Streak Contest - Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SOME RESTRICTIONS APPLY. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES AND YOUR SUCCESS IN THE CONTEST. OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, EXCLUDING NEW YORK AND FLORIDA, WHO ARE AT LEAST 18 YEARS OLD AND MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE READ THESE RULES IN THEIR ENTIRETY.

Any individual who enters, attempts to enter, or in any way participates or attempts to participate in the Streak Contest (“Contest”) (each such individual is hereinafter referred to as a “Participant”), agrees to be bound by the terms and conditions provided in these Official Contest Rules (“Official Rules”), as well as by MobLab Limited’s interpretations of these Official Rules which are final and binding in all matters relating to any Contest.  Please read these Official Rules.

1. SPONSOR

The Contest is sponsored by CapperCon Event Group LLC, PO Box 1191 Edison, NJ 08818, United States (“Sponsor”).

2. CONTEST PERIOD

Entries must be made during the time periods advertised or otherwise prescribed for the Contest (the “Entry Period”) and, unless otherwise stated, will require at a minimum the Participant’s name, address, daytime telephone numbers, and age. Sponsor’s computer will be the official clock of the Contest. Sponsor reserves the right to end the Contest at any time upon 3 days’ notice to Participants. Notice will be made via the Mobile Application.

3. ELIGIBILITY

Subject to the additional limitations set forth below, the Contest is open only to legal residents of the 50 United States and the District of Columbia, excluding New York and Florida, who are eighteen (18) years of age or older, or the age of majority in their state of residence, whichever is older at time of entry. Contest is not open to officers, directors, employees, agents, and/or contractors of Sponsor, MobLab Limited or any of their parent companies, affiliates, subsidiaries, franchisees and advertising or promotional agencies, or to the immediate family members of, or to any persons domiciled with, any such officers, directors, employees, agents, or contractors. For purposes of the Contest, “immediate family members” are defined as spouses, children, siblings, parents, grandparents and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.

The participant is only eligible to win each prize type once. If a Participant wins the prize for completing the first 5 levels of a sequence, and then loses when they start the sequence again and achieve level 5 again, the Participant will not be eligible for the level 5 prize again but the participant will be eligible for higher level prizes such as level 10 prizes that the participant has not already received.

4. HOW TO ENTER THE CONTEST

Participants may register to participate in the Contest during the Entry Period by using the free Streak Contest mobile application (the “Mobile Application”) to create an account. No other method of registration will be accepted. All entries must include a valid email address for the participant. Limit one (1) registration per person. To register for the Contest via the Mobile Application, install the Mobile Application using a compatible device as directed. Once the Mobile Application is installed and an account has been created, visit the Mobile Application to see the available Games.  Duplicate entries in a Game will not be counted. Follow the instructions and play the Game to make your selections. No purchase or payment is necessary at any time. Entries must be received during the stated dates and times during the Contest Period. Entries will require your mobile number. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason are void and will not be accepted. Entries that do not follow these Contest Official Rules will be not be accepted or will be disqualified. Please note: Standard data usage and other carrier fees may apply; check with your carrier for pricing details. Wireless service is not available in all areas. Throughout the Entry Period, Sponsor may release important updates to the Application for which you will receive notification via in-app messaging or otherwise. Be sure to install these updates to ensure you are able to make selections via the Application. If you do not install updates to the Application when they are available, you may be unable to make selections.

5. HOW TO PLAY

Each day on which a regular season or post season Game (as defined below) is played during the Entry Period (each, a “Game Day”), eligible Entrants will be asked to make predictions regarding the outcome of games and discrete events occurring within a game. A Game shall mean any regular season game in the following leagues: Major League Baseball, National Football League, National Hockey League, National Basketball Association, National Collegiate Athletic Association Men’s Football; National Collegiate Athletic Association Men’s Basketball, or any other such league identified in the Mobile App. The types of predictions a Participant will make will range from selecting which team will win, by how many points the team will win by and if the cumulative score is higher or lower than a predetermined number. Sponsor will determine for each  Game what the predictions will be for each Game. Prizes will be awarded based on the number of correct predictions made by a Participant in a row without an incorrect prediction (a “Streak”). Sponsor will specify the prizes attributable to various Streaks at the Mobile Application prior to entry. Upon an incorrect prediction, a Participant’s Streak will be reset to zero. By way of example only, if Sponsor stated through the Mobile Application that prizes would be awarded upon a three-game Streak and a five-game streak, and a Participant correctly predicted five Games in a row, such Participant would win both the three-game and the five-game prize; however, if the Participant correctly predicted three games in a row, incorrectly predicted a fourth, and then correctly predicted a fifth and sixth game, such Participant would only win a three-game prize. A participant’s Streak will not end if they fail to make a prediction for a Game, however, the Streak will end if the participant fails to make a prediction for more than 72 hours.

