provision, 9041 Garland Rd #1042. Dallas, TX 75218. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account username; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. If either party elects small claims court, the dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City and County of Dallas, Texas, or federal court for the Northern District of Texas, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Scope of Arbitration.
If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “Desk/Documents Only” arbitration) (the “AAA Rules”), including Rule D-3(b), except you and Play Savvy, Inc. will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, and for disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Official Rules (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court
Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA but before an arbitrator has been selected, the other party can send a written notice to the opposing party that it wants the Dispute decided by a small claims court. After receiving this notice and consistent with Consumer Rule 9, the AAA will administratively close the case.
Arbitration Procedures
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will take place as close to your hometown as practicable. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Play Savvy values your privacy https://www.playsavvy.live/legal/privacy.html, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees
In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Play Savvy also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
Opt Out.
You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after entering this Contest. The Opt Out must be mailed to Play Savvy, Inc., Attn: Arbitration Provision, 9041 Garland Rd #1042 Dallas, TX 75218 (please note that any correspondence not related to opting out sent to this address will not receive a reply). The notice must include your username and the email address(es) you used to sign up and use the Services. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Official Rules, Play Savvy Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.
Court Proceedings
Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Dallas, Texas, or federal court for the Northern District of Texas.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST 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.