Chive Trivia Terms & Conditions

Rarefied Atmosphere, LLC proudly presents Chive Trivia (the “Product”) where eligible participants (“Participants”) can collect rewards for their completion of trivia questions! The Product runs daily and includes semi-regular prize games (“Prize Games”) that award prizes to top Prize Game participants.

The Product and all participants shall be subject to the terms and conditions as set out below (the “Terms”).

These Terms form a binding legal agreement between us and the Participants in the Product, and set forth terms and conditions for the participation in the Product available on the application owned or controlled by us, including, without limitation, the Chive Trivia mobile application (the "App"), the Chive Trivia streaming channel (the “Channel”), our related websites, services, applications, products, and content owned or controlled by us.

These Terms are subject to, and shall also include, our Terms of Service, Privacy Policy, and Community Guidelines, and other policies on the App, as may be amended from time to time. In the event of any conflict between these Terms and our Terms of Service, these Terms shall prevail. We reserve the right to suspend, postpone, or terminate the App at any time for legitimate business reasons.

We are solely responsible for the running of the App and Channel. For the avoidance of doubt, neither Apple nor Google, nor PayPal or any other similar companies, are a sponsor of, or responsible for conducting, the Product.

Eligibility Requirements

No purchase or payment of any kind is necessary to participate or collect rewards. A purchase will not improve your chances of winning.

Only the following users will be eligible to join the Product:

• Residents of the United States and the District of Columbia;
• Users at least 21 years old at the time of enrollment;
• Users that comply with these Terms and all Chive Trivia Policies, including no individuals playing Chive Trivia who are under 21 while in a business that requires individuals to be at least 21 to enter the business;

The following users are not eligible to win prizes in Prize Games:

• Employees of The Chive, Atmosphere TV, or their immediate family members, defined as spouses, children, siblings, parents, grandparents, and grandchildren and their respective spouses and step-family members.

Anyone who violates these Terms or any other Chive Trivia Policies will be disqualified and is not eligible to collect rewards.

Sponsors

Prize Games may be sponsored by a third-party brand (“Sponsor”).

How to Participate

The Product includes both 10-question regular games (“Regular Games”) and 10-question Prize Games.

We prepare multiple-choice questions for these games. Each question has only ONE correct answer. Participants must answer a question correctly to earn points.

At the end of Regular Games and Prize Games, participants are ranked based on their total points score. Each Prize Game will provide a prize for top-scoring participants (“Winners”).

On each day with a scheduled Prize Game, the Prize Game will start at 21:00 EST.

Prizes

Award of prizes is subject to verification of eligibility and compliance with these Terms.

Prizes are not assignable or transferable.

Limit of one (1) prize per participant per game.

Limit of one (1) money prize per participant per month.

The Sponsor will not replace any lost or stolen prizes.

The Sponsor reserves the right to award cash equivalent instead of prizes and/or to substitute prizes of equal or greater value. Winners may not substitute prizes.

Any prize details not specified above will be determined by the Sponsor in its sole discretion.

The Winner is responsible for all costs and expenses not included in the prize description.

Winners

At the end of Regular Games and Prize Games, participants are ranked based on their total points score. Each Prize Game will provide a prize for top-scoring participants (“Winners”).

Winners will be contacted via their provided phone number to notify them of their winning status within a reasonable period of time, but no longer than 10 days after winning a prize.

If the Prize Game awards a cash prize, the cash prize fulfillment will be done through Tremendous, or another similar digital payment service, within 30 days.

If the Prize Game awards a physical prize, an Administrator will contact the Winners via their provided phone number to arrange for shipping and fulfillment within a reasonable period of time, but no longer than 10 days after winning a prize.

If a Winner does not respond to an Administrator’s communication within 30 days, the Winner forfeits the prize.

If you are subject to any taxes (including any penalties or interest thereon) and expenses imposed by any jurisdiction in relation to a prize, subject to any unwaivable local consumer law rights you may benefit from, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority.

We may display Winners’ information in accordance with our Privacy Policy and these Terms.

