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That Ain’t Right! – Rules

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED 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 DEEMED CONSIDERATION. MEMBERSHIP IS REQUIRED 24 HOURS IN ADVANCE TO QUALIFY FOR MONEY AND PRIZES ON GAMEDAY.

ENTRY VIA Black Video Network Gametime account ONLY AND A Kahootit ACCOUNT, AND INTERNET CONNECTION ARE REQUIRED. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY Avista Products.

BY ENTERING THE CONTEST YOU (“PLAYER”) AGREE TO THESE OFFICIAL RULES (THE “OFFICIAL RULES”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

Sponsor That Ain’t Right Trivia (the “Contest”) is provided by Black Video News, for it’s YouTube Gametime members/customers (“Sponsor” or “BVN”).

Eligibility The Contest is open only to Players who are legal residents of any of the fifty (50) United States, the District of Columbia who are at least eighteen (18) years of age and the age of majority in their state or country of residence on the date of entry and who have an eligible BlackVideoNetwork YouTube Gametime membership account. An “eligible” Kahoot.it account is one that has successfully completed sufficient identity verification procedures, in Black Video Network’s sole discretion. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Contest Entities”) are not eligible. For the purposes of the Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply). Only one person per Contest may be the Player for each YouTube account.

Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Contests that may prevent Sponsor from awarding you your Prize (as defined below). 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. By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.

Contest Timing

The Contest will be hosted on the Black Video Network YouTube channel at various times as determined solely by Sponsor.

Sponsor will announce Contests through Email or through social media channels from time to time. Sponsor has no obligation to provide any prior notice before beginning a Contest. It is your responsibility to monitor for announcements or the start of any Contest. Sponsor reserves the right to cancel Contests, in our sole discretion, with no restrictions.

How To Play

Players use their own devices, e.g. a phone, to join the game via kahoot.it or the Kahoot! app, by entering the PIN and their nickname. Once all players are in the game lobby, click Start. Players answer the questions they see on the shared screen with their devices. Any Player who answers each question correctly and high score will be a winner of the game (each, a “Winner”). There may be more than one Winner of any given Show.

Play a Contest by completing each of the following steps:

Login to your Youtube account and navigate to the Black Video Network Channel.

Engage with the Kahoot.it app and enter your nickname or email (required for payment), as prompted.

When the Contest begins, you will have a set amount of time (e.g. 10 seconds) to answer each question (this amount of time may vary between Contests).

Answer correctly and quick you will move on to the winner circle. If you answer incorrectly you will not be eliminated from the “virtual gift card” or “prizes”.

Answer all questions correctly and you will be a Winner.

If you are a Winner, we will verify that you are a Current Black Video Network Gametime Member and within 5 days a Virtual Gift Card will be emailed to the email on the account. If more than one game is won during the show one virtual gift card will be submitted to the email

Odds of Winning

The Contest is a skill-based game. Your odds of winning depends on number of eligible Players and your ability to correctly answer the questions asked.

Prize

The Winners, upon providing the requested information and completion of all verifications and obligation requirements described in these Official Rules, will receive a virtual gift card or prize, the amount of which will be determined in Sponsor’s sole discretion and may vary between Contests (the “Prize”). If no Player answers all questions correctly there will be no Winner.

In a “split” Prize format, each Winner will receive their pro rata portion of the total Prize for that Contest. If there is one Winner, that Player will receive the entire Prize. If there are multiple Winners they will split the Prize evenly.

In a “flat” Prize format, each Winner will receive an equal Prize amount (e.g. $25 per Winner).

Sponsor will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. Sponsor will use your account information to contact and verify Winners. Out of date or incorrect account information at the time you enter a Contest may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in termination of that account and forfeiture of any Prizes awarded.

The Prize may be paid out by Sponsor or a designated third party. If by a third party, Winners must also follow any instructions or requirements of such third party to collect their portion of the Prize. Prizes may take up to five (5) business days to be delivered.

