FNGenius Terms of Use

FNGenius Official Contest Rules

Effective Date: August 8, 2018 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICED BY LAW. The FNGenius interactive trivia games (each, a “Contest”, and collectively, the “Contests”) are sponsored by Fox Broadcasting Company, 10201 West Pico Boulevard, Los Angeles, CA 90035 (“Sponsor”) and administered by POPSUGAR Inc. (“Administrator”) on behalf of Sponsor. Sponsor and Administrator are referred to herein collectively as “FNGenius.” To participate in the Contests, users must download the FNGenius mobile application onto a mobile device that is connected to the Internet.

The FNGenius mobile application and any related services, features, functions, content or code are collectively referred to herein as the “Service”.  The Service invites users to compete to win prizes by correctly answering the Contest questions using both knowledge and skill within the time limits given. Entry into one Contest does not constitute entry into any other Contest, promotion or sweepstakes. By accessing the Service or otherwise participating in the Contests, each contestant unconditionally accepts and agrees to comply with and abide by these Official Contest Rules and the decisions of Sponsor, which shall be final and binding in all respects. Whenever these Official Contest Rules indicate that a determination will be made by Sponsor, Sponsor shall be entitled to make that determination in its sole and absolute discretion. 

AGREEMENT BY ENTRANT: Your use of the Service and participation in the Contests shall be governed by these Official Contest Rules, Sponsor’s Terms of Use (including, but not limited to, the “Restrictions on Use of Company Services” contained therein) and any additional terms and conditions specific to the Contest(s) communicated by FNGenius. Except as otherwise stated in these Official Contest Rules, data and other information collected by Sponsor or on Sponsor’s behalf through the use of the Service and participation in the Contests will be used by Sponsor in accordance with Sponsor’s Privacy Policy (incorporated herein by reference).  By using the Service, you agree to be contacted by FNGenius with notices and reminders pertaining to your use of the Service, the Contests and any element thereof. In the event of a conflict or inconsistency between these Official Contest Rules and the Terms of Use, these Official Contest Rules shall prevail, govern and control with respect to all matters relating to the Contest and the Terms of Use shall prevail, govern and control with respect to all matters relating to the Service.

ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND FNGENIUS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. [See Section 8 entitled Disputes/Arbitration]

1. Eligibility Requirements. Contests are offered and open to individual natural persons legally residing in the fifty (50) United States or the District of Columbia, aged 18 or older at time of participation. Employees, officers and directors of Sponsor, its parent, subsidiary and affiliated companies, Administrator, and any advertising and promotion agencies and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of the Contests, and persons in the immediate family of such individuals (spouse, parent, child, sibling and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win any Contest while the applicable individual is employed or engaged by Sponsor or Administrator and for three (3) months following such individual’s last day working with or for Sponsor or Administrator. Any ineligible person who participates in a Contest will be ineligible to win a Prize in that Contest.

To be eligible to receive a Prize (as defined below), the information associated with your account must be up-to-date, true and accurate. If you are selected as a “Winner” (as defined below), you may amongst other things be required to furnish proof of identity, address, and/or age to receive the Prize.

2. Entry Period. From time-to-time and without obligation FNGenius may offer individual Contests which will be announced through the Service. You may join a Contest as a spectator while it is live, but you are not eligible to win a Prize unless you have participated from the start of the Contest and answer all questions correctly. FNGenius reserves the right to cancel, modify or postpone any Contest at any time, to offer simultaneous Contests, to change the number of questions in a Contest or not to offer any or any particular number of Contests in its sole discretion, for any reason or no reason.

3. Entry. All elements of a Contest (including frequency of Contests, number of questions administered, time allotted for answers, difficulty levels, etc.) are subject to change, may vary from Contest to Contest, and may be modified by FNGenius at any time in its sole and absolute discretion. Functionality of Contests may vary by devices and platforms (iOS and Android) on which the FNGenius Application runs. The Contests may not be available for participation via all mobile carriers. Messaging and data rates may apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. 

