RULES
MRKTSTAR, INC.
Updated: July 27, 2022.
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE A PLAYER’S CHANCES OF WINNING. GAMES ARE VOID WHERE PROHIBITED BY LAW.
ALL VERSUS’ GAMES ARE OFFERED FREE OF CHARGE AND STRICTLY FOR ENTERTAINMENT AND ENJOYMENT PURPOSES ONLY. VERSUS’ GAMES AND ANY INFORMATION RELATED TO OR RESULTING FROM THE OPERATION OF VERSUS’ GAMES MAY NOT BE USED IN ANY WAY FOR ANY GAMBLING OR WAGERING PURPOSES, OR FOR ANY OTHER ILLEGAL OR PROHIBITED ACTIVITY.
Versus is a prediction/social gaming platform that allows users to compete in a head-to-head social prediction marketplace game based on real world and/or pop culture events. Versus offers two modes of gameplay: (1) Standard Games, and (2) Premium Games (collectively, the “Games”).
Standard Games are games played with “White Tickets.” White Tickets are provided solely for the purpose of participating in Standard Games, have no real-world monetary value, and cannot be redeemed for prizes, cash, or any other form of currency.
Versus also gives away sweepstakes entries referred to as “Black Tickets.” Black Tickets can be used to participate in Premium Games for a chance to win coins that are redeemable for real prizes.
In playing Games, users are presented with a series of questions in which they are given statistical, empirical, and historical data, including, without limitation: (i) advanced metrics, (ii) charts, (iii) graphs, (iv) news articles, and (v) other pertinent information relative to the question for the purpose of conducting analysis, research, and strategy development needed to make an informed decision. Versus encourages users to review and assess all available statistical, empirical, and historical data relative to the question at hand. Winning outcomes are based upon a user’s ability to analyze research, utilize knowledge, and apply his or her learned experience in partaking in the Games.
These Versus’ Game Rules (“Game Rules”) govern and control Versus Game, Inc.’s (“Versus”) give away of sweepstakes entries referred to as “Black Tickets” and operation of Premium Games (“Premium Games”). Versus also allows users the ability to obtain and use Black Tickets for the purpose of participating in Premium Games.
Your entry in a Premium Game constitutes your acceptance of these Game Rules and any and all other terms and conditions relating to Versus’ operation of its mobile application/website (https://versusgame.com/app/game) (the “Website”) and/or providing of services relating thereto, including, without limitation, the Terms of Service found at https://www.versusgame.com/terms and Privacy Policy found at https://www.versusgame.com/privacy-policy In the event you do not agree or wish to be bound by these Game Rules, Terms of Service, and/or Privacy Policy, your sole remedy shall be to not access Premium Games and/or to withdraw and discontinue your participation on the Website. You expressly agree and acknowledge that any and all dispute regarding your participation in a Premium Game shall be resolved in accordance with the provisions contained herein and/or the Terms of Service.
1. ELIGIBILITY
1.1. Premium Games are open only to legal residents of the Permitted States. All Premium Game Players must be at least eighteen (18) years old at time of entry. “Permitted States” means the United States, excluding the State of Washington and Idaho.
1.2. Each Premium Game shall begin at the start time designated for such Premium Game on the Website, and shall end upon the determination of a winner, or at such other time as designated by these Game Rules (“Premium Game Period”).
1.3. A person who participates in a Premium Game is a “Premium Game Player”.
1.4. A person who participates in a Standard Game is a “Standard Game Player.”
1.5. Standard Game Players and Premium Game Players are collectively referred to as “Players.”
1.6. Premium Games are subject to all applicable federal, state, and local laws and regulations. It is the sole responsibility of a Premium Game Player to determine whether participation in a Premium Game is legal and compliant with all regulations in the jurisdiction in which the Premium Game Player resides.
1.7. Employees (including, without limitation, part-time or temporary employees) of Versus, and any of Versus’ contest sponsors and their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, siblings (half and full) and the steps of each of the foregoing) of each of the above are NOT eligible to enter and/or to win Premium Games.
2. ENTRY
2.1. In order to enter a Premium Game, you must be a registered user of the Website, have at least the minimum amount of Black Tickets in your account required for entry, and enter a Premium Game in accordance with these Game Rules.
