PENGUIN MAGIC, INC.

SPOTIST

OFFICIAL CONTEST RULES AND REGULATIONS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ONLY RESIDENTS OF 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS), WHO ARE AT LEAST 18 YEARS OF AGE, HAVE A VALID PHONE NUMBER, IN-APP ACCOUNT, AND WHO ARE OTHERWISE QUALIFIED TO ENTER UNDER THESE OFFICIAL RULES AT THE TIME OF ENTRY ARE ELIGIBLE TO PARTICIPATE. VOID WHERE PROHIBITED BY LAW AND THESE OFFICIAL RULES.

PLEASE REVIEW THESE OFFICIAL RULES CAREFULLY. DO NOT REGISTER OR PARTICIPATE IN THIS CONTEST IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. PARTICIPATION IN THIS CONTEST IS SUBJECT TO THE SPOTIST TERMS OF USE.

IMPORTANT NOTICE:

  1. Contest Sponsor:

The SPOTIST contest (the “Contest”) is sponsored by Penguin Magic, Inc., with its principal place of business located at 3299 Monier Cir A, Rancho Cordova, CA 95742 (“Sponsor”, “we”, us, or “our”). The Contest is in no way sponsored by, endorsed by, administered by, or associated with any third party social media site (including Facebook, Inc. “Facebook”), Apple Inc. (“Apple”), or any of their subsidiaries or affiliates. You understand that you are providing information to Sponsor only. Any questions or communications should be directed to us and not to any other party. By entering the Contest, you accept and agree to be bound by these official Contest rules (these “Official Rules”).

  1. Eligibility:

To be eligible, an entrant (“entrant”, “you”, your” or “yourself”) must be at least 18 years of age at the time of entry, have an account on our Contest mobile application (our “App” and your “Account”), and a valid phone number associated with your Account. The information associated with your Account must actually identify you as an entrant into the Contest. In order to facilitate the delivery of a Prize (as defined below) to you, we may attempt to contact you using the phone number you provided during Account registration. If we cannot get in contact with you using that phone number, you may forfeit the Prize (defined below). The Contest will be conducted under our supervision. Our decisions are final and binding in all matters relating to the Contest.

Employees, officers and directors of Sponsor and its affiliates, subsidiaries, judging agents and promotion partners, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to win a Prize in any Contest.  

Notice to all international entrants: 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. 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 us from awarding you your Prize. If you are a Prize Winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive a Prize from us. By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.

  1. Contest Period:

We will announce the Contest through our App from time-to-time and you may join the Contest while it is live (the “Contest Period”). We reserve the right to cancel a Contest, in our sole discretion, without any restrictions. All Entries (defined below) must be received prior to the close of the Contest Period. Sponsor’s computer is the official time keeping device for the Contest. An entrant is not a Prize Winner (defined below) unless and until that entrant’s eligibility has been verified by Sponsor, and entrant has been notified that verification is complete. Upon verification, Prize Winners will be announced by Sponsor via the App. In the event that a potential Prize Winner is determined to be ineligible, the Prize will be forfeited and we reserve the right to select an alternate Prize Winner. We reserve the right to withhold distributing any Prize unless and until we verify your eligibility in accordance with these Official Rules.

  1. How to Enter:

No purchase is necessary to enter the Contest or claim the Prize, and a purchase will not increase your chances of winning. To participate in the Contest, you must first download our App through our Apple Store on your mobile device. Internet usage charges and/or message and data charges may apply.

Within the Contest Period, enter the Contest by completing each of the steps below (completing all steps results in your “Entry” and, as among all entrants, collectively, the “Entries”). If your Entry is not completed as described in these Official Rules, you will be disqualified.

  1. Log into your existing Account (or if you do not already have an Account, sign up for an Account with a valid phone number);

  2. Tap “Join.” Our App will then automatically match you with other entrants into the Contest. You will receive a notification when the Contest begins. You will have a predetermined number of seconds to answer each question presented to you during the Contest. If you answer correctly, you will move on to the next round of the Contest. If you answer incorrectly, you are eliminated for the remainder of the Contest; and

  3. Play at least one Contest to completion.

The Contest is limited to one Entry per Contest Period. Any attempt by you to enter more than one time per Contest Period by using multiple/different Accounts, identities or any other methods, will void that Entry and you may be disqualified. Use of any automated system (e.g. robotic, repetitive, automatic, programmed or similar entry methods or agents) to participate is prohibited and will result in disqualification. We are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified.