You may enter a Contest by completing each of the following steps:

- Download or open the FNGenius Application (which may be download through the Apple Store or Google Play Store without purchase) on your own mobile device, and then: (a) if you already have an FNGenius account, log into your existing FNGenius account; or (b) if you do not already have a FNGenius account, sign up for an FNGenius account with a verified mobile phone number. In order to verify your phone number, FNGenius will send you a text message to validate the account (which will be sent through a third party provider). Messaging and data rates may apply.

- Select the current Contest and click “Join”. All Contest details, including Prize amounts, will be available prior to the start of the Contest within the FNGenius Application. If you enable push notifications on your mobile device, you may also receive a push notification to your device prior to when the Contest is anticipated to begin. Questions will be administered by a live host in a trivia game format and will be subject to a time limit, such that you might have only approximately 10 seconds to answer each question. If you get the answer right, you will move on to answer the next question. If you get the answer wrong, you will be eliminated from the Contest unless Sponsor elects to award you with an extra life.

- You must answer all questions in the Contest correctly within the allotted time in order to be eligible for Prize award. In the event of a dispute about the correct answer to a particular question, only the answer designated by Sponsor as the correct answer prior to the commencement of the Contest will qualify as the correct answer for purposes of the Contest.

- Some Contests are designed to be live competitions that start at a time that coincides with the airing of a particular television program, but that will often not be the case in Hawaii and Alaska due to time zone differences. So players in Hawaii and Alaska who want to join a Contest will need pay attention to the time the Contest is scheduled to begin and join at that time, even if the time does not coincide with the airing of the corresponding program. 

4. Selection of Winners and Prizes. Those eligible contestants who complete all steps above shall be selected as potential winners of the applicable Contest, subject to verification of eligibility and compliance (“Winner(s)”). The prize for each Contest (each, a “Prize”) will be announced by FNGenius prior to the start of and applicable to a particular Contest.  Sponsor anticipates that most Prizes will be cash. The amount of each such Prize for any Contest to be determined by FNGenius in its sole and absolute discretion. If the Prize is cash or something that can be equally divided an unlimited number of times and there is more than one Winner, the Winners will split the Prize equally. If the Prize is something other than cash or cannot be divided equally an unlimited number of times, the criteria for awarding the Prize to a Winner or group of Winners will be announced at the time the Prize is announced.  Prize award amounts will vary depending on the Prize offered in a particular Contest and the number of successful Winners in that Contest. FNGenius does not anticipate limiting the number of contestants competing for a Prize in a Contest and makes no express or implied representation or warranty that the Prize will meet or exceed any particular amount(s). Any prizes pictured or described in advertising, marketing, promotional or publicity materials for the Contests are for illustrative purposes only. In the event that there is a discrepancy or inconsistency between guidelines, disclosures, or other statements contained in any such materials and the terms and conditions of these Official Contest Rules, these Official Contest Rules shall prevail, govern, and control. All details and other restrictions of each Prize not specified in these Official Contest Rules will be determined by Sponsor in its sole discretion. 

If you are a Winner of multiple Contests, the total of all accrued Prizes you have won may be viewed through your FNGenius account. In the event that there are no eligible contestants participating, or if no contestants are able to answer all questions correctly in connection with a Contest, FNGenius may, in its sole discretion, choose not to award the Prize or to roll over the Prize to a future Contest on the Service.

In the event of a dispute regarding participation, entries or Prize claims received from multiple users of the same device, or those having the same account or email address, or any identity questions relating to a contestant the authorized account holder. If there is a dispute regarding the identity of the Winner, the registered account holder of the phone number used to sign up for the applicable FNGenius account (and the Service) shall be deemed to be the authorized account holder, subject to such owner’s compliance with these Official Contest Rules. Potential Winners may be required to show proof of being the authorized subscriber.