Privacy & Publicity Issues

Sponsor will collect personal data from entrants when they enter the Trivia App, and this information will be used for the purposes of administering the prize, publicizing the prize and other promotional purposes that benefit sponsor.

Information collected from entrant is subject to sponsor’s privacy policy which can be found at www.atmosphere.tv/legal/privacy.

By submitting an entry, you agree to sponsor’s use of your name, address, likeness or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.

Disclaimers, Waivers, Releases and Limitations on Liability

The Sponsor is not responsible for late, lost, tampered with, postage due, misdirected mail or printing errors.

The Sponsor is not responsible for any lost or stolen entries.

If for any reason the Product is not capable of running or is disrupted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which in the sole opinion of sponsor corrupts or affects the administration, security, fairness, integrity or proper conduct of the Product, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the promotion and select Winners in accordance with any alternative method we reasonably deem necessary..

If a Winner does not respond to return a completed winner affidavit and release within 30 days, then the Winner forfeits their prize.

By participating and redeeming a prize, the Winner (and, if under the age of majority, his/her parent or legal guardian) releases and agrees to hold harmless the Sponsor, Administrator, the prize suppliers, and their respective advertising and promotional agencies, and their respective affiliates, officers, directors, employees, representatives and agents, from and against any and all liability for any injury, loss, or damage to persons, including death, and property, due in whole or in part, directly or indirectly, from or arising out of participation in this Product, or participation in any promotion-related activity, or the receipt, use or misuse of any prize.

Winning a prize constitutes permission for the Sponsor and its agencies to use prize Winners' names, voices and/or likenesses for purposes of advertising, promotion, and publicity for this Product only, without further compensation, unless prohibited by law.

The Sponsor may prohibit a Participant from participating in the Product or winning a prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Product by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten, or harass any other Participant, Sponsor, or Product Entities.

Dispute Resolution

Except where prohibited by law, as a condition of participating in this Product, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this promotion, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.

Under no circumstances will the Participant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than the Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this promotion), and Participant further waives all rights to have damages multiplied or increased.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the Participant and Sponsor in connection with the promotion shall be governed by, and constructed in accordance with, the substantive laws of California, without regard to its conflicts of law rules.

General Terms

All federal, state and local laws apply.

Void where prohibited or restricted by law [and, if applicable, in specified jurisdictions].

These Terms constitute the entire agreement between the Sponsor and each Participant.

Rarefied Atmosphere, LLC reserves the right to stop, cease, suspend, or remove any user account, or to take any other action against any Participant that does not meet our Community Guidelines or these Terms.

If there is any third party interference with the Product in any way that makes it impossible to conduct the Product as we reasonably anticipated, we reserve the right, at our equitable discretion, to modify, suspend, terminate or cancel the Product, as appropriate.

We do not encourage the performance of any acts that cause or are likely to cause injuries, or any reckless, dangerous, or violent acts.

We are not responsible for any event of force majeure (including natural disasters, activities subject to the instructions of government agencies, cyberattacks, pandemic, actions taken by governments meeting the “force majeure” definition), system failure qualifying as “force majeure,” actions of third parties (other than our subcontractors), which results in loss, damage, or disappointment suffered by you as a result of your participation in (or inability to join) the Product.

We will not assume any responsibility or liability for any inaccurate or failed electronic data transmission, technical faults, nor any inaccessibility or unavailability of the internet or any other equipment not in our control, except to the extent we are responsible for such failure or unavailability.

In the event of any dispute arising regarding the selection of the Winners, or relating to the corresponding interpretation of these Terms, our decision shall be final and binding on all parties.

Participants shall not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these Terms or any of its rights or obligations under these Terms without our prior written consent.

If any of these Terms herein are found to be illegal, invalid, or otherwise unenforceable, then they shall be deleted from these Terms and the remaining terms shall survive and remain in full force and effect.

The Product does not involve any form of luck or auctions and is based on objective award criteria. Other than as expressly set out in the Terms, we do not make any promises or commitments about the Product, App, or Channel, such as the specific function of the Product or its reliability, availability, or ability to meet your needs.

For questions related to the Product, contact us at help.atmosphere.tv.