In the event of a dispute as to any Entry, the authorized account holder of the Account and/or of the phone number provided in connection with entrants’ Account will be deemed to be the entrant. The “authorized account holder” of a phone number is the natural person assigned to the phone number by a telephone carrier, provider, or other organization responsible for assigning phone numbers for the telephone associated with the submitted phone number. The “authorized account holder” of an Account is the natural person in whose name the Account has been registered under. If you are a Prize Winner, you may be required to show proof of being an authorized account holder.

We reserve the right to reject any Entry that does not comply with these Official Rules. By entering, you indicate your unconditional agreement to, and acceptance of these Official Rules, our Privacy Policy here, our Terms of Use here, and our decisions, which are final and binding. You cannot win the Prize unless you comply with all requirements in these Official Rules. By submitting an Entry in connection with the Contest, you hereby agree that we may contact you regarding your submission.

  1. How to Win the Contest:

The winner of the Contest (a “Prize Winner”) will be the last entrant remaining at the end of each Contest. If there are multiple entrants remaining after the final question of the Contest, such remaining entrants will split the Prize evenly. Sponsor may stylize the questions presented in the Contest in various ways. In the event the Contest questions are stylized in a particular manner, such style shall be clearly identified at the outset of the Contest in which it is offered and entrants will be able to receive further guidance through our App on how to answer questions to win the Contest.

You may, in certain circumstances, communicate with, work with, or otherwise benefit from others with whom you have a preexisting relationship while participating in a Contest. However, you may not communicate with, work with, or otherwise benefit from more than twenty-five (25) other persons while entering a Contest if the communications between you and those persons is facilitated by any technological means other than those explicitly provided by us on our App.

  1. Prizes:

If you are a Prize Winner, you will receive a cash prize determined in our sole discretion (the "Prize"). In the case of multiple Prize Winners, each will split the Prize evenly. The total of all accrued Prizes you have won may be viewed through your Account. If you are a Prize Winner, you will be notified in our App or by phone; provided, however, that we reserve the right to determine an alternate method of notification.

As a Prize Winner, you must convert the Prize into a dollar amount and claim the dollar amount for your own benefit (“Claim”) within ninety (90) days via PayPal (a third party service) after the date of notification of such Prize. Your failure to Claim the Prize within the specified ninety (90) days will be considered a forfeiture of the Prize and we may, at our option and sole discretion, choose not to award the Prize to you. All Claims will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. In certain instances involving larger Prizes, at our sole discretion, you will be contacted directly by us to Claim the Prize by a mutually agreeable method, and payment will be subject to a confirmation of your eligibility to receive a Prize consistent with these Official Rules and our Terms of Use.

  1. Your Account:

Consistent with our Terms of Use, you 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, you may not "co-own" an Account with anybody. In the event we determine that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.

We will only issue a Prize and any accompanying tax forms to the individual identified in the Account information for the winning account. We use your Account information to contact and verify Prize 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.

  1. Our Rights:

We reserve the right to terminate or modify the Contest at any time for any reason. We also reserve the right to cancel, suspend or modify the Contest in the event an insufficient number of Entries are received or as a result of any fraud, technical failures, human error or any other factors that impair the integrity or proper functioning of the Contest, as determined by us in our sole discretion. We reserve the right in our sole discretion to disqualify any entrant we find to be tampering with the Entry process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. We reserve the right to control the timing of any public announcements related to the Contest. Our failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Our decisions are final and binding with respect to all matters related to the Contest. In no event shall we be obligated to award any Prizes other than the Prize specified in these Official Rules. We do not guarantee that the Prize can be made available to the Prize Winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be awarded to the Prize Winner due to any applicable law, rule or regulation, or if the Prize Winner cannot Claim the Prize for any reason, then we reserve the right to not award the Prize at all. The Prize Winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize. Prize Winners shall provide us with accurate information regarding their identity and country of residence.

Sponsor reserves the right to substitute a prize of equal or comparable value if the Prize cannot be awarded as stated. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor will not be responsible for any loss, liability or damage arising out of the Prize Winners' acceptance or use of a Prize.

  1. Your Information, Privacy and publicity:

By downloading SPOTIST, you agree that any information provided by you or collected by us in connection with the Contest may be used by us in accordance with our Privacy Policy located here and our Terms of Use located here, and may be shared with our affiliated business entities. All information submitted to our App becomes our property.