FNGenius reserves the absolute right to disqualify and/or remove any contestant for any reason within its sole and absolute discretion at any time. For example, you may be disqualified and forfeit a prize due to your ineligibility, non-compliance, failure to timely respond to any FNGenius notification, failure to timely complete and return the Winner Paperwork (as defined below), failure to provide a valid PayPal email address, and/or failure to comply with applicable laws and regulations, as determined in FNGenius’ sole discretion. Without limiting the foregoing, if any contestant is at any time, in FNGenius’ sole discretion, determined to be obscene, profane, offensive, discriminatory, overtly political, religious, or sexual, is uncooperative, unsportsmanlike, disruptive, abusive, rude, threatening, or hostile, or who appears (or is suspected) to be engaging in fraud, cheating, or artifice, or is otherwise inappropriate or noncompliant including without limitation by referencing violence, illegal or explicit activity, or whose comments are disparaging, defamatory, or demeaning to FNGenius, or any other contestant, person or entity, they will be disqualified (during or after the Contest concludes) and will be ineligible to receive a Prize (regardless of whether or not they successfully complete a Contest), and may be barred from the Service and competing in any further Contests. 

5. Prize Distribution. You must request to cash out your Prize through your FNGenius account. Cash Prizes will be distributed by Administrator via PayPal, a third party service (included in the definition of “Payment Service” as that term is used in Sponsor’s Privacy Policy), and Prize fulfillment will be subject to PayPal’s terms and privacy policy, which may be found at paypal.com. You must establish a PayPal account in order to be able to receive a Prize. To create a (free) PayPal account, go to www.paypal.com and click “Sign Up.” If it is the first time you have cashed out a Prize in connection with a Contest, you must provide an email address (the one associated with your PayPal account) and physical address (to validate your eligibility as a U.S. resident).

IMPORTANT PRIZE REDEMPTION NOTICE: After a particular Contest closes, you will have a period of four (4) weeks to claim your Prize by requesting a cash-out of Prize funds for such Contest in your FNGenius account and providing the required information, including your PayPal account information (including valid email address) (“Redemption Period”). Failure to request a cash-out within the Redemption Period, or if you have timely requested a cash-out but failed to provide the required information, or are otherwise determined to be non-compliant, the Prize money will be forfeited for such Contest. It is anticipated that Prize monies for each Contest will be paid to verified Winners via their PayPal account on or within fifteen (15) business days after the end of each Redemption Period. Untimely, returned, undelivered, unclaimed, refused, unused, misdelivered or otherwise un-awarded Prizes, Prize notifications/communications or any part thereof will mean a Prize is forfeited and will not be (re)awarded. If the Contests as a whole are terminated or cancelled by FNGenius for any reason, FNGenius will endeavor to pay out verified Prize monies to eligible contestants, who have initiated a request to cash-out prior to the date of termination or cancellation, on or by approximately thirty (30) days from such termination or cancellation. 

In order to facilitate Prize fulfillment, Sponsor or Administrator may but without obligation attempt to contact Winners of certain higher-value Prizes (using the phone number provided during account registration or email address provided when requesting a pay-out of Prize funds). If FNGenius cannot get in contact with the Winner using the selected method, Winner will forfeit the Prize. 

If FNGenius attempts to transfer Prize funds to a PayPal account and is unable to do so for any reason outside the control of FNGenius (e.g., the PayPal email address provided is incorrect or invalid, or the payment is not made, misdirected or returned by PayPal for any reason), the Prize may be forfeited.  Prize(s) cannot be transferred, substituted, combined with any other account, assigned or exchanged. FNGenius reserves the right to substitute a prize with a prize of similar or higher value.

FNGenius may request certain tax or other documentation from potential Winners in connection with receipt of the Prize (“Winner Paperwork”). All Prize awards are conditioned upon and subject to verification of eligibility, compliance and, when requested, receipt of Winner’s fully executed Winner Paperwork, which may include sensitive personal information (such as tax information). These details may be shared with third party providers engaged by FNGenius and/or the relevant tax authorities. If Winner Paperwork is required, FNGenius will specify a deadline to receive signed Winner Paperwork when requesting such paperwork from the Winner. Winner’s failure to meet such deadline to return accurate, correctly-filled-out, signed Winner Paperwork may result in forfeiture of the Prize, in FNGenius’ sole discretion. 

