RULES, TERMS AND CONDITIONS

WordSurge Live Contest Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. The WordSurge Live Application (the “Contest”) is promoted by Live Tech Games Ltd. (“Promoter”). The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc, Google Inc, or its subsidiaries or affiliates. ITV is not responsible for the administration or the promotion of this competition.

THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. THE PARTIES IRREVOCABLY AGREE THAT THE COURTS OF ENGLAND AND WALES WILL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY CLAIM, DISPUTE OR ISSUE (INCLUDING NON-CONTRACTUAL CLAIMS) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. 

Eligibility:

Subject to these Official Rules, the Contest is open to individual persons who are at least 18 years old as of the date of entry. To be eligible to receive a Prize (as defined below), the information associated with the entrant’s account must be true and accurate. The information associated with the entrant’s account must identify the actual entrant into the Contest. In order to facilitate the delivery of a Prize (as defined below), the winner must claim with an eligible PayPal e-mail address. WordSurge Live may attempt to contact the winner using the e-mail provided during account registration or the mobile number provided during the prize claiming process. If WordSurge Live cannot get in contact with the winner using that e-mail or phone number, the winner may forfeit their Prize if they cannot be contacted within 30 days of the Contest in which they were awarded a prize. Contests are only open to residents of the United Kingdom. Any person that enters into a Contest that the individual is not eligible to enter may not win a Prize (as defined below) in that Contest. 

WordSurge Live reserves the right to verify an entrant’s eligibility before, during, or after the Contest. 

Entry Period:

Promoter will announce Contests through the App from time to time. The announcement will indicate the type of Contest that Promoter is offering. Contests include live Trivia And Wordsearch matches (“WordSurge Live”), and other potential games. You may join a Contest while it is live. Promoter reserves the right to cancel Contests, in our sole discretion, with no restrictions. 

How to Enter:

No purchase or payment is necessary to participate in a Contest. Enter a Contest by completing each of the following steps: 

  1. Download or open the WordSurge Live Application downloaded through the Apple Store Or Google Play Store on your mobile device, and either (a) if you already have a WordSurge Live account, log into your existing WordSurge Live account, or (b) if you do not already have a WordSurge Live account, sign up for a WordSurge Live account with a chosen username, password and e-mail address. 

  1. At the time of the Contest, click “Join.” WordSurge Live will then automatically match you with other players. You will receive a notification when the live game begins or when another game begins. In WordSurge Live matches, you will be presented with a question, you then have a pre-set number of seconds tofind the answer word to that question in a wordsearch grid (the number of seconds may change, without notice, at any time). If you survive the matchup by finding the answer word in the wordsearch grid in a quicker time than your opponent in the match you will move on to the next round. If you lose and have no extra ‘Lives’, you are eliminated for the remainder of that specific game. 

  1. Play at least one WordSurge Live game or another game on the WordSurge Live app to completion. 

By downloading WordSurge Live, you agree that the use of WordSurge Live, and any information provided by you or collected by a Promoter in connection with the Contest may be used by Promoter in accordance with WordSurge Live’s Privacy Policy located at www.livetechgames.com/privacy and these terms and conditions, also located at www.livetechgames.com/terms , and may be shared with Promoter’s affiliated business entities.

Prizes:

The winner of each Contest will receive any prize that is promoted for that particular contest, determined in Promoter’s sole discretion (the “Prize”). Promoter will distribute prizes according to the rules for the specific Contest entered. Where certain Contests have prizes that are provided by a third party, the Promoter may share information provided by you in connection with the Contest in order to facilitate the fulfilment of your prize.These terms contained within this document are general to all contests.

To receive payment of your accrued Prizes, you must cash-out Prizes through PayPal by providing a PayPal email address, a third party service. Prize fulfilment 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 WordSurge Live’s sole discretion, you will be contacted directly to receive it by a mutually agreeable method and payment will be subject to a confirmation of the winner’s eligibility to receive a Prize consistent with Promoter’s Rules and Terms of Use. 

You must comply with the Rules contained within these terms at all times. Any entry by any user that does not comply with the Terms of Use, or these Contest Rules will be disqualified.

Each WordSurge Live user 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, users may not “co-own” accounts. In the event Promoter determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Promoter may have, Promoter reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.

WordSurge Live may use your account information (such as the email address you provided at registration) to contact and verify winners. It is your responsibility to ensure your contact details are accurate and up to date. Out of date or incorrect account information at the time we try to contact you may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in forfeiture of any Prizes awarded.