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, 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 world 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.

  1. RELEASE, INDEMNIFICATION AND LIMITATION OF LIABILITY:

BY ENTERING THE CONTEST, YOU AGREE TO DISCHARGE AND RELEASE SPONSOR, APPLE, FACEBOOK, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RELATING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (B) TECHNICAL OR HUMAN ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; (C) LATE OR UNDELIVERED MAIL OR EMAIL; (D) TECHNICAL ERRORS OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN CELLULAR NETWORKS, PHONE LINES, OR NETWORK HARDWARE OR SOFTWARE; (E) INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY RELATED TO PARTICIPATION IN THE CONTEST OR RECEIPT OR MISUSE OF ANY PRIZE. YOU WAIVE THE RIGHT TO CLAIM ANY ATTORNEYS FEES AND ANY DAMAGES WHATSOEVER AGAINST THE RELEASED PARTIES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. IF FOR ANY REASON YOUR ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS ANOTHER ENTRY IN THE CONTEST, IF IT IS POSSIBLE.

BY ENTERING THE CONTEST, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, APPLE, FACEBOOK, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) YOUR PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OF ANY PRIZE, AND (B) YOUR BREACH OF THESE OFFICIAL RULES OR YOUR REPRESENTATIONS AND WARRANTIES IN THESE OFFICIAL RULES.

  1. NO WARRANTIES:

NEITHER SPONSOR NOR APPLE OR FACEBOOK MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. ALL MATERIALS AND INFORMATION PROVIDED BY SPONSOR AND EVERYTHING ON SPONSOR’S WEBSITE, APP, AND ALL INFORMATION RELATED THERETO ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHER, SPONSOR MAKES NO REPRESENTATIONS THAT THE MATERIALS RELATING TO THE CONTEST ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL PARTICIPATING LOCATIONS AT ALL TIMES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ACCESSING OUR APP AND ENTERING THE CONTEST IS LEGAL AND NOT PROHIBITED BY THESE OFFICIAL RULES OR THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A CITIZEN.

Neither Sponsor nor Apple or Facebook is liable for any malfunctions or failures of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any social media site or social media account, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person's computer related to or resulting from participation or uploading any Entry relating to this Contest, or other technical difficulties or failures or other errors of any kind.

  1. No Recourse to Judicial or Other Procedures/Severability:

TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, TO SEEK INJUNCTIVE RELIEF OR TO MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS CONTEST ARE HEREBY EXCLUDED, AND YOU EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THE FOREGOING WAIVER UNENFORCEABLE, YOU HEREBY AGREE TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH BELOW.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, or any claim or dispute that has arisen or may arise between or among entrant and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. The place of any arbitration shall be Sacramento, California.

If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s waiver of any provision(s) of these Official Rules must be in writing, and a waiver in one instance or provision shall not be considered a waiver of any other instance or provision.

  1. Dispute Resolution:

All claims and disputes of any nature, whether at law or equity, in any way related to or arising out of the Contest, these Official Rules, or the Terms of Use, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. This Dispute Resolution section applies to all claims and disputes whenever arising, including those arising prior to an entrant’s acceptance of these Official Rules.

Written notices of claims or disputes (“Demand”) shall be sent to the Sponsor at the following address (the “Notice Address”): Penguin Magic, 3299 Monier Cir A, Rancho Cordova, CA 95742, or by email to help@spotist.com. If the claim or dispute contained in the Demand is not resolved to entrant’s satisfaction within ten (10) business days after Sponsor’s receipt, the entrant shall file a Demand for Arbitration with the American Arbitration Association (the “Arbitrator”). For any such filing of a demand for arbitration, entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

Entrant will not file, nor participate in, a class action or collective action against Sponsor. Entrant agrees that he or she will not join his or her claims to those of any other person. Under no circumstances does Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

  1. Request for Name of Prize Winner(s) and Official Rules:

For the name of the Prize Winner and/or a copy of these Official Rules, send a self-addressed stamped envelope to Penguin Magic, 3299 Monier Cir A, Rancho Cordova, CA 95742, or by email to help@spotist.com. All requests for a copy of the Official Rules and the name of the Prize Winners must be made no later than three (3) months after completion of the Contest. If sending a request by mail, please note on the front left- hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Prize Winner.”