Last Modified: September 26, 2023
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 social prediction, trivia-style marketplace game based on real-world and/or pop culture events (“Games”). From time to time, players may be entered into a prize pool in order to win prizes offered by Versus and/or a sponsor of Versus’ Games.
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 Games offered on the Versus Game platform. Your entry in a 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 Games and/or to withdraw and discontinue your participation on the Website. You expressly agree and acknowledge that any and all disputes regarding your participation in a Game shall be resolved in accordance with the provisions contained herein and/or the Terms of Service.
1. ELIGIBILITY
1.1. Games are open only to legal residents of the United States. All Game Players must be at least eighteen (18) years old at the time of entry and physically located in a jurisdiction where participation in the Games is legally permitted.
1.2. Each Game shall begin at the start time designated for such Game on the Versus Game platform and shall end upon the determination of a winner, or at such other time as designated by these Game Rules (“Game Period”).
1.3. Game Players are collectively referred to as “Players.”
1.4. It is the sole responsibility of a Player to determine whether participation in a Game is legal and compliant with all regulations in the jurisdiction in which the Player resides.
1.5. 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 prizes from any Games.
2. ENTRY AND HOW TO PLAY
2.1. In order to participate , Players must be a registered user of the Versus Game platform. During the Game Period, Players can enter the Game by accessing the Versus Game platform and/or participating in contests offered by Versus and/or its affiliates. Versus will publish the applicable Game Period to all Players. Please note that the use of the Versus Game platform, which can be downloaded free of charge, requires a stable Internet connection and a compatible device.
2.2. Players must enter the Game during the Game Period in order to be eligible to win the applicable prize(s). Versus and/or our affiliates’ systems will be used for determining when the Game Period has commenced or concluded, and such determination shall not be disputed for any reason. Only entries submitted during the Game Period are eligible to participate in the Game Period.
2.3. Players earn points by correctly answering questions submitted during the applicable Game Period. There is no penalty for incorrect answers. A Player is prohibited from answering the same question more than once.
2.4 During the applicable Game Period, Versus will automatically enter the top twenty percent (20%) of Players into a prize giveaway (“Eligible Prize Players”). Versus will notify Players if they qualify as an Eligible Prize Player during the applicable Game Period. The winner of the prize for the applicable Game Period will be selected via an automated system random draw conducted by Versus. Once the winner is selected, the Game Period is completed and the point totals for all Players (including Eligible Prize Players) will be refreshed (zeroed out) for participation in a new Game Period.
2.5. Players who earn points without registering throughout the initial onboarding experience will lose their points if they leave the Website or Versus Game platform before completing their registration. A Player must register to save any questions answered and points earned. Players acknowledge that leaving the Versus Game platform before registration will result in forfeiting of any points.
3. GAMES
3.1. A Game consists of a synopsis video with a corresponding question and two answers. A Game is declared when the expiration time is reached and a final correct answer has been determined, plus an additional buffer period to verify correct results. A buffer period is typically 24 hours, but can be longer.
3.2. Versus reserves the right to offer various Games as determined in its discretion. Versus’ decisions regarding the administration and operation of any Game, including, without limitation, the selection of Eligible Prize Players from all eligible participants are final and binding in all matters related to the Game Period. Prizes may vary from one Game Period to another and will be clearly and conspicuously displayed in the description for the applicable Game Period. Versus Game reserves the right to publish prizes unidentified or “mystery prizes,” to be revealed only after a winner has been selected.
3.3. All Versus decisions regarding the operation of a Game Period and Prize Period shall be final and binding.
3.4. Versus reserves the right to modify, alter, or change the rules, regulations, and prize amounts of any Game at any time in its sole discretion. All changes shall be made known on the Website and/or Versus Game platform prior to the beginning of a Game. Each Player acknowledges that he/she shall be responsible for staying up to date on any and all changes made to Versus’ operation of Games. In the event of modifying a Game, a Player’s continued participation in the Game constitutes acceptance of the modified terms.
3.5. Use of robotic, mechanical, or other forms of pre-programmed entry methods is strictly prohibited. Players may not use such manipulation tools and Versus reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entry; provided, however, that no Player in any Game may rely upon or insist upon Versus’ failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one Player’s entry should be discounted because another Player’s entry was or vice versa.
