
1.1 Terms and Conditions Binding
Participating in any quizzes offered on Nation Trivia.com ("the Site") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Site may modify these Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the State of Washington, irrespective of any principles of conflicts of law. By participating in any quiz offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Seattle in the State of Washington, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
1.4 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
2.1a Eligibility (United States)
To participate in any quiz offered on the Site, you must:
a) be a natural person who is assigned to the e-mail address submitted with your registration form;
b) be a U.S. citizen or resident alien with a U.S. address; and
c) be physically located within the U.S.
2.1b Eligibility (Non-U.S.)
a) be a natural person who is assigned to the e-mail address submitted on your registration form.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any quiz offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any quiz offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties. The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above. It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
2.4 Acknowledgment of Proprietary Rights
By participating in any quiz offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.
2.5 Promotional Activities
By participating in the quizzes, you agree that the Site may display your first name, first initial of your last name and quiz records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.
2.6 Submissions
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.
2.7 Information Required (U.S. players only)
Upon participation, you are required to submit your first name, last name, age, gender, zip code, and a valid email address. Upon winning cash or prizes, you are required to submit the following additional information: permanent residential address and phone number. In addition, if your total winnings on the Site in any given year reach $600, the Site will send you a Form 1099, as required by Internal Revenue Service regulations. It is your responsibility to file Form 1099 with your tax return and pay whatever taxes are required by the IRS. Failure to pay such taxes to the IRS is your responsibility and Nation Trivia will not be responsible for any failure on your part to pay such taxes.
2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled.
2.9 Privacy Policy
Your acceptance of any prize from the Site constitutes consent for the Sites disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. The Site utilizes e-mails to communicate with you, and to let you know of special promotions, events and policy changes. New participants are automatically opted-in to receive all types of Site e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. quiz related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by selecting opt-out in the footer of any email received from the Site.
2.10 Limitations on Participation
Your acceptance of any prize from the Site constitutes consent for the Sites disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. The Site utilizes e-mails to communicate with you, and to let you know of special promotions, events and policy changes. New participants are automatically opted-in to receive all types of Site e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. quiz related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by selecting opt-out in the footer of any email received from the Site.
2.11 Abuse
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the use of multiple user accounts, the use of unauthorized or altered software or hardware to assist play, harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and the Site, or any breach of the security of the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including participant termination and blocking of Site access. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.
2.12 Receiving Prizes
2.12 Receiving Prizes
Users may request prize Checks by claiming checks in the users account, only when the prize balance is equal to or greater than twenty US dollars ($20.00). All prizes will be be fulfilled via the online payment provider, PayPal (www.PayPal.com). Check requests are systematically processed by the Sites accounting department at the end of each month, with users immediately thereafter receiving an email from PayPal with further instructions for receiving cash Prizes. Checks will not be issued for any amount less than $20 USD. If your account balance is below $20, it is your responsibility to keep playing until the account balance exceeds $20.
3.1 Odds and Prizes
The distribution of Prizes occurs via users spinning of the JackPot Wheel. The odds of winning prizes from the JackPot Wheel are based on an unique algorithm that analyzes daily user volumes, daily quiz volumes, and daily spins to calculate the Prize distribution in any given day. Given the fluid nature of the algorithm, precise odds of winning are therefore unavailable. Prizes are cash amounts, fulfilled via PayPal, after the end of the month in which the user has claimed such winnings in the Account section of Nation Trivia.
3.2 Winners Lists
Lists of winners will be posted on the Site immediately following any winnings via the ticker located at the top of each Nation Trivia page.
3.3 Nation Trivia Jackpot
The Nation Trivia Jackpot is calculated by using various mathematical formulae. The Site reserves the right to change or modify these formulae from time to time in its sole discretion. The exact formula used to determine any Nation Trivia Jackpot at any given time is subject to the Sites sole discretion, and may differ based on certain criteria, including, but not limited to amount of participants versus winnings, and patterns of anomalous play.
SECTION FOUR - LIMITATION ON LIABILITY
4.1 General Disclaimer
BY PARTICIPATING IN ANY QUIZ OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a quiz in which you have begun to participate, the Site will allow users to participate again in a quiz until the participation is complete. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your quiz play or terminate your participation should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished quiz.
4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Winnings by PayPal
You agree that the Site is not liable for any loss caused by any unauthorized use of any Winnings by PayPal that are interfered with, stolen or otherwise inproperly or illegally cashed by a third party. It is the users sole responsibility to ensure that accurate information is provided to PayPal for the issuance of Winnings by PayPal. Any attempt to defraud the Site through the use of invalid PayPal information, will result in immediate termination of your participation, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.
4.4 Hacking, Tampering, or Unauthorized Access
By participating in any quiz offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site. Any attempt to gain unauthorized access to the Sites systems, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any quiz offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which your are otherwise entitled.
4.5 Accounts for Individual Use Only
You, as a participant of the Site, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to participate on your behalf, access the Site, accept any winnings, or participate in any quiz using your account. Your participation is not transferable to any other person. By participating in any quiz offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys fees) arising from any users participation with your email address.
4.6 Account Termination
The Site reserves the right to terminate your participation, limit or prohibit your participation in any quiz, for any reason, including but not limited to any Abuse (see Section 2.14) by you. By participating in any quiz offered on the Site, you consent to allow the Site to access your personal information to investigate complaints or other allegations of abuse. All winnings (if any) may be voided at the sole discretion of the Site.
5.0 Conclusion
These Terms and Conditions constitute the entire agreement between the Site and Site participants pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Last updated November 2008