6. Taxes. Winners are responsible for reporting and paying all federal, state, and local taxes on the value of the Prize. Winners may receive from an IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service. 

7. General Terms. It is each contestant’s responsibility to comply with the contest laws of their jurisdiction. Failure to comply with these Official Contest Rules or any of FNGenius terms and conditions, including the Terms of Use may result in disqualification from the Contest(s). FNGenius reserves the right to permanently disqualify any individual; for example, if it believes or suspects they have attempted to corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest(s) or any part thereof directly or indirectly, used computer “script,” “macro,” or “brute force,” (including, but not limited to, the use of emulators, scripts, bots, visual APIs, screen capturing or recording software or otherwise), masked identities by manipulating IP addresses, or used any automated means or other artifice to participate in, benefit from, or affect the Contest(s) or any part thereof. Without limiting the foregoing, any attempt by an individual to deliberately damage the Service or undermine the legitimate operations of the Contest(s) may constitute a violation of applicable laws, including criminal laws, and should such an attempt be made, FNGenius reserves the right to permanently disqualify them (if a contestant) from the Contest(s) and to seek damages from any such individual to the fullest extent permitted by the law.

FNGenius may disqualify any individual or void any entry if it believes the contestant is attempting to participate or otherwise benefit directly or indirectly by using multiple or fraudulent identities, accounts, IP addresses, or is using a phone number or email address that belongs to or is already being used by another person, whether actual or fictitious, that may be interpreted as impersonating another person, or violating the rights of any person. 

If, for any reason, the Contests or any element thereof are not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical or other failures or errors of any kind or nature, or any other causes which FNGenius deems, in its opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest(s) or any element thereof, FNGenius reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest(s) in whole or in part and may, but without obligation and only if practicable, select the winners from non-suspect, eligible contestant s/entries received prior to the action or as otherwise may be deemed fair. 

Each entrant who becomes a Winner irrevocably grants FNGenius permission to use his or her name, username/handle, likeness, photo, biographical information, voice, and/or testimonial for advertising or publicity purposes (all at FNGenius’ discretion) related to the Contests and/or the Service, on a worldwide basis and in all forms of media known or unknown, in perpetuity without further compensation, notification, approval or permission. 

8. Arbitration Agreement

- FNGenius, including its parents, subsidiaries or affiliates, stations affiliated with Sponsor, producers of Sponsor content, each advertiser, sponsor and their advertising agencies, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Disputes (as defined herein) between you and FNGenius, regarding any aspect of your relationship with FNGenius will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and FNGenius, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and FNGenius in any way related to or concerning this Arbitration Agreement, any other aspect of these Official Contest Rules (including their applicability and their conformance to applicable law), any products or services provided by FNGenius, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and FNGenius retains the right to sue in small claims court and (ii) each of you and FNGenius may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and FNGenius agrees to give up the right to sue in court. Each of you and FNGenius also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and FNGenius (see Section 8(i) of this Arbitration Agreement below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow these Official Contest Rules. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

- These Official Contest Rules evidence a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of these Official Contest Rules.

- Any arbitration between you and FNGenius will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and FNGenius cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of FNGenius and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of this Agreement.

- If either you or FNGenius wants to arbitrate a claim, you or FNGenius must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the FNGenius Service to which the Notice relates, and the relief requested. Your Notice to FNGenius must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. FNGenius will send any Notice to you at the contact information we have for you or that you provide.  It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to FNGenius at the address listed above to which you sent your Notice of Dispute.

- You and FNGenius acknowledge and agree to abide by the following rules for arbitration: (i) YOU AND FNGENIUS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (ii) FNGenius will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with Section 8(f) below; (iii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (iv) each side pays his, her or its own attorneys' fees, except as otherwise provided in Section 8(h) below. 

- JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against FNGenius, you and FNGenius acknowledge and agree to abide by the following:

- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), FNGenius will pay the filing fee on your behalf or reimburse your payment of it.

- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but FNGenius will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.

- FNGenius and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. FNGenius will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.