Promoter expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or that violate any of these Contest Rules or the Terms of Use. Entries generated by script, macro or other automated means are void.

Decisions of the Promoter are final and binding with respect to all matters related to the Contest. In no event shall the Promoter be obligated to award any Prizes other than the Prize specified in these Official Rules. The Promoter does not guarantee that the Prize can be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim the Prize for any reason, then Promoter reserves the right to not award the Prize at all. The winner shall be responsible and liable for all local taxes on the value of the Prize. 

Prize Selection:

The Contest will be conducted under the Promoter’s supervision. The decisions of the Promoter are final and binding in all matters relating to the Contest. The winner will be notified in the WordSurge Live Application or by email or by phone; provided, however, that Promoter reserves the right to determine an alternate method of notification. The winner must cash-out the Prize within 30 days after notification. A Contest winner’s failure to cash-out the Prize within the specified 30 days may be considered that Contest winner’s forfeiture of the Prize and Promoter may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, Promoter may, at its option and sole discretion, choose not to award the Prize at all. 

Colluding Players

Colluding with other players is a forbidden activity on WordSurge Live. The sponsor reserves the right to take any course of action that they deem appropriate to remove the impact of collusion from the game. Collusion includes but is not limited to: players in the same location watching each others screens to determine how to survive more rounds, or creating consortiums of players that share the location of the answer word with each other. Anything the sponsor deems suspicious of the actions will be treated as collusion.

Appropriate courses of action to remove the impacts of unfair collusion may include withholding prizes won by players that colluded. Any action taken by the Promoter is final and cannot be appealed, nor will any evidence have to be provided to the User when actions such as survival point removal is taken.

WordSurge Live:

In WordSurge Live contests, Players must find the answer to a question in a wordsearch grid in a faster time than the opponent they are matched with. If a player answers in a slower time than their opponent, or fails to select a move in the allotted time, they lose the match, the player will be eliminated unless the player has an ‘Extra Life’ remaining. Each player starts with the same amount of lives. The winner(s) of a WordSurge Live Contest will either be the last person remaining at the end of each complete game, or a specified number of finalist players remaining at the end of the tournament. It is the Promoters discretion how many people it wants to reward. The sponsor will seek to show the prize structure and numbers of winners in the mobile app before each contest. 

General Conditions and Releases:

Notice to all entrants: By entering the Contest or accepting a Prize, you agree to conform to all UK laws and local laws and regulations. Where the Promoter has reasonable suspicion that a winner is in breach of the terms and conditions required to win the contest, the Promoter may when applicable, require the winner to execute and return to the Promoter, an Affidavit of Eligibility and a Liability and Publicity Release. Winning may be conditional upon the winner executing and returning the Affidavit to the Promoter. 

Unless prohibited by applicable law, by winning the Contest or accepting a Prize you give permission to use your name, username, gameplay data, profile picture and anything submitted within the mobile app, as well as any other photographs, voice, video, address (city and county only) and testimonials that you choose to provide, in all media, in perpetuity, in any manner Promoter deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorisation to (i) have Promoter (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio-visually record you, (ii) have Promoter (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit 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 Promoter sees fit, in any medium or technology known or hereinafter invented, throughout the universe 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. 

An entrant or winner may be disqualified from the Contest if the individual fails to comply or has previously failed to comply with any provision of these Official Rules or the Promoter’s Terms of Use, as determined in the sole discretion of the Promoter. The Promoter, in its sole discretion, may disqualify you from a Contest, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct that the Promoter deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other users. Improper conduct includes, but is not limited to: Falsifying personal information, including payment information, required to claim a Prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these Rules, using unauthorised methods such as unauthorised scripts or other automated means; tampering with the administration of the Contest or trying to in any way tamper with the computer programs associated with the Contests; obtaining other entrants’ information and spamming other entrants; and any other form of abuse; or otherwise violating these Rules. You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent Promoter from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct. 

Participation in the Contest is at entrant’s own risk. Promoter shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. 

THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST. 

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, THE SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR; (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL. 

By entering the Contest, you agree to and hereby do release and hold harmless the Promoter, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Promoter reserves the right to modify these Official Rules in any way or at any time. Promoter reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, WordSurge Live will endeavour to promptly post a notice on the WordSurge Live App to such effect. This Contest shall be governed by the laws of the United Kingdom, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in the country of England, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Promoter may seek equitable relief in any court of competent jurisdiction. If any provision of these Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Rules otherwise remain in full force and effect and enforceable.