STIMULUS APP

(“Stimulus”)

 

CONTEST OFFICIAL RULES 

(the “Official Rules”)

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

The Stimulus app live contest (the "Contest") is sponsored by Stimmy Games, LLC. ("Sponsor"). These Official Rules govern the Contest and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Contest or otherwise assents to these Official Rules (“Entrant”, “you,” “your,” etc.).  Such action or other assent constitutes your agreement to these Official Rules. The Contest is not sponsored, endorsed, administered by, or associated with any third party, including, without limitation, Apple Inc., Google, LLC nor any of their 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.

Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area.  Message and data rates may apply even if your use of a mobile device does not result in Contest entry.

ELIGIBILITY:

Subject to these Official Rules, the Contest is open at the time of entry only to persons who at the time of entering (a) have reached the legal age of majority where they reside, (b) are legal residents of the United States, and (c) have either a valid Social Security number and/or a valid U.S. personal tax identification number. 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), 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 email, Sponsor may try the phone number provided, and if Sponsor is still unable to make contact with the Winner, the Winner may forfeit his/her Prize. If Sponsor 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.

Sponsor 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.

ENTRY PERIOD:

Each individual Contest (each a “Game”) consists of a pre-determined number of trivia questions intended for entrants to answer. Entrants must join the Contest through the Stimulus app on no more than one (1) supported device at a start time (the “Start Time”) determined by Sponsor in its sole discretion.  Each Game will end when all the sponsor-determined trivia questions have been answered by the then-eligible Entrants within the time permitted. Best commercial efforts shall be made to announce each Game’s Start Time via push notification, on the Stimulus app and/or on the Sponsor’s blog, homepage, Facebook wall or other forums; however, it is each potential Entrant’s sole responsibility to know the Start Time of the next Game and to join the Contest no later than the Start Time. All matters related to timing and time keeping shall be based on Sponsor’s servers and Sponsor’s discretion.  Sponsor reserves the right to determine all matters relating to timing and scheduling. 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 (or any additional steps that may be posted or otherwise provided to you by Sponsor):

1. Download and Registration/Log-in: Download or open the Stimulus application downloaded through the Apple Store or Google Play Store on your mobile device, and either (a) if you already have a Stimulus account, log into your existing Stimulus account, or (b) if you do not already have a Stimulus account, sign up for a Stimulus account with a verified phone number. Only one Stimulus account and one Stimulus enabled device is permitted per person. 

2. Entering a Game: Prior to the Start Time of the Game, you will be notified as to when the next Game begins; provided that you grant permission to receive notifications on your device. Prior to the designated Start Time, launch the Stimulus app and leave it open to be automatically entered into the then-current live Game. Stimulus will then automatically match you with other players. You will receive a notification when the Game begins. 

3. Playing a Game: While playing the Game, you will have a Sponsor-determined unit of time to answer each question. If you get the answer right, you will receive points and move on to the next question “round”. If you get the answer wrong, you will not receive points for that question round.You must affirmatively activate the Boost Card based on the criteria set by the Sponsor prior to the next consecutive question.  A Boost Card may be activated based on several Sponsor-determined criteria, including, without limitation, redeeming a Sponsor-specified amount of Stimulus credits available in your Stimulus linked account at the time the Boost Card is offered.  Questions may get progressively more difficult. Winners are determined based on the total amount of points earned during a Game, and points are granted based on correct answers and how fast Entrants answer questions correctly.

4. Play at least one Stimulus Game to completion.

By downloading Stimulus, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with Stimulus’s Privacy Policy and Stimulus’s Terms of Service, and may be shared with Sponsor’s affiliated business entities. All information submitted to the Stimulus Application becomes the property of Sponsor.

By downloading Stimulus, you further agree that use of Stimulus is subject to Stimulus’s Terms of Service and Privacy Policy.

SPINNING THE WHEEL

In each Contest, Entrants are given the opportunity to spin a wheel (the “Wheel”). An Entrant may choose to spin the Wheel by following the in-App prompts. Spinning the Wheel is not required to participate in the Contest.

BOOST CARDS

An Entrant participating in a Contest who has earned, been awarded, or purchased a boost (“Boost Card”) may use that Boost Card to perform a specific action depending on the type of Boost Card used. Neither Boost Cards nor any other purchase or payment are required to participate in the Contest. An Entrant may choose to use a specific Boost Card by following the in-App prompts. Certain Boost Cards only work with specific trivia questions. Boost Cards are not required to participate in the Contest; however, Entrants may purchase Boost Cards at the pricing and type as made available in-App; such pricing subject to change. Entrants agree that Boost Cards have no monetary value and cannot be exchanged for real money, real goods, or real services from Sponsor or anyone else. Boost Cards are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You do not own Boost Cards, but instead you purchase a limited, personal, revocable license to use them. Any balance of Boost Cards does not reflect any stored value. The use of Boost Cards within the Services may be limited as described in the applicable these Official Rules. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Boost Cards at any time without any liability to you. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future Boost Cards and any other forms of unredeemed value in or associated with your account without prior notice to you.

We may revise the pricing for Boost Cards offered through the Stimulus app at any time. We may limit the total amount of Boost Cards that may be purchased at any one time, and/or limit the total amount of Boost Cards that may be held in your account in the aggregate. You are only allowed to obtain Boost Cards from us or our authorized partners through the Stimulus app, and not in any other way. Entrants will receive a daily free Boost Card which will expire daily if not used. Availability and terms with respect to Boost Cards are subject to change.  

The following Boost Cards may be used for their respective actions:

• CLARITY - An Entrant participating in a Contest who has earned, been awarded, or purchased a ‘clarity’ Boost Card (“Clarity”) may use that Clarity to automatically remove one incorrect answer choice from a question. 

