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Contest Rules

Last updated: April 1, 2019

No purchase or payment necessary to enter and win the contests on Dibdab ("Sponsor"). Sponsor is the sponsor of all contests (the "Contests") hosted on the Dibdab mobile application (the "App"). The Contests are not sponsored, endorsed, administered by, or associated with Apple App Store or Google Play Store or its subsidiaries or affiliates.

Contests are Games of Skill, Not Chance

Contests taking place in the App are not games of chance and there is no systemic chance involved in the elements of the Contests. The Contest are the same for all users. The user with the most likes wins the contest. There is no element of chance. Notwithstanding the foregoing, Sponsor is not and shall not be responsible for the outcome of Contests as a result of questions stored in the database with incorrect answers.

Eligibility

The Contests are open to anyone in the world who is at least 18 years old as of the date of entry or those 13 – 17 years old who enter a Contest with permission of their parent or legal guardian, subject to these Contest Rules and to geographical based eligibility limitations for fraud, legal or other reasons made in Sponsors sole discretion. Note that the Dibdab application is currently only available in the Apple App Store and Google Play Store. You are responsible for ensuring the contests are permissible in your domicile and your participation is prohibited if it is in violation of any applicable laws or regulations. Any user who is between 13 and 17 years old who enters a Contest represents by that action that they have the permission of their parent or legal guardian to do so. Note that in order to collect cash prizes from a Contest a user must have access to a PayPal account, which access also requires permission from a parent or legal guardian for those persons 13-17 years old. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of the Contests, and their immediate family members or household members are not eligible to participate in or win the Contests. THE CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE TREATED AS CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

Notice to all international entrants

It is your responsibility to comply with the contest laws of your country/jurisdiction and to check to be sure players in your country/jurisdiction are not prohibited from winning due to Sponsor designated limitations to reduce the incidence of fraud or other reasons. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize. If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor.

Entry Period

New Contests will be announced through the App from time to time. No purchase or payment is necessary to participate in a Contest.

  1. Download or open the App on your mobile device, and either (a) if you already have Dibdab, log into your existing Dibdab account, or (b) if you do not already have a Dibdab account, sign up for a Dibdab account.
  2. To join a Contest complete each of the following steps:
    1. Upload a video or import one.
    2. Select which contest, if any, you wish to enter.
    3. You must down rights to the video (it must be your own video) to win 100% of the prize.There may be contests where the prize money is spilt between the clipper and the content creator.
  3. Participation in a contest is first come first served.
  4. In most cases the top 3 spots may win a prize.

For certain Contests, some players may be eligible to play the Contest as a Challenger. Such players who are selected by the Sponsor in its discretion and who are online at the time of the invitation will receive an invitation from the App to exchange a designated amount of in-app currency to join the Contest prior to the start of the Contest. If they accept, such players will have their audio and video displayed to all players of that Contest as well as any spectators for the duration of the Contest and will be eligible for a designated greater portion of the Contest prize or a designated prize exclusive to the Challenger if they win the Contest.

Shows Various types of Contests will be run in the App and the App will display the type of Contest to be played in an upcoming show to users prior to allowing users entry to the show. Each type of Contest will have a different set of rules. The Contest Rules for each game of a type of Contest will remain the same, whether you participate in a Contest in a regular Show or in a Special Show. New Contests will be run from time to time, and their separate Rules will be updated here.

Regardless of the Contests entered all withdrawals will be subject to the terms and conditions of third party payment services utilized by the Sponsor to pay winners and may be forfeited if you violate their Terms, or our "Terms of Service", "Community Guidelines" , or Contest Rules.

We will update these rules with the specific ways to join and how to play applicable to other types of Contests in the future.

By downloading the App, you agree that any information provided by you or collected by Sponsor in connection with a Contest may be used by Sponsor in accordance with Dibdab’s Privacy Policy located here and Dibdab’s Terms of Service, and may be shared with Sponsor’s affiliated business entities, marketing partners and sponsors of particular contests or games. All information submitted to the App becomes the property of Sponsor.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void. In addition, because we feel so strongly that we need to level the playing field for all our players, old and new, experienced and not so experienced, Sponsor reserves the right to disqualify entries and even temporarily or permanently ban players from future Contests who utilize mass group chat functionality to coordinate their gameplay, who utilize third party databases to research and/or deliver their answers to questions (instead of using what is inside their brain), who play multiple accounts or on multiple devices at the same time, or who generate and distribute, or obtain and use, lists of answers to previous Contests in order to obtain an unfair advantage in a repeated Content. And we can disqualify answers or ban players for other types of unfair technical manipulation of the game, Contest or other aspects of the App, including spoofing IP address and other geolocation information and for inappropriate or highly disruptive behavior in the Dibdab community.

Prizes

The winner of each Contest will receive a prize consisting of cash or an in-app virtual currency resource, determined in Sponsor’s sole discretion but displayed at the time that the Contest begins or at the beginning of an extra bonus round if a bonus round is part of the particular Contest (the "Prize"). In the case of multiple winners in a cash show (as explained below), such players will split the Prize evenly unless otherwise displayed at the time that the Contest begins. If a Challenger has been chosen for the Contest and wins the Contest, they will be receive five times the payout as other players who also win the Contest or five time the sole winner’s prize for that Contest, or such higher or lower multiple of the prize as designated by the Sponsor from time to time.