6. PRIZES, APPROXIMATE RETAIL VALUE ("ARV"), AND ODDS OF WINNING:

The award of a prize is subject to verification of eligibility and compliance with these Official Rules. The Actual Retail Value (“ARV”) of the prizes vary but will be posted on the Mobile Application, in advance of each Game. All prizes will range in value between $1 to $100,000 and may be split between the winners if there are multiple winners as determined by Sponsor. Sponsor reserves the right to award no prizes in the event no participants meet the requirements for winning a prize. Payment of all prizes are to be made by Sponsor. In the event that a single Participant wins a prize with a value greater than $600.00, or that a single Participant wins multiple prizes in a single calendar year with a cumulative value greater than $600.00, Sponsor will furnish an Internal Revenue Service Form 1099 to winners such prizes and a copy of such form will be filed with the IRS, and Sponsor may require Participant’s signature and tax identification information in order to claim such prize(s).

7. PREREQUISITES TO PRIZE AWARD:

Prior to being awarded a prize, winners may be required to provide (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsor reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Sponsor’s sole discretion. Winners may be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute these documents if selected as a winner in order to receive their prize. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize. Sponsor will determine all details of the prizes in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of a prize are the sole responsibility of each winner. All decisions of Sponsor are final. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Neither Sponsor nor or any of its agents, employees, affiliates, subsidiaries or contractors shall have responsibility or liability for cancellations, delays, or any other change in any Contest (including due to any change in the schedule of any applicable sports league) and its agents, employees, affiliates, subsidiaries or contractors are not responsible or liable for any expenses incurred as a consequence thereof.

8. ODDS OF WINNING

The odds of winning a prize in the Contest will depend on the total number of  questions asked, the difficulty of such questions, and each Eligible Entrant’s skill in playing each Game.

9. DISQUALIFICATION

All participants agree to be bound by these Official Rules. Non-compliance with any of these Official Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsor, in its sole discretion, further reserves the right to disqualify any person for:  (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.  CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, MOBILE APPLICATION, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

10. RULES CHANGES AND INTERPRETATIONS

Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules as well as the rules of any contest at any time without notice. Sponsor reserves the right in its sole discretion to interpret the Official Rules, and such interpretation shall be binding upon all participants.

11. OFFICIAL RULES/LIST OF WINNERS

Copies of these Official Rules may be obtained by sending a self-addressed stamped envelope to: MobLab Limited, Centris Business Gateway II, Level 3, Suite D, Salib Tal-imriehel Str Zone 3, Central Business District, CBD 3020 Birkirkara, Malta. For a list of any Contest winners (excluding any winners of prizes under $5.00 USD) send a self-addressed, stamped envelope to:  Centris Business Gateway II, Level 3, Suite D, Salib Tal-imriehel Str Zone 3, Central Business District, CBD 3020 Birkirkara, Malta.

12. PRIZE WINNER NOTIFICATION

Prize winners will be selected per the criteria announced for the Contest.  The decisions of Sponsor and/or the other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information. Prize winners will be notified via the Mobile Application that they have won.  If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner. A PARTICIPANT, INCLUDING A PROVISIONAL WINNER, IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.

13. RELEASE

By participating in the Contest, each Participant agrees to fully release, forever discharge and hold harmless Sponsor, its parent companies, subsidiaries, affiliates, and franchisees, and the officers, directors, employees, agents, representatives and successors and assigns of all of the foregoing companies (collectively, the “Contest Entities”) from and against any claims, costs, liabilities, losses, injuries and damages arising out of the Contest, including, but not limited to, any claims for personal injury, death, or damage to or loss of property, loss of enjoyment, or any other harm whatsoever arising out of: (1) participation in the Contest; (2) the quality, receipt, possession, use, or misuse of any prize; or (3) any travel or activity that is related to the Contest or any prize.

