Terms and Conditions
PARTICIPATING LOCATION OFFICIAL RULES AND TERMS OF SERVICE
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Contest is open only to those who are present at a participating location (“Participating Location”) and who are at least 18 years of age (or 21 years of age where required) as of the date of entry. The Contest is open to legal residents of the United States, and is void where prohibited by law. Employees of BarSharp, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. The Contest is void where prohibited.
2. Agreement to Rules: By participating, the contestant (“You”) agrees to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of BarSharp as final and binding as it relates to the content of this Contest.
3. Contest Period: Provided You are at a Participating Location, entries will be accepted through the mobile app starting at the time that the contest becomes available for login. Login will become available on the day of the Contest, no later than one (1) hour prior to the scheduled sporting event’s start time and ending at the end of the sporting event in question. Entries may be received at any time You are at a Participating Location throughout the duration of the Contest.
4. How to Enter: You may participate in a Contest by being present at a Participating Location and either (i) signing on through Facebook or Google after having registered with BarSharp; or (ii) logging in with your email address and a username. You must be present at a Participating Location to enter a Contest. The Contest is played by selecting answers on the mobile app before a question locks. A question is deemed to be locked once a lock icon appears and the question box is grayed out. The time that a question locks is subject to change throughout the duration of the Contest. You may change your answer to any question up until the time the question locks. Each contestant must fulfill all Contest requirements, as specified, including any additional requirements specified by the Participating Location, to be eligible to win a prize. Entries that do not adhere to these Rules or specifications may be disqualified at the sole discretion of BarSharp or the Participating Location. If You use fraudulent methods or otherwise attempt to circumvent these Rules, your submission may be removed from eligibility at the sole discretion of BarSharp.
5. Prizes: The Winner(s) of the Contest (the “Winner”) will receive the prizes for the Contest as posted by the Participating Location. Prizes will be posted on the prizes page of the app as soon as the results of the Contest become available. The specifics of the prize shall be solely determined by BarSharp and the Participating Location. No cash or other prize substitution shall be permitted except at BarSharp’s sole discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission by Winner for BarSharp and Participating Location to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Grand Prize: The Grand Prize may be won only by correctly answering all 23 questions in one Contest. The Grand Prize may have multiple or no Winners. If no participant answers all 23 questions correctly, there will be no Grand Prize awarded for that Contest. If multiple participants answer all 23 questions correctly, each of those participants will split the Grand Prize evenly.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner(s) will be selected based on the highest number of points. Each question answered correctly awards one point. The player(s) at a Participating Location with the most points at the end of the Contest will be awarded prizes as determined by the Participating Location. Any ties will be settled with the tie breaker question with the participant providing an answer that is closest to the actual result being declared the winner. If a tie still exists for a prize position at a Participating Location, the second tie breaker will be applied. The second tie breaker is determined based on which entry signed into the Contest first. The second tie breaker will not be applied for the Grand Prize, only for the positional prizes. The number of prizes being awarded for the Contest will be determined by the Participating Location and will be posted on the prizes page of the app. Winner will be notified on the prizes page of the Contest and by message within the app upon the completion of the Contest. BarSharp shall have no liability for Winner’s failure to redeem their prize or for the failure of the Participating Location to award a prize. If Winner fails to claim the prize within 2 hours of the conclusion of the Contest, the prize may be forfeited at the discretion of BarSharp and the Participating Location. The Grand Prize may be redeemed within seven (7) days of the conclusion of the Contest and if Winner fails to claim the Grand Prize within seven (7) days of the conclusion of the Contest, the Grand Prize may be forfeited at the discretion of BarSharp. To redeem the Grand Prize, Winner shall email BarSharp from the same email account which they used to register. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT BARSHARP‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering, You understand and agree that BarSharp, anyone acting on behalf of BarSharp, and BarSharp’s licensees (including the Participating Location), successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
9. Terms & Conditions: BarSharp reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should any virus, bug, non-authorized human intervention, fraud, or other cause beyond BarSharp’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. BarSharp reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or app or violates these Terms & Conditions. BarSharp will also disqualify any individual who enters a Contest with multiple entries. Without limiting the foregoing, BarSharp will cancel any game in which twenty-five percent (25%) or more of the questions fail to lock in a timely manner, whether such failure is due to human or mechanical error, and in such event no prizes, including the Grand Prize, will be awarded based upon such game. BarSharp has the right, in its sole discretion, to maintain the integrity of the Contest, including, but not limited to, prohibiting: multiple entries from the same user from different IP addresses; multiple entries from the same phone; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage the app or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, BarSharp reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless BarSharp and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error in the administration of the Contest or the processing of entries; or (vi) any act or omission of any Participating Location.
11. Disputes: THIS Contest IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW PRINCIPALS. As a condition of participating in this Contest, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Travis County, Texas having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
12. Sponsor: The Sponsor of the Contest is BarSharp, headquartered at 6521 St Stephens Dr, Austin, TX 78746, United States of America. Facebook and Google are not associated with, or responsible for this Contest.