NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The Tally Application contest (the "Promotion") is sponsored by TraceMe Inc. ("Sponsor"). The Promotion is not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Subject to these Official Rules, the Promotion is open only to individual persons who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) and a legal resident of the 50 United States or DC as of the date of entry ("entrant," "you," or "your"). 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 Promotion. In order to facilitate the delivery of a Prize, Sponsor may attempt to contact the winner using the email or phone number provided during account registration. If Sponsor cannot get in contact with the winner using that phone number or email address, the winner may forfeit his/her Prize. Any person that enters into a Promotion that he/she is not eligible to enter may not win a Prize in that Promotion.
Current directors, officers, members, 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 Promotion, and all persons residing in the same households as employees for at least 3 months, including but not limited to immediate family members (spouse, parent, child, sibling, grandparent, and "step" child) are not eligible to win a Prize in the Promotion while the employee is employed or engaged by Sponsor and for six months following the employee's last day working with or for Sponsor. Any persons with inside information around the outcome of events referenced in a Contest are not eligible to win a Prize in the Promotion. All NFL players, owners, coaches, officials, athletic trainers, game-day stadium personnel, and all other NFL and team staff are not eligible to win a Prize in the Promotion.
Sponsor reserves the right to verify an entrant's eligibility before, during, and/or after the Promotion.
The Promotion will begin November 1, 2018 at 6am PT and end on February 4, 2019 at 5:59am PT and consist of individual, separate games to be announced by Sponsor through the App from time to time (each, a "Contest"). You may join a Contest while it is active and open for entrants. Sponsor reserves the right to cancel the Promotion, or any Contest in the Promotion, in our sole discretion, without any restrictions.
No purchase or payment is necessary to participate in the Promotion. Enter a Contest in the Promotion by completing each of the following steps:
For a given Contest, you will see multiple predictions for events or outcomes within an event available for you to answer. Click on or enter one possible answer for at least one prediction and you will be entered in the applicable Contest against all other eligible Entrants who have also entered the Contest. Entries will lock at the designated time the Contest is scheduled to begin (as indicated in Tally) and no changes to predictions may be made after that time.
Contest Prizes: Subject to verification by Sponsor, the first-place winner of each Tally Contest will receive a prize of $100 unless otherwise announced by Sponsor in the Tally app before the Contest begins (the "Prize"). In the case of multiple winners of a Prize (as explained below), such players will split the Prize evenly. Sponsor may also award 2nd and 3rd place prizes if announced by the Sponsor in the Tally app before the Contest begins.
Jackpot Prize: Additionally, each week, any player that correctly predicts answers to all offered predictions for a given Contest held during that week, will receive a prize of $5,000 unless a different amount is otherwise announced by Sponsor before the Contest begins (the "Jackpot Prize"). In the case of multiple winners of a Jackpot Prize (as explained below) in a given week, such players will split the Prize evenly. For purposes of the Jackpot Prize, a week is defined as Contests that lock beginning Tuesday at 12:00:01am PT and ending on Monday at 11:59:59pm PT.
Each Tally 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 Tally account can only be associated with one PayPal account and a PayPal account cannot be associated with more than one Tally account. Attempts to associate a Tally account with any additional PayPal accounts may result in the termination of that Tally account and forfeiture of any Prizes awarded.
Tally will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. Tally uses your Tally account information to contact and verify winners. Out of date or incorrect account information at the time you enter a Promotion 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 Tally account and forfeiture of any Prizes awarded.
Decisions of the Sponsor are final and binding with respect to all matters related to the Promotion. In no event shall the Sponsor be obligated to award any Prizes other than the Prize specified in these Official Rules. The maximum possible payout by the
Sponsor during the promotion is $138,900. 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 will select alternate winners as described in the "Verification of Winner" section below. The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize. Winners shall provide Tally with accurate information regarding their identity and country of residence. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to TraceMe Inc. 710 2nd Avenue, Suite 620, Seattle WA 98104.
There are two types of winners, as follows:
Contest Winners: The highest ranked player based on earned points within each Contest at the end of each Contest will receive the Prize. If there are multiple entrants tied for the Prize, such players will split the Prize evenly. Prizes for rankings other than first place (e.g., 2nd place, 3rd place, etc.) will also be split evenly if there are multiple entrants tied for that ranking. For example, if the final scores of a Contest are as follows: Player A = 100 points; Player B = 100 points; Player C = 90 points; Player D = 80 points, Player E = 80 points; then the prizes would be awarded as follows: Players A and B will evenly split the 1st place prize; Player C will be solely awarded the 2nd place prize; Players D and E will evenly split the 3rd place prize. For any Contest with a non-cash Prize, if there are multiple entrants tied for the rank that earns such prize, there will be a random drawing to determine a single winner.
Jackpot Winners: Any players that have correctly answered all offered predictions for any single Contest within a category during the week (as defined above) will receive the Jackpot Prize. If there are multiple entrants that correct answered all offered predictions for a single Contest within the same category (e.g., NFL or NCAA Football), such remaining players will split the Jackpot Prize evenly.
The Promotion will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Promotion. The winner will be notified in the Tally Application, by email, or by Short Message Service (SMS) at the telephone number verified during Tally account creation; provided, however, that Sponsor reserves the right to determine an alternate method of notification. The winner must cash-out the Prize within 90 days after the date that Sponsor has notified winner that no further action is needed to receive the prize (e.g., after completion of the Affidavit of Eligibility and a Liability and Publicity Release, as described in the "Verification of Winner" section below). Promotion winner's failure to cash-out the Prize within the specified 90 days will be considered such Promotion winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all. If an entrant does not respond to Sponsor's original notification within the timeframe specified by Sponsor in such communication, is found to be ineligible, or does not otherwise provide the information requested, Sponsor will select alternate winners as described in the "Verification of Winner" section below.
Verification of Winner: When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. The winner may be required in Sponsor's sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize. If you do not complete and return documents requested by Sponsor in the specified time frame, Sponsor will select an alternate winner (or winners in the case of a tie) based on the highest number of points as set forth above. Only one alternate winner will be selected for each Contest Prize, after which the Prize will not be awarded. If, by reason of a print or other error, more Prizes are claimed than the number set forth in these Official Rules, the Prize will be awarded to the person with the highest score as specified above from among all eligible claimants making purportedly valid claims to award the Prize available.
Participation in the Promotion is at entrant's own risk. Sponsor and its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the "Released Parties") 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 Promotion; (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 Promotion; 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 PROMOTION.
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 Promotion, you agree to and hereby do release and hold harmless Sponsor and 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 Promotion, 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 Promotion 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 Promotion should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Promotion. In the event of cancellation or suspension, Tally shall promptly post a notice on the Tally App to such effect. By entering the Promotion or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
This Promotion shall be governed by Washington State law, without regard to conflicts of laws provisions. By participating in this Promotion, you agree that any dispute or litigation arising from or relating to this Promotion shall be determined by binding arbitration only in Seattle, WA, by and under the American Arbitration Association's rules for arbitration of consumer-related disputes, 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. For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope to the address below (Residents of VT may omit return postage).
TraceMe Inc., 710 2nd Avenue, Suite 620, Seattle, WA 98104. The Promotion and all accompanying materials are copyright © 2019 TraceMe Inc.