2.2. To register for an account, please visit the Website.
3. HOW TO COLLECT Black Tickets
3.1. You may collect Black Tickets in one of the following ways:
a. Accessing the Website / Daily Bonus. Each Player will automatically receive free Black Tickets upon registering an account on the Website.
b. Participation in Standard Games. Each Player may earn Black Tickets as a bonus for winning a certain number of Standard Games.
c. Purchasing Bundles. Each Premium Game Player will automatically receive Black Tickets as a free bonus when purchasing bundles, which contain White Tickets, but also provide Players with access to additional features offered, including, but not limited to, additional Game categories, social interactive features, no advertisements, the ability to create a Game, and/or other features, as determined from time to time by Versus. White Tickets may only be used for playing Standard Games, have no real world value, and may not be redeemed, withdrawn, cashed out or converted into cash or any other form of currency. The amount of Black Tickets a Player will receive as a bonus with purchase of a bundle is stated on the Website. All purchases of bundles are final.
d. Entering Black Tickets no-cost giveaways. Each Player will have the right to receive free Black Tickets by participating in no-cost giveaways hosted by Versus and/or through social media platforms affiliated with Versus from time to time. Giveaways will be at no cost and the amount of Black Tickets given away will be stated for the applicable giveaway. Black Tickets will be credited to each contest winners account upon completion.
e. Email Request option. Players can receive free Black Tickets by sending an email to the following address admin@versusgame.com. Players must include their full name and account information in the request. For each request a Player submits, the Player will receive [1] Black Tickets that will be added to the Player’s account. All requests shall become the property of Versus. Requests received from ineligible entrants will be void. Requests that are determined to be fraudulent will be void, and the person making such request may be barred from further participation in Games and/or banned from using the Website. Incomplete or illegible requests may be disqualified for receipt of Black Tickets. Requests made on behalf of a Player by any individual or any entity, including, but not limited to, commercial sweepstakes subscription notification and/or entering services, will be declared invalid and Black Tickets will not be credited to the Player’s account. Tampering with the entry process or the operation of Premium Games in violation of these Game Rules and/or Versus’ Terms of Service is prohibited and any requests/entries deemed by Versus, in its sole discretion, to have been submitted via automatic processing will be void.
3.2. The amount of Black Tickets a Player has will be displayed in their account on the Website. Versus reserves the right to change the amount of Black Tickets allocated to Players in its sole discretion.
3.3. Versus is not responsible for lost, late, incomplete, invalid, or unintelligible Black Tickets requests.
3.4. Black Tickets may be forfeited if a Player’s account is deactivated for any reason, including, without limitation, violation of these Game Rules and/or Terms of Service.
4. PLAYING PREMIUM GAMES
4.1. Versus reserves the right to offer various Premium Games as determined in its discretion. The amount of Black Tickets required to play any Premium Game will be made known to each Premium Game Player prior to the beginning of the Premium Game.
4.2. Only coins that have been won upon the completion of a Premium Game can be redeemed for prizes.
4.3. All Versus’ decisions regarding the operation of a Premium Game shall be final and binding.
4.4. Versus reserves the right to modify, alter, or change the rules, regulations, and prize amounts of any Premium Game at any time in its sole discretion. All changes shall be made known on the Website prior to the beginning of a Premium Game. Each Premium Game Player acknowledges that he/she shall be responsible for staying up to date to any and all changes made to Versus’ operation of Premium Games. In the event of modifying a Premium Game, a Premium Game Player’s continued participation in the Premium Game constitutes acceptance of the modified terms.
5. WINNER NOTIFICATION
5.1. No Premium Game Player may be considered a winner of a Premium Game capable of redeeming winnings for prizes until such Premium Game Player’s eligibility has been verified by Versus. All decisions regarding verification of eligibility are final and binding. Prior to fulfilling any request for redemption, winners may be required to sign a Release Form/Declaration of Eligibility to confirm eligibility or to ascertain enough information to verify the winner’s eligibility to win prizes.
5.2. Potential winners must comply with these Game Rules and Terms of Services and winning is contingent upon fulfilling all requirements made known by Versus.
5.3. The ability to redeem coins for prizes may be forfeited if a potential winner cannot be contacted, fails to properly execute and return the Release Form/Declaration of Eligibility within the required time period, fails to comply with these Game Rules or Terms of Service, or if the prize or prize notification is returned as undeliverable. In the event that a potential winner of a Premium Game is disqualified or ruled ineligible for any reason, Versus reserves the right to award the applicable prize to the next placed winner in the Premium Game (if applicable).
6. PRIZES
6.1. A Player’s Black Tickets balance is stated in the Player’s account. Black Tickets are non-transferable and cannot be redeemed for prizes.
6.2. All redemptions of coins won from participation in a Premium Game can be redeemed and exchanged for gift cards using an account of a gift card provider authorized by Versus, as amended from time to time.
