Joyride Games, Inc. (the "Sponsor") is the sponsor of all contests ("Contests") hosted on the Joyride mobile application (the "App"). By entering into a Contest you ("You" or "User" or "Player") are affirming Your assent to be bound by these General Contest Rules ("General Contest Rules") and the in App terms of any contest.
The Contests are not sponsored, endorsed, administered by, or associated with Apple Inc. or, Google its or their subsidiaries or affiliates .
In general, Sponsor's conduct two types of Contests, play-for-fun contests ("Fun Contests") and skill game tournaments ("Skill Contests").
NO PURCHASE NECESSARY FOR FUN CONTESTS
Fun Contests require no purchase to enter and a purchase will not increase Your chances of winning a Fun Contest. Each Fun Contest will have its own entry requirements, please check with the Fun Contest rules in the App for that particular Fun Contest to see the entry requirements. Some Fun Contests may require an entry of virtual coins, which are given away freely by the Sponsor in periodic increments, and when certain events occur. Virtual coins may also be purchased as a convenience for those that do not wish to wait for periodic or event driven free distributions of virtual coins. There is no difference between the freely distributed virtual coins and coins purchased as a convenience. The virtual coins have no monetary value, cannot be traded by You or other players, and have no known or intended use other than as a mechanism for a form of virtual score keeping.
NO VALUABLE PRIZES FOR FUN CONTESTS
Fun Contests will not have any monetary, intrinsically valuable, or marketable prize with any value. Fun Contests are designed to be played for fun. Some contests will award virtual coins as prizes to winners ("Prize"), but such virtual coins have no monetary, intrinsic or marketable value. Eligible winners shall be determined based on the rules of the particular Fun Contest as such rules are associated with a particular Fun Contest in the App.
SPECIFIC FUN CONTEST EVENTS AND RULES
Each Fun Contest will have its own rules, which are available in the App. Events that allow You to collect virtual coins will be identified in the App. For example, downloading, installing, signing-up, and completing the tutorial in the App is an event that will qualify You for 100 virtual coins. Other events may include watching videos, commenting on posts, or inviting friends. Each event and the virtual coins associated with completing the event will be disclosed and presented in the App.
FUN CONTEST ELIGIBILITY REQUIREMENTS
The Fun Contests are open to anyone in the United States that is at least 18 years old as of the date of entry, subject to these General Contest Rules, the rules disclosed in the App, Joyride Terms of Service and to geographical based eligibility limitations for fraud, legal or other reasons made in Sponsor’s sole discretion. Players that do not meet these requirements may be blocked by, or notified of, applicable geographical limitations at the time of App registration. You are responsible for ensuring that Your participation and the offering of Fun Contests are permissible under the laws and regulations of Your domicile.
Skill Contests shall only be offered to players residing and playing from the U.S. excluding the following jurisdictions: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, Tennessee, Indiana and Maine. Skill Contests may contain an entry fee. Entry fees for a particular contest will be exhibited through the App and must be paid through Your Joyride account (“Deposit Wallet”). When You choose to join a Skill Contest, the entry fee disclosed to You in the App will be deducted from Your Deposit Wallet. Any winnings will be credited to a separate account we will set up for You to hold those winnings using the same log-in credentials You used to create Your Deposit Wallet (“Winnings Wallet”). If You do not have sufficient funds to cover the entry fee in Your Deposit Wallet, we will instead withdraw the entry fee from Your Winnings Wallet, if we receive Your in-App confirmation to do so. Any restrictions on withdrawals from Your Deposit Wallet will be presented in the App.
Except for players that have entered into a Subscription Agreement ("Subscribers"), withdrawal of funds will incur a transaction fee as presented on the App any transaction fees for Subscribers will also appear in the App. All withdrawals will be subject to the terms and conditions of services presented in the App and used by the Sponsor to pay winners.
Skill Contest Disqualification
Sponsor expressly reserves the right to disqualify any players that Sponsor believes in good faith playing by computer generated means, automated means or scripts. Any play found to be conducted in whole or in part using bots, scripts, macros or other automated means is deemed to be cheating and such play will be disqualified if reasonably confirmed my Sponsor. In addition, because we feel so strongly that we need to level the playing field for all our players, old and new, experienced and not so experienced, Sponsor reserves the right to disqualify entries and even temporarily or permanently ban players from future Skill Contests who use communications with others to coordinate their gameplay, who utilize third party databases to research and/or deliver their answers to questions (instead of using what is inside their brain), who play multiple accounts or on multiple devices at the same time, or who generate and distribute, or obtain and use, lists of answers to previous Contests in order to obtain an unfair advantage in a repeated contest situations.
