TERMS & CONDITIONS
The content of this Mobile Application and Website, as well as the underlying concepts, forms of expression, and all related code are the exclusive property of GroupQueue LLC ("GroupQueue"). All Rights Reserved.
Updated: September 1, 2017
TERMS & CONDITIONS
GROUPQUEUE™ SWEEPSTAKES & TOP FAN CHALLENGE OFFICIAL TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRANTS. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Participation in the GroupQueue Sweepstakes by any of the following persons is forbidden: (a) anyone under the age of 18, or higher age of majority in such individual's jurisdiction; or (b) employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of GroupQueue LLC and any and all other companies associated with GroupQueue LLC; and (c) anyone located in a prohibited jurisdiction.
- Agreement to Terms
This Terms and Conditions of Use Agreement sets forth the legally binding terms of service and conditions for use (“Terms and Conditions”) of the GroupQueue Services including our App and Site. These Terms and Conditions apply to our Services, all pages and areas of the Site, operating from our servers, including if accessed through mobile or other applications that we may develop or use (collectively the “Services”). By using the Services you agree to by bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Services.
- Changes to Terms or Services
GroupQueue reserves the right, at its sole discretion, to modify or replace Terms and Conditions. If a change is deemed to be material, in GroupQueue’s sole discretion, a change notice will be shown as an alert at the Terms and Conditions link prominently displayed on our Site. It is your responsibility to check the Site periodically to review any changes. Your continued use of our Site or App following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Therefore, you are encouraged to check the Terms and Conditions frequently for amendments.
GroupQueue reserves the rights to change, suspend, transfer, or discontinue the Site (including but not limited to the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and services or restrict your access to parts or all of the GroupQueue Site without notice or liability.
- Creating an Account/Registration
In order to participate in challenges or Sweepstakes, you must establish a registered user account ("Account") with GroupQueue. GroupQueue Sweepstakes is open to legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age on the date the Sweepstakes begins. Void where prohibited. You hereby represent and warrant that (1) you are at least 18 years old (or other applicable age), and (2) you can legally form a binding contract, and (3) all registration information you submit is true, full and accurate. GroupQueue reserves the right to seek proof of age and identity from you at any time. You agree that your Account may be suspended until satisfactory proof of age and identity is provided.
GroupQueue may, in its sole discretion, refuse to offer its Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in those jurisdictions.
You may view content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register and select a screen name ("username") and password. You shall provide accurate and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions which may result in immediate termination of your Account. You shall not use as a username or term that: (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. GroupQueue reserves the right in its sole discretion to refuse registration of, or cancel any username or name.
You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User’s Account without the other User's express permission. You will immediately notify GroupQueue in writing of any unauthorized use of your Account, or other known Account-related security breach. Such notification will not render GroupQueue responsible for any unauthorized use, whether occurring before or after such notification.
- Void Where Prohibited by Law
If participation in Sweepstakes or games of the nature of those offered by GroupQueue or online games of skill for a fee which may result in the receipt of prizes is prohibited in your jurisdiction, then you may not use this Site or otherwise participate in any of the games. With respect to U.S. citizens and residents, the laws governing contests, tournaments and skilled gaming with entry fees and/or fund payment are established by each individual state, not by the federal government.
GroupQueue reserves the right to withhold prizes pending the determination of any investigation (including any relevant external investigation). Following the determination of any such investigation, the disposition of any prizes withheld by GroupQueue will be at GroupQueue’s sole discretion and/or in accordance with any advice, request or instruction from any governmental, regulatory or law enforcement authority.
- Payments, Fees, and Taxes
There is no cost to join GroupQueue it is free, but registration is required. Users get One (1) Daily Free Play every 24 hours, as is permitted according to the Official Rules of Play. To participate in additional challenges or trivia queries after your Daily Free Play, you may choose to purchase additional GroupQueue Guesses using GroupQueue’s pay-service affiliate. GroupQueue Guesses that are purchased will be held in your Account until you play a game. GroupQueue reserves the right to cancel a purchase at any time and for any reason. We are not responsible for the performance of pay-service affiliate.