Sponsor expressly reserves the right to disqualify any participation that it believes in good faith is generated by an automated means or scripts, consists of cheating or fraudulent play, or that violates any of these Official Rules or Sponsor’s terms of service. Participation generated by script, macro or other automated means are void.

Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any Prizes other than the Prize specified in these Official Rules. The Sponsor does not guarantee that the Prize can be made available to any 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 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 the Prize. Winners shall provide Sponsor with accurate information regarding their identity and state or country of residence.

Conduct Rules

Players must play by themselves, and may not communicate with, work with, or otherwise benefit from others while participating in a Contest. Players must answer questions based on their personal knowledge and not use third party research tools (online or otherwise) to derive correct answers.

Winner Notification and Information

In order to facilitate the delivery of a Prize (as defined below), Sponsor may attempt to contact the winner using the phone number provided during account registration. If Sponsor cannot get in contact with the winner using that phone number or email, the winner may forfeit his/her Prize after 30 days. Certain Contests are only open to residents of specific countries. Any person that enters into a Contest that he/she is not eligible to enter may not win a Prize (as defined below) in that Contest.

Taxes

You, not Sponsor, are responsible for filing and paying applicable state and federal taxes on any winnings. Sponsor does not provide tax advice, nor should any statements in these Official Rules or on the Contest be construed as tax advice.

Winners may be required to provide updated address and social security (or other tax identification number) details to Sponsor. These details will be used to allow Sponsor to comply with tax regulations and may be shared with appropriate tax authorities. You must provide accurate and complete information. If you provide any information that is inaccurate, not current or incomplete, or Sponsor has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Sponsor may deny you access to Contests, disqualify you from Contests, revoke Prizes, and/or terminate your Cash App account in its sole discretion.

Termination

We may terminate your access to all or any part of the Contest at any time, with or without cause, with or without notice, effective immediately.

Hosts

The views and opinions of our hosts are their own and not necessarily representative of the views and opinions of Sponsor or its employees, and Sponsor assumes no responsibility for the content, accuracy, or views of or opinions expressed by such hosts.

Licenses and Approvals

By participating in the Contest, Player represents and warrants that Player meets all eligibility criteria for participation in the Contest. In addition, by participating in this Contest, Player grants the Contest Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit Players’ name, voice, persona, likeness, image, prize information, any quotes attributable to Player, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Contest, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Player releases all Releasees from any and all liability related thereto.

PLAYER FURTHER ACKNOWLEDGES THAT IF PLAYER IS CHOSEN AS A WINNER, PLAYER’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO PLAYER’S NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.

Limitation of Liability

The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Contest participation attempts, e-mail, mail, Contest-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of notification or correspondence, the processing of Contest participation, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Player’s email account. Sponsor is not responsible, and may disqualify Player, if his or her email address, telephone, or other contact information does not work or if it is changed without Player giving prior written notice to Sponsor.

AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH PLAYER AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, CONTEST ENTITIES, TWITCH AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

EACH PLAYER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF TEXAS AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Additional Disclaimers

Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Player or Winner or any person claiming through such Player or Winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

Disputes and Governing Law

BY PARTICIPATING IN THE CONTEST, EACH PLAYER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN PLAYER AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PLAYER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PLAYER HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PLAYER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PLAYER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Texas, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in San Antonio, Texas, and each entrant accepts and submits to the personal jurisdiction of these Texas courts with respect to any legal actions, suits or proceedings arising from or relating to this Contest or these Official Rules.

General Rules

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Contest, Sponsor reserves the right to restrict or void participation from any IP address if any suspicious activity and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void participation of any Players who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Players waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that Player is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate Winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. Each potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Player and individual(s) may be deemed ineligible in Sponsor’s sole discretion.

CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.

Official Rules and Winner List

For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to That Ain’t Right Trivia, ATTN: Official Rules (or “Winner’s List”) Request, 3363 E. Commerce, Suite 116, San Antonio, TX 78220.” Official Rules requests must be received no later than one month after the end of the Contest Period and the winner’s list request must be received within three (3) months of the end of the Contest.

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