4. WINNER NOTIFICATION
4.1. No Eligible Prize Player may be considered a winner of a Game Period until such 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. Players determined ineligible will forfeit the prize.
4.2. Potential winners must comply with these Game Rules and our Terms of Service and winning is contingent upon fulfilling all requirements made known by Versus.
4.3 All winners will be notified by Versus via the Player’s email used to register on the Versus Game platform.
5. PRIZES
5.1. The manner in which a winner is selected may vary depending on the Game Period. The odds of winning any prize will depend on the total number of Eligible Prize Players for such Game Period.
5.2. 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.
5.3. No substitution or transfer of prize is permitted. Versus reserves the right to substitute the listed prize with another prize of equal or greater value for any reason owing to circumstances beyond Versus’ reasonable control.
5.4. If a potential winner cannot be contacted within seventy-two (72) hours, or if such winner is otherwise disqualified or does not comply with these Game Rules, the potential winner will be disqualified and forfeit the prize. It is the player’s sole responsibility to notify us in writing if you changed your email address during the Game Period. Notwithstanding, no prizes shall be given to any user who is ineligible to participate in the Game or fails to comply with these Game Rules, our Terms of Service, or any other rules for participation in the Game.
5.5. If any potential winner is required by any applicable law, these Game Rules, and/or by any other rules for any applicable Game Period to comply with additional conditions or requirements in order to participate in the Game Period and receive the prize, such potential winner must fully comply with such requirements within the time set by us before and as a condition to receiving the prize. If a potential winner is disqualified for any reason and/or fails to comply with these Game Rules and/or our Terms of Service, such Player shall immediately forfeit any prizes won from participation in the Game Period and we may award the applicable prize to an alternate winner from among the remaining eligible participants, in our sole discretion.
6. PUBLICITY
6.1. By participating in a Game, each Player consents to the use of his/her name, voice, 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).
7. DISQUALIFICATION
7.1. 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 Game, the Website, or otherwise 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 Games and the interpretation of these Game Rules. Entry into a Game constitutes agreement by all entrants to abide by these Game Rules, as well as any other rules established by Versus.
7.2 Versus reserves the right to prohibit the participation of any individual from any Game for any reason, including, without limitation, in the event fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or our Terms of Service. Without limiting the foregoing, Versus may permanently ban any Player who, in Versus’ sole judgment, has been disqualified, has questionable eligibility, or is otherwise ineligible to enter. ANY PERSON WHO DELIBERATELY ATTEMPTS TO UNDERMINE OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE GAMES AND/OR ANY VERSUS SERVICES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTY, AND VERSUS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW
8. LIMITATIONS OF LIABILITY AND RELEASE
8.1. By entering into a Game, all 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 any Game.
8.2. By entering into a Game, all 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 Player’s participation in the Game and/or Player’s acceptance, use or misuse of prizes.
8.3. Versus and the Releasees are not responsible for any incorrect or inaccurate information, whether caused by Website users, Players, or by any of the equipment or programming associated with or utilized in the 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 Player’s participation in a 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 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 Game (and/or the applicable Game Period) and/or select Eligible Prize Players and/or the winner(s) from among all eligible entries received for that Game Period prior to the action taken.
8.4. 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, ALL 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.
9. 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 GAME CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT
9.1 By participating in a Game, you agree that any and all disputes, claims, or controversies arising out of or relating to these Game Rules or participation in a 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.
9.2 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 Game, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue.
10. MISCELLANEOUS
10.1. These Game Rules shall be governed by the internal substantive laws of the state of California, without respect to its conflict of laws principles. All Games shall be subject to all applicable federal, state, and local laws and regulations, and are void where prohibited or restricted by law.
10.2. 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.
10.3. If you have any questions or concerns regarding these Game Rules or the operation of any Game, please contact us at admin@versusgame.com. Versus reserves the right to respond to questions and/or post updates and communications regarding the operation of its Games on the Versus Game platform.
10.4. All information collected from a Player shall be subject to the terms set forth in Versus’ Privacy Policy, found at https://www.versusgame.com/privacy-policy.