When you use a service that has a fee, you have an opportunity to review and accept the fees you will be charged. In addition to any representations made in conjunction with that authorization, you also agree to provide correct payment information at the time of purchasing. The payment will be collected at or about the time you initiate play. The amount you pay in GroupQueue Guesses represents the entire and final amount you will be charged. You consent to having GroupQueue and its payments partners authorize or reserve a charge on your payment method for any amount up to the amount of GroupQueue Guesses purchased.
GROUPQUEUE DOES NOT OFFER REFUNDS. USERS WILL NOT BE PROVIDED A REFUND FOR GROUPQUEUE GUESSES PURCHASED.
- Intellectual Property
All content made available by a Host, such as text, graphics, images, and logos are property of the Host or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GroupQueue Services is the exclusive property of GroupQueue and protected by U.S. and international copyright laws.
All GroupQueue stylized designs, logos, and name are the property of GroupQueue and may not be used for any purpose without our prior written consent. GroupQueue’s trademarks and trade dress may not be used in connection with any product or service that is not GroupQueue's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits GroupQueue. All other trademarks not owned by GroupQueue that appear in any of our Services are the property of the respective owners.
One or more patents owned by GroupQueue apply to the GroupQueue Services and to the features and services accessible via GroupQueue. Portions of GroupQueue’s Services operate under license of one or more patents pending.
- Content Submissions
This App may contain materials or content, including text, graphics, images and other materials which is or has been submitted by a Host user (collectively "User Content"). A Host shall retain all copyright and other intellectual property rights in User Content posted or uploaded by that user. By uploading User Content to GroupQueue, you, the Host grant GroupQueue, its licensees, affiliates, and others acting on its behalf, a worldwide, perpetual, non-exclusive, fully transferable, sub-licensable, irrevocable, royalty free and payment free license to:
use, edit, modify, publish, prepare derivative works of, reproduce, host, display, or communicate and make available to the public your User Content, or any part of it, including your trademarks, service marks, slogans, logos, and similar proprietary rights on this or any affiliated site and in or by way of any other media or technology, whether now known or hereafter invented, perpetually, throughout the World, but only in relation to: the GroupQueue Services.
In addition, you grant GroupQueue a perpetual license to use your name and likeness in connection with the above.
You declare and affirm that any User Content uploaded or posted by you is your original material and is not copied from any other source and complies with all other provisions of these Terms and Conditions.
The foregoing license grant to GroupQueue does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your user submissions.
Host users must not post or upload Materials or content of any type that: (i) infringe upon any other intellectual property rights of any third party; (ii) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; (iii) contain nudity or pornographic, obscene or profane materials; (iv) are otherwise inappropriate to the general public; (v) are menacing, threatening or intimidating; or (vi) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or GroupQueue.
GroupQueue is not responsible in any manner for any User Content. We allow uploading of User Content as a service for Hosts to create challenges under these Terms and Conditions. GroupQueue does not endorse or approve any User Content or any materials, contents messages or statements contained therein. All User Content and information contained therein are the representations, ideas and views of the submitting users and for your entertainment. You may report any inappropriate User Content to firstname.lastname@example.org
- Conduct of Users
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR SERVERS ASSOCIATED WITH THE GAME OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GROUPQUEUE WILL DISQUALIFY ANY SUCH USER, AND GROUPQUEUE AND/OR ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
As a condition of use, you promise not to use the GroupQueue Site or Services for any purpose that is prohibited by the Terms and Conditions or any law. The GroupQueue Site and Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with GroupQueue including the acts of any third party which violate the Terms and Conditions.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the GroupQueue Site except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of GroupQueue; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
You agree to not abuse any other users' personal information. Abuse is defined as using personal information for any purposes other than those explicitly provided by GroupQueue, or is not related to fulfilling delivery of a product or service explicitly specified by GroupQueue.
GroupQueue permits links to our Site, provided that the link is made and used in an acceptable and non- misleading manner and that said Site is not framed by the linking site. GroupQueue reserves the right to revoke permission to any and all sites to link to this Site in GroupQueue’s absolute discretion. GroupQueue will discontinue any links to any site which are deemed, in the GroupQueue’s opinion as obscene or unsuitable to the general public.
