XSQUIZ ONLINE TRIVIA OFFICIAL RULES
XSQUIZ ONLINE TRIVIA OFFICIAL RULES
Players may be asked to pay an entrance fee or participation fee in order to play. XSQUIZ ONLINE TRIVIA ("XSQUIZ") is sponsored by Excesss Karaoke & Trivia ("Excesss").
XSQUIZ IS 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 DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Subject to these Official Rules, XSQUIZ 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), HQ may attempt to contact the winner using the phone number provided during account registration. If HQ cannot get in contact with the winner using that phone number, the winner may forfeit his/her Prize. 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.
Employees, agents, and contractors (collectively, "employees") of EXCESSS and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and all persons residing in the same households as employees, including but not limited to immediate family members are not eligible to win XSQUIZ while the employee is employed or engaged by EXCESSS and for six months following the employee’s last day working with or for EXCESSS.
Entrants may, in certain circumstances, communicate with, work with, or otherwise benefit from others with whom they have a preexisting relationship while participating in XSQUIZ. However, entrants may not communicate with, work with, or otherwise benefit from more than 10 other persons while entering XSQUIZ if the communications between the entrant and those persons is facilitated by any technological means other than those explicitly provided by EXCESSS.
EXCESSS reserves the right to verify an entrant’s eligibility before, during, or after the Contest.
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 EXCESSS 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 EXCESSS. By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
EXCESSS will announce live trivia Contests from time to time. The announcement will indicate the date and time of the Contest, as well as the participation/entry fee and the prizes that will be awarded. Players may join a Contest while it is live. EXCESSS reserves the right to cancel Contests, in our sole discretion, with no restrictions.
HOW TO ENTER:
A participation fee may be necessary to participate in a Contest.
Enter a Contest by completing each of the following steps: Pay for the trivia game through the method presented in the Facebook online trivia event description.
Go to xsquiz.com and enter the code for the Contest that is about to be played.
Complete the sign in prices as outlined on the XSQUIZ site, and answer all questions to the best of your knowledge.
Play at least one HQ live trivia game show match or HQ live word puzzle match to completion.
Each XSQUIZ 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 EXCESSS determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that EXCESSS may have, EXCESSS reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
XSQUIZ will only issue a Prize and any tax forms if they are required, to the individual identified in the account information for the winning account. XSQUIZ uses 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 XSQUIZ account and forfeiture of any Prizes awarded.
Decisions of EXCESSS are final and binding with respect to all matters related to the Contest. In no event shall EXCESSS be obligated to award any Prizes other than the Prize specified in these Official Rules. EXCESSS 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, EXCESSS 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 EXCESSS with accurate information regarding their identity and country of residence. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to Excesss Karaoke &Trivia, 1250 E Cooke Rd, Columbus, OH 43224
The Contest will be conducted under EXCESSS's supervision. The decisions of EXCESSS are final and binding in all matters relating to the Contest. The winner will be notified during the live broadcast of the hosted Contest; provided, however, that EXCESSS reserves the right to determine an alternate method of notification. If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
XSQUIZ In XSQUIZ Trivia contests, Players must select the correct answer to each question to gain points. If a player submits an incorrect answer or fails to select an answer in the allotted time, the player will lose points, but will still be able to play the game. Paying of fees are based on allowing people to play the trivia Contest, vs paying to win a prize. Answering one or more questions incorrectly does not effect a participants ability to play. The winner of an XSQUIZ Trivia Contest will be the individual or team with the highest score, either at the end of the entirety of al games played in that Contest session, or at e csonclduion of each XSQUIZ game show match. If there are multiple participants or teams with a tie remaining after the final question, such remaining players will either split the Prize evenly or be subject to another question or contest at the sole discretion of the EXCESSS XSQUIZ host.
GENERAL CONDITIONS AND RELEASES:
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 XSQUIZ that may prevent EXCESSS 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 EXCESSS. By entering XSQUIZ, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
Notice to all entrants (including international): By entering XSQUIZ 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 EXCESSS'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, postal address, and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) 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 audiovisually 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) 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.
In order to be eligible for a Prize above $1,000 (a “Large Prize”), Sponsor may require a winner to, within ten (10) business days of winning the relevant XSQUIZ, (i) sign a Liability and Publicity Release as drafted by Sponsor, which may impose obligations beyond those stated in these Official Rules, and (ii) partake in an interview conducted by EXCESSS or its agent, providing truthful and accurate information in response to the interview questions, and (iii) be photographed, recorded, taped, filmed, or otherwise visually or audiovisually recorded while partaking in such an interview or in other circumstances to be determined in Sponsor’s sole discretion. A winner’s refusal to fulfill either any of these obligations shall cause the winner to be ineligible for the Large Prize and Sponsor may withhold or revoke the awarding of the Large Prize. Sponsor, in its sole discretion, shall reasonably determine the subject, timing, and means of interviewing the winner.