6.3. In New York and Florida, the maximum redemption of a prize won in any Premium Game is limited to Five Thousand Dollars (USD $5,000.00). Any redemption attempt in excess of Five Thousand Dollars (USD $5,000.00) will not be paid.
6.4. Versus is not responsible for any taxes or fees associated with a prize redemption. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient.
6.5. No substitution or transfer of prize is permitted by users. Versus reserves the right to substitute the listed prize with another prize of equal value for any reason owing to circumstances outside Versus’ reasonable control or any reason at any time in its sole discretion.
6.6. All winners will be notified by via the Website and/or by email used to register on the Website.
7. PUBLICITY
7.1. By participating in a Premium Game, each Premium Game Player consents to the use of his/her name, voices, pictures, images, or other likeness for advertising, promotional and other purposes as determined by Versus without further approval or compensation, worldwide, in perpetuity and in any and all forms of media whether now known or hereafter devised (except where prohibited).
8. DISQUALIFICATION
8.1. Versus reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the operation of a Premium Game, the Website, or to be acting in violation of these Game Rules or Versus’ Terms of Service. Any use of robotic, macro, automatic, programmed or the like entry methods will void all such entries by such methods. Versus shall be the sole arbiter in all matters relating to Premium Games and the interpretation of these Game Rules. Entry into a Premium Game constitutes agreement by all entrants to abide by these Game Rules, as well as any other rules established by Versus.
9. LIMITATIONS OF LIABILITY AND RELEASE
9.1. By entering into a Premium Game, all Premium Game Players agree to release, indemnify, and hold harmless Versus, and its respective parents, subsidiaries, affiliates, distributors, sponsors, contractors, suppliers and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders and agents (collectively, the “Releasees”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury sustained in connection with receipt, ownership, use, or misuse of a prize, or while preparing for or participating in any qualifying or prize-related activity, or in any other way related to participation in the Premium Game.
9.2. By entering into a Premium Game, all Premium Game Players agree to indemnify, defend and hold harmless Versus and its Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to a Premium Game Player’s participation in the Premium Game and/or Premium Game Player’s acceptance, use or misuse of prizes.
9.3. Versus and the Releasees are not responsible for any incorrect or inaccurate information, whether caused by Website users, Premium Game Players, or by any of the equipment or programming associated with or utilized in the Premium Games and assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Premium Game Player’s participation in a Premium Game or receipt or use or misuse of any prize (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Website, (iii) any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions or failures, problems with connections or availability, (iv) garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, (v) traffic congestion, (vi) unauthorized human intervention, or (vii) theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, a Premium Game is not capable of running as planned by reason of infection by computer virus, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond Versus and/or the Releasees control, Versus reserves the right, at its sole discretion, to cancel, terminate, modify or suspend such Premium Game and select the winner(s) from among all eligible entries received for that Premium Game prior to the action taken.
9.4. IN NO EVENT WILL VERSUS OR THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, other than A PLAYER’S actual out-of-pocket expenses ARISING OUT OF YOUR PARTICIPATION IN A GAME. WITHOUT LIMITING THE FOREGOING, PREMIUM GAMES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISPUTE RESOLUTION
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE, ALL DISPUTES ARISING UNDER THESE GAME RULES SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO A PREMIUM GAME CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT
10.1 By participating in a Premium Game, you agree that any and all disputes, claims or controversies arising out of or relating to these Game Rules or participation in a Premium Game (each a “Claim”) shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures. In agreeing to arbitrate all Claims, the parties waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in the county in which you reside, or another mutually agreeable location. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court. All decisions and awards rendered in such a proceeding shall be final and conclusive. At your request, hearings may be conducted in person or by telephone. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys' fees.
10.2 Notwithstanding the foregoing arbitration provisions, in no event shall Versus be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of these Game Rules in any court(s) of competent jurisdiction, and by participating in a Premium Game, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue.
11. MISCELLANEOUS
11.1. These Game Rules shall be governed by the internal substantive laws of the state California, without respect to its conflict of laws principles.
11.2. Nothing in these Game Rules shall create or confer any rights or other benefits in favor of any third party except as expressly provided herein.
11.3. If you have any questions or concerns regarding these Game Rules, please contact us at admin@versusgame.com. Versus reserve the right to respond to questions and/or post updates and communications regarding the operation of a Premium Game on the Website.
11.4. All information collected from a Premium Game Player shall be subject to the terms set forth in Versus’ Privacy Policy, found at https://www.versusgame.com/privacy-policy