14. DISCLAIMERS OF LIABILITY

By entering, participants acknowledge and agree that the Contest Entities will not be liable for losses, damages or injuries of any kind resulting from acceptance/possession/use/misuse of and/or inability to use a prize(s), the theft of prizes or mail, travel to and from or participation in any prize-related activity, participation in the Contest, printing, mailing or distribution errors, or any malfunctions of the telephone network, computer internet system, computer dating mechanism, computer equipment, software, or any combination thereof, or for any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, postage-due, forged, illegible, inaudible, mutilated, mechanically duplicated, mass machine printed, or otherwise not in compliance with these Official Rules, or other errors of any kind that may occur in connection with the Contest, including, without limitation, errors in connection with the administration of the Contest, the processing of entries, the announcement of the Price or in any other Contest related materials. Contest Entities are not responsible or liable for any injury or damage to any participant’s or third person’s computer or mobile device and/or their contents, related to or resulting from the Contest. Sponsor reserves the right to terminate, suspend or modify the Contest if, in its sole discretion, it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical failures, printing, mailing or distribution errors, or any other unanticipated causes or occurrences have compromised the fairness or integrity of the Contest. In the event the Contest is terminated prior to the stated end date, Sponsor reserves the right to award the prize in a random drawing from among all eligible entries received as of the date of termination. BY ENTERING, PARTICIPANTS FURTHER ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEBSITES, APPS, ENTRY PAGES AND THE PRIZE, ARE PROVIDED “AS IS” AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTEST ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE PRIZES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE. Any and all guarantees and warranties and conditions for merchandise prizes are subject to the manufacturer’s and/or service provider’s terms and conditions, and winners agree to look solely to such manufacturers and/or service providers for any warranty, condition or guarantee claim. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest.

15. AGREEMENT TO ARBITRATE

To the fullest extent permitted by law, by participating in the Contest, a Participant understands and agrees that:

  1. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
  2. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
  3. Any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of State of New Jersey, without regard to the conflicts of laws and rules of New Jersey;
  4. Any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of New Jersey, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
  5. If for any reason a claim or dispute regarding the Contest or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.

The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

16.MOBILE APP STORES

 A. Apple Inc., the Apple App Store and their associated companies and brands are not a sponsor of the Contest or in any way associated or affiliated with Sponsor.

B. Alphabet Inc., the Google Play store, and their associated companies and brands are not a sponsor of the Contest or in any way associated or affiliated with Sponsor.

17. Prize Payment

Participants must submit payment information for prize payments to be made.  Participants are solely responsible for the accuracy of such information. MobLab Limited shall not be held liable in the event of incorrect payment information being used and prize earnings lost due to participant providing incorrect payment information. Prizes over $9,000 shall be paid shall be paid in monthly payments. The monthly Prize amount will be paid in thirty-six monthly installments. The initial payment shall be paid within sixty days upon completion of all internal validation procedures. The subsequent thirty-five payments shall be paid monthly. All such monthly payments shall be made within twenty days of the anniversary of the first payment.

18. Death of Winner

In the event of the death of a winner during the monthly payment period, unless prohibited by state law, the MobLab Limited, in its sole discretion upon the petition of the estate of the winner (the “Estate”) or the persons identified on the winner’s Beneficiary Designation form (BDF), whichever is applicable, to the state in which the deceased winner entered the contest, and subject to applicable federal, state, or district laws, may make payment to the Estate or the designated beneficiary of the discounted present value of the remaining monthly prize payments. If such a determination is made, then securities and/or amounts held to fund the deceased winner’s monthly prize may be distributed to the Estate or the persons on the BDF.

19. Claim Expires in One Year

Claims for all prize categories, including the Jackpot Prize, shall be submitted within 30 days after the date of the drawing in accordance with this division. Any prizes left unclaimed shall be deemed void and null.

20. MINIMUM PAYMENT

The Streak App shall process payments beginning at $5. Users cannot request a payment until such a minimum winning balance is owed.