GroupQueue Hosts may provide links on their challenges to certain sites on the Web that are not owned or operated by GroupQueue. GroupQueue does not endorse such sites and will not be responsible for third party sites or content. When you access third-party Web sites, you do so at your own risk. Other Web sites are not under GroupQueue’s control, and you acknowledge that GroupQueue is not liable for the content or any other aspect of other Web sites and/or resources. The inclusion on another Web site or any link to our Site does not imply our affiliation or endorsement of said site. You further acknowledge and agree that GroupQueue shall not be liable for any damage related to the use of any third-party Web site or resource.
- Complaints against Third Parties
We are under no obligation to become involved in disputes between any Users, or between Users arising in connection with the use of GroupQueue’s Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with awarding any placement or title earned other than Sweepstakes winner.
- Disclaimer of Warranty
GroupQueue has no special relationship with or fiduciary duty to you. You acknowledge that GroupQueue has no duty to take any action regarding any of the following: which users gain access to the Site or Services; what content users access through the Site; what effects the content may have on users; how users may interpret or use the content; or what actions users may take as a result of having been exposed to the content.
GroupQueue cannot guarantee the authenticity of any data or information that users provide. You release us from all liability for your having acquired or not acquired content through the Site and Services. The Site may contain, or direct you to Web sites containing, information that some people may find offensive or inappropriate. GroupQueue makes no representations concerning any content on the Site, and we are not liable for the accuracy, copyright compliance, legality, or decency of material offered in relation to the Services.
GROUPQUEUE DOES NOT AND CANNOT GUARANTY THAT THIS SITE WILL BE AVAILABLE TO USERS AT ALL TIMES. IN PARTICULAR, THIS SITE MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS. GroupQueue has no obligation to monitor the Services or content. GroupQueue reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Sweepstakes, or Active Session; (ii) remove, edit, or modify any content, including, but not limited to, any user submission; and (iii) remove or block any user or user submission. GroupQueue reserves the right not to comment on the reasons for any of these actions.
The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non- infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. USE OF THIS SITE AND THE GAMES ARE AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, GROUPQUEUE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, GAMES AND USE THEREOF BY ANY USER.
NO PROMISE OF WINNING ANYTHING OF VALUE IS MADE TO USERS. USERS SHOULD NOT RELY ON WINNING A GAME OR RECEIVING A PRIZE.
GroupQueue, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Services is free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
GROUPQUEUE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE OR ANY GAME OR SWEEPSTAKES, INCLUDING USER CONTENT, OR OF ANY SITE LINKED HERETO; (ii) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (iii) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF GROUPQUEUE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE, INCLUDING ANY INTERRUPTION OR DELAY IN COMMUNICATION THROUGH WIRELESS, CELLULAR OR OTHER NETWORKS; (v) DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; OR (vi) OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE OR ANY GAME OR SWEEPSTAKES, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.
GROUPQUEUE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. GroupQueue will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade- secret information, or any other content stored on GroupQueue's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of these Services.
- Limitation of Liability
IN NO EVENT SHALL GROUPQUEUE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING ANY GAME, SWEEPSTAKES, USER CONTENT, OR ANY SITE LINKED HERETO; (ii) DAMAGE, HARM OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING ANY GAME, SWEEPSTAKES, OR USER CONTENT; (iii) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF GROUPQUEUE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE OR ANY GAME; (v) DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE OR ANY GAME BY ANY THIRD PARTY; OR (vi) STATEMENTS OR CONTENTS CONTAINED IN ANY USER CONTENT. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM AGAINST GROUPQUEUE IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORESEEN BY GROUPQUEUE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL GROUPQUEUE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE TO YOU FOR DIRECT DAMAGES IN EXCESS OF (IN AGGREGATE) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY GAME OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES, AND PLAY OF THE GAMES.
This Site is designed to conform to the laws of the United States of America. Accessing GroupQueue’s Service is prohibited from states, countries, or territories where the Services or content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws. If you are viewing or using this Site from another state or country, please be aware that you will be transferring information outside of your state or country. Your continued access and use of this Site will indicate your consent to this transfer of information which may be unauthorized or unlawful.