- FNGenius and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

- Regardless of how the arbitration proceeds, each of you and FNGenius shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

- Each of you and FNGenius may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if FNGenius failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than FNGenius’ highest settlement offer, then FNGenius will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If FNGenius wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law. 

- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order FNGenius to pay any monies to or take any actions with respect to persons other than you, unless FNGenius explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless FNGenius expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

- You and FNGenius agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order. 

- With the exception of subpart (i) in Section 8(e) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (i) in Section (e) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against FNGenius must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration. 

9. Governing Law and Venue. The Contests and these Official Contest Rules are governed by the laws of the State of New York, without regard to any choice-of-law or conflict-of-laws provisions that would result in applying the law of any other jurisdiction. In the event that the arbitration provision set forth above does not apply, you agree that any dispute arising from or relating to the Contests and/or these Official Contest Rules shall be governed by the exclusive jurisdiction and venue of the federal and state courts of New York County, New York.

10. Warranty Disclaimer. Your participation in the Contests is at your own risk, and the Service and the Contests are provided “as is.” FNGenius does not make, and hereby disclaims, all express and implied representations and warranties of any kind relating to the Service, the Contests and any Prize, including warranties of fitness for a particular purpose, merchantability, and non-infringement, or any representations regarding the function or operation thereof.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL FNGENIUS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE CONTESTS: (A) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OF ANY KIND WHATSOEVER (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (C) FOR ANY DIRECT DAMAGES (IN THE AGGREGATE) IN EXCESS OF THE GREATER OF: (I) THE VALUE OF THE PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD; OR (II) $100 U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Release. By entering the Contest(s), you agree to the fullest extent permitted by law to release and hold FNGenius and each of the other Releasees listed in Section 8 harmless from any and all alleged and/or actual claims, causes of action, demands, losses, settlements (whether or not litigation is commenced), liabilities and damages of any kind whatsoever existing now or arising in the future (including, without limitation, bodily injury, personal injury, death, disability and property damage, violation of proprietary, publicity, privacy or any other right), costs and expenses (including, without limitation, reasonable attorneys’ fees, court costs, settlement and disbursements) directly or indirectly arising out of or relating to: (i) the provision, hosting, sponsorship, administration, suspension, termination or cancellation of the Contest(s) or any element thereof; (ii) a person’s ability or inability to enter or participate in the Contest(s) for any reason, including without limitation those arising from technical failures, third-party telecommunication/technology failures, human error or negligence or force majeure events; (iii) any determination of ineligibility, non-compliance, disqualification or other decision made by FNGenius in its sole discretion; (iv) your ability to win, claim, or use a Prize, or to otherwise participate in any activity relating to the Contest(s), (v) the Prize itself, or your use or misuse of a Prize; and/or (vi) technical malfunctions, including without limitation lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections. .

FNGenius shall not be liable to contestants, Winners or any other person or entity for failure to execute the Contest(s) or any element thereof, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), technological, software, APP, or other equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any Contest, or any similar or dissimilar event beyond its reasonable control. 

You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California (or any similar law applicable to your jurisdiction) which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 

13. Third Party Platforms. If the Contests(s) are advertised, facilitated and/or promoted via a third party platform, including, without limitation, payment platforms (e.g., PayPal) and social media platforms (e.g., Facebook and Instagram) (the “Third Party Platform”), then by participating in the Contest(s), you hereby release and hold harmless such Third Party Platform from all claims, responsibility, and liability relating to the Contest(s). The Contests are not sponsored, endorsed, or administered by, or associated with, any Third Party Platform. Similarly, the Contests are not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.

14. Winner Publication. For each separate Contest, you can obtain a list of those people, if any, who were Winners of a Prize valued at over $25 in such Contest by sending a self-addressed stamped envelope to Administrator (reference the date and time of the Contest about which you are inquiring) at: POPSUGAR Inc., Attn: Legal Department, 111 Sutter Street 16th Floor, San Francisco, CA 94104. Limit 1 request per person/household per Contest.