• FOCUS - An Entrant participating in a Contest who has earned, been awarded, or purchased a ‘focus’ Boost Card (“Focus”) may use that Focus as an overlay to cover the incorrect portion of a heatmap answer (can only be used on “heatmap” questions).

• CHILL - An Entrant participating in a Contest who has earned, been awarded, or purchased a ‘chill’ Boost Card (“Chill”) may use that Chill to freeze the ‘bonus value’ countdown for the amount of time displayed on the Chill card being used, giving extra time to answer without losing additional points.

• CHANCE – An Entrant participating in a Contest who has earned, been awarded, or purchased a ‘chance’ Boost Card (“Chance”) must use that Chance to play a Game.

PRIZES:

There are two (2) types of prizes (“Prizes”) that entrants may win: the Grand Prize and the Secondary Prize.

1. Grand Prize: One (1) or more Winner(s) of each Game will receive a grand prize (the “Grand Prize”), that will be split equally among the Winners.  The Grand Prize consists of a Sponsor-determined amount cash prize generally with a total ARV of $2,000.00 USD; subject to Sponsor’s Game and Prize compliance verifications.  The value of each Game’s Grand Prize depends on several factors including, without limitation, the number of eligible Contest Entrants, the number of Winner(s), the number of new Entrant referrals made by prior-existing Entrants, and any roll-over Grand Prizes not awarded in prior Games, if applicable. All Winners will split the Grand Prize equally in the case of multiple Winner(s). The Winner(s) of a Game (each a “Winner”) are those Entrants with the highest amount of points at the end of each Game. Entrants earns points through correct answers and answering questions correctly in the quickest amount of time..  Entrants who redeemed a Boost Card and thereafter earned the highest amount of points in the Game by correctly answering all the remaining Game questions shall be treated as Winners as well. Only Winners are eligible to earn a Grand Prize.

2. Secondary Prize: Entrants may have an opportunity to earn one (1) or more secondary prize(s) (“Secondary Prizes”) even if such Entrant is disqualified from winning the Grand Prize.  Secondary Prizes such as Boost Cards and extra Chances may be won by an Entrant by spinning the prize wheel following each Game and as directed through the App. Secondary Prizes may not be redeemed for monetary value.

3. Prizes Generally: 

   • Sponsor will distribute prizes according to the rules for the specific Game 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 Stimulus account. You will need a minimum Prize balance of $5 in your account to cash-out. To receive payment of your accrued Prizes (one minimum amount is met), you must cash-out Prizes through a separate claims process with Sponsor. After each game, the details of each Winner will be automatically sent to Sponsor for verification, communication, and processing. In certain instances involving larger Prizes, at Sponsor’s 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 these Official Rules and Sponsor’s Terms of Service.

   • Each Stimulus 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 Stimulus account can only be associated with one PayPal account. And a PayPal account cannot be associated with more than one Stimulus account. Attempts to associate an Stimulus account with additional PayPal accounts may result in the termination of that Stimulus account and forfeiture of any Prizes awarded.

   • Sponsor will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. Sponsor uses your Stimulus 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 Stimulus account and forfeiture of any Prizes awarded.

   • Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or that violate any of these Official Rules or the Terms of Service. Entries generated by script, macro or other automated means are void.

   • 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 Stimulus 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 Stimmy Games, LLC 10235 W Sample Road, Ste 205, Coral Springs, Florida 33065.

PRIZE SELECTION:

The Contest will be conducted under the Sponsor’s supervision. The decisions of the Sponsor are final and binding in all matters relating to the Contest. The Winner(s) will be notified in the Stimulus Application or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. The Winner(s) must cash-out the Prize within 90 days after notification. A Contest Winner's failure to cash-out the Prize within the specified 90 days will be considered that Contest 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 is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.

GENERAL CONDITIONS AND RELEASES:

Notice to all international visitors: Currently, Contests are only open to Entrants located within the United States. No international participants are permitted to enter and win Contests. You represent and warrant that you are physically located in the United States of America, you are not physically located outside of the United States, and you are not using any method to disguise your location.

In the event that Contests are opened up to international visitors, 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.

Notice to all Entrants: By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. 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, postal address, and birth date in order to receive a Prize.

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such Entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the Winner’s name on a Winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

In order to be eligible for a Prize above $1,000 (a “Large Prize”), Sponsor may require a Winner to, within ten (10) business days of winning the relevant Contest, (i) sign a Liability and Publicity Release as drafted by Sponsor, which may impose obligations beyond those stated in these Official Rules, and (ii) partake in an interview conducted by Sponsor or its agent, providing truthful and accurate information in response to the interview questions, and (iii) be photographed, recorded, taped, filmed, or otherwise visually or audiovisually recorded while partaking in such an interview or in other circumstances to be determined in Sponsor’s sole discretion. A Winner’s refusal to fulfill either any of these obligations shall cause the Winner to be ineligible for the Large Prize and Sponsor may withhold or revoke the awarding of the Large Prize. Sponsor, in its sole discretion, shall reasonably determine the subject, timing, and means of interviewing the Winner.

By accepting the Prize, the winner hereby consents to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of such winner's picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation other than the Prize (or any substitution) offered and accepted. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” 

The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

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 or the Sponsor’s Terms of Service, 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.

ARBITRATION/CLASS ACTION WAIVER:  PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.

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, Stimulus shall promptly post a notice on the Stimulus App to such effect. This Contest shall be governed by Delaware 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 Miami-Dade County, FL, 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), 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 Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules otherwise remain in full force and effect and enforceable.

SPONSOR: Stimmy Games, LLC 10235 W Sample Road, Ste 205, Coral Springs, Florida 33065