Skill Contest Awards
Awards will be granted to the eligible player with the best performance in a Skill Contest as presented in the rules for a particular Skill Contest as presented in the App ("Awards"). Players from excluded jurisdictions are not eligible to win an Award. In the event there are multiple winners, the grant of the Award will either be determined by a tie breaking test of skill or will be divided among the top performers, such applicable method shall be identified in the rules for a particular Skill Contest as presented in the App.
Winners of Skill Contests that have not been found to have violated these General Contest Rules, the in App Contest rules or engaged in cheating or contest manipulation will win the Award identified for that Skill Contest as presented in the App. Winners of Skill Contests shall be responsible for all federal, state and local taxes on any Awards they receive.
If a user wins any individual or group of Awards with a value of $600 US Dollars or more, the Sponsor will use the winner's registration information to contact the user to obtain the user's US social security number (or compliant statement on the applicable IRS form that the user is not subject to US taxes) in order to file a form with the US Internal Revenue Service about the Award of the Award(s) in compliance with applicable law. Failure to provide Sponsor with the winner's social security number or official statement that the user is not subject to US taxes when requested for a single Award will cause the winner to forfeit their Award and the Award will be given to the player that had the next best performance based on the rules of the Skill Contest presented in the App. Failure to provide Sponsor with the winner's social security number or official statement that the user is not subject to US taxes when requested for a group of Awards will cause the winner to forfeit their Awards and the Awards will be handled in accordance with California laws without regard to its conflict of law principles.
Payments of Awards via PayPal are subject to the winner's compliance with these General Contest Rules, the in App Contest rules, PayPals terms and conditions, as well as the Joyride Terms of Service. Any user who is banned or blocked from using the App after winning a Prize but before the Prize is paid out via PayPal will forfeit their Award and it will be awarded to the player that had the next best performance based on the rules of the Skill Contest presented in the App. To receive a complete list of winners or a copy of the official rules as presented in the app for a particular Skill Contest, send a self-addressed stamped envelope to Joyride Games, Inc., Support, 3790 El Camino Real No 1111 Palo Alto, CA 94306 identifying the particular Skill Contest (including, without limitation, the start time, end time, and subject matter of the Skill Contest) for which You are seeking a list of winners or a copy of the official rules as presented in the App.
General Conditions and Releases
By entering a Contest or accepting a Prize or Award, You agree to conform to all applicable federal, state and local laws and regulations. When requested by Sponsor, the winner of a Fun Contest or Skill Contest will 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 an Award or 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 or Award. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize or Award.
Unless prohibited by applicable law, Your participation in the Contest or acceptance of a Prize or Award 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 or Award constitutes Your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually 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) You 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.
An entrant or winner may be disqualified from a Contest if he or she fails to comply with each provision of these General Rules or the in App rules, as determined in the sole discretion of the Sponsor. Participation in a Contest is at Your own risk. Sponsor shall not be liable for: (1) any computer or technical error of any kind; (2) 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 Your ability to participate in a Contest; (3) 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 a Contest; or (5) any warranty with respect to any Prize or Award or any component thereof.
EACH 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 OR AWARD FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE AWARDS, PRIZES OR SERVICES, AND/OR (D) ANY MATTER BEYOND THE SPONSOR'S SOLE CONTROL.
By entering a 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 Award or Prize, or Your participation in the Contest, or from any misuse or malfunction of any Award or 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 a Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these General Contest Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend a 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, Joyride shall promptly post a notice on the App to such effect. Each Contest shall be governed by California law, without regard to conflicts of laws provisions.
At Sponsor's or Your election, all disputes, claims, or controversies arising out of or relating to these General Contest Rules or a Contest that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Joyride Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these General Contest Rules or the Joyride Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these General Contest Rules and the Joyride Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
By entering a Contest You acknowledge that some Contests rely on the speed with which a player responds to the game in order to determine which players will be awarded points in the Contest or the amount of points awarded. Players have varying Internet connection speeds and Sponsor's servers may not recognize responses as quickly for those slower connecting users than for other users. In addition to the other releases in these General Rules, You hereby release Sponsor from any claims that You should have been awarded any Prize or Award tied in any way to Your Internet connection speed.