Participation in XSQUIZ is at entrant’s own risk. EXCESSS 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 XSQUIZ; (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 t XSQUIZ; 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, EXCESSS 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 XSQUIZ, you agree to and hereby do release and hold harmless EXCESSS, 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. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor 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, HQ shall promptly post a notice on the HQ App to such effect. This Contest shall be governed by New York law, 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 Columbus, Ohio, by and under an arbitrator selected by and approved by EXCESSS. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, EXCESSS 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.
XSQUIZ ONLINE is a Trivia Game of SKILL, not CHANCE, and is NOT GAMBLING!
We have been asked if XSQUIZ could be though of as a"game of skill" or if it is "game of luck" - especially when it comes to considering if our trivia option is considered gambling for legal purposes. Because the outcome and the subsequent opportunity to win is dependent on participant's skills in trivia (as it relates to general knowledge), XSQUIZ is considered a game of skill, rather than a game of luck.
As far as we have been able to deduce, current US laws governing "games of skill" vs "games of luck" leads us to believe we can safely charge participants a fee to play.
Below is our overview of XSQUIZ Online Trivia as it relates to its classification as a game of skill.
Definitions for various terms, such as (game of skill, game of luck, gambling, and parimutuel) have been included to provide a comprehensive look as to why XSQUIZ Online Trivia falls under a game of skill.
Please note: laws and definitions as they relate to XSQUIZ Online Trivia are aligned with OHIO regulations, as XSQUIZ Online Trivia falls under their jurisdiction.
DEFINITIONS GAME OF SKILL:
The United States defines a game of skill as an activity where certain skills are needed to affect the outcome. If you understand the strategy of a game like poker or blackjack, you can improve your chances of winning with better decision-making.
GAME OF LUCK:
Games of luck, also known as Games of Chance, include games such as slot machines, roulette, scratch tickets, and bingo. In these types of games, the outcome isn’t affected on any skills you may, and how well you know the game does not affect the outcome. No amount of skill is involved for what bingo ball is called next- it is entirely up to chance.
Under OHIO law, gambling occurs in a game when "a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance.” Trivia games, such as XSQUIZ Online Trivia, is entirely dependent on the individuals knowledge of the questions being asked, and therefore there is little chance involved. No one could get through a spelling bee, a college or high school quiz bowl, or a Jeopardy-style show with much success without having skills -specifically the knowledge needed to know the answers. XSQUIZ Online Trivia is much the same: it tests the participant's knowledge, and therefore is a game of skill, vs change or gambling.
XSQUIZ Online Trivia is a game of skill. The outcome and the resultant opportunity to win is dependent on a participant's skills in trivia, rather than being a game of luck. We do charge a participation fee to play. But a fee to play is not a wager, as no betting or wagering, nor game of chance is involved. The prizes awarded are not determined by the amount collected or number of players for that game. There is no wagering to win, and the prizes are determined and announced before anyone pays a participation fee. All prizes for a round of XSQUIZ Online Trivia all announced prior to knowing how many people will play. Prizes are not changed based on if more or fewer people play.
XSQUIZ Online Trivia can pose risks for users who don’t comply with our rules and regulations. While we do require all players to be 18 years or older, this can be hard for XSQUIZ Online Trivia to monitor. If the user falsifies their age, they could face negative consequences from authorities. If anyone is playing XSQUIZ Online Trivia in a state or country where XSQUIZ Online Trivia is prohibited, they will have to forfeit any winnings and could face local legal consequences.
Some United States DO prohibit entry fees for games of skill. Vermont, Maryland (regarding requiring “the purchase of a product” in order to play), and Florida, where utilizing entry fees as the jackpot winnings is prohibited. XSQUIZ Online Trivia therefore does not allow participants from these states to play.
XSQUIZ Online Trivia is considered a game of skill, not a game of chance, and therefore no regulations or laws as it relates to gambling are associated. While XSQUIZ Online Trivia does charge a few to participate, this fee is not a wager or bet and does not change the amount which participants can win. All players should check with their federal, state and local laws to make sure they are not in violation if they choose to play.
1250 e cooke rdColumbus, Ohio 432224
Last Edited on 2020-11-24