Certain questions in a Contest can be designated as "Prize Questions". For such a question, either a portion of the total Prize for that show will be allocated to that question and distributed evenly between all users who answer that question correctly with the Prize for that Contest being reduced by the pay-outs for the Prize Questions, or an in-app virtual currency resource will be awarded to all users who answer that question correctly and the Prize for that Contest will not be reduced by the pay-outs for the Prize Questions.

Decisions of the Sponsor are final and binding with respect to all matters related to each Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Rules and displayed at the beginning of each Contest. The Sponsor does not guarantee that a Prize can be made available to the winner. No Prize is assignable and is not transferable and no substitutions are permitted. In addition, if a Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim a Prize for any reason including failure to have access to a PayPal account, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all federal, state and local taxes on the value of a Prize. If a user wins any individual or group of Prizes with a value of $600 US Dollars or more, the Sponsor will use the winner’s registration information to contact the user to obtain the user’s US social security number (or compliant statement on the applicable IRS form that the user is not subject to US taxes) in order to file a form with the US Internal Revenue Service about the award of the Prize(s) in compliance with applicable law.

Failure to provide Sponsor with the winner’s social security number or official statement that the user is not subject to US taxes when requested will cause the winner to forfeit their Prize. Prize awards and payments of prizes via PayPal are subject to the winner’s compliance with these rules as well as the Terms of Use of the App. Any user who is banned or blocked from using the App after winning a Prize but before the Prize is paid out via PayPal will forfeit their Prize. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to Kiwi, Inc., Support, 460 S. California, #201, Palo Alto, CA 94306.

Prize Selection

The winner of a Contest will be determined by the rules of that Contest. For shows with a cash prize, if there are multiple winners as determined by these rules (players remaining after a certain number of questions, players who have reached a winning point total, etc) such players will split the Prize evenly unless a different tie breaking or allocation method is displayed to all participants no later than the beginning of the Contest. For shows with a prize consisting of an in-app virtual currency resource, if there are multiple winners as determined by the contest rules, all players will receive the full quantity of that Prize unless a different tie breaking or allocation method is displayed to all participants no later than the beginning of the Contest. For any Prize Questions with a cash reward, a portion of the total prize money will be allocated to all users who answer that question correctly. For any Prize Questions with an in-app resource reward, a portion of that user’s potential total prize will be allocated to that question. For any Prize Questions, a portion of the total prize money will be allocated to all users who answer that question correctly. For each Prize Question and each Contest win, the Prizes will accumulate in the user’s Dibdab account. The total of each user’s accrued Prizes may be viewed through the user’s Dibdab account. If the award of a cash prize is prohibited by applicable law to a user which is otherwise entitled to receive such cash prize, the Sponsor may, in its sole discretion, award an alternative prize consisting of virtual currency for use in the App to that user instead or any other compensation it deems appropriate. Users will need a minimum cash Prize balance of $25 in their account to cash-out via PayPal, a third-party service (or $10 if users are subscribers). No minimum virtual currency Prize balance is required to use virtual currency awards in the App. Cash Prize fulfillment will be subject to the terms, conditions, and privacy policies of PayPal, located at"https://www.paypal.com". There can be only one Dibdab account linked to a Paypal ID and vice versa.

Each Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to each Contest. The winner will be notified in the App or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. The winner must cash-out cash Prizes within 180 days after the date of notification of such Prize. A Contest winner's failure to cash-out the Prize (even if they have not met the $25 [or $10] minimum eligibility requirement [as the case may be]) within the specified 180 days will be considered such Contest winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose to convert the Prize into Keys to be used by the winner in the future. If an entrant is found to be ineligible, including because they are banned or blocked from using the App for breach of "Terms of Service","Community Guidelines" , or other inappropriate behavior in the sole discretion of the Sponsor. Sponsor may, at its option and sole discretion, choose not to award the Prize at all.

General Conditions and Releases

Notice to all entrants (including international): By entering a Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. The winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Unless prohibited by applicable law, your participation in the Contest or acceptance of a Prize constitutes your permission to use your name, submissions, photograph, screen name, likeness, voice and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record you, (ii) have Sponsor (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 Sponsor 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) you 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 a Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in a Contest is at entrant’s own risk. Sponsor 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 a 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 a Contest; or (5) any warranty with respect to any Prize or any component thereof. EACH 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, 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 a Contest, you agree to and hereby do release and hold harmless Sponsor, 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 the 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 a Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend a 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, Dibdab shall promptly post a notice on the App to such effect. Each Contest shall be governed by California law, without regard to conflicts of laws provisions.

At Sponsor’s or your election, all disputes, claims, or controversies arising out of or relating to these Rules or a Contest that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed, and will be conducted in accordance with the rules and regulations promulgated by arbitrator unless specifically modified in the Dibdab Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Dibdab Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Dibdab Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

By entering a Contest you acknowledge that some Contests rely on the speed with which a player responds to liking a video in order to determine which players will be awarded points in the Contest or the amount of points awarded. Users have varying Internet connection speeds and Sponsor’s servers may not recognize responses as quickly for those slower connecting users than for other users. You release Sponsor from any claims that you should have been awarded any, or more, points or other rewards relating to Sponsor’s server response time tied in any way to your Internet connection speed.