Shout Gameplay Terms & Services

Program Overview

Welcome to SHOUT. SHOUT is a revolutionary, interactive game experience where you play and compete on your mobile phone during live sports and entertainment events. SHOUT game players compete to win cash, prizes and deep discounts from our event sponsors. You play, you win, and our sponsors pay. It's not gambling since the app is free. You play SHOUT during commercial breaks so you don’t miss a second of the live action. Be sure to read the privacy statement as well.

During a Gameplay, any and all decisions made by SHOUTcasters or members of the SHOUT team are final in regards to (but not limited to) scoring, questions, and awarding of prizes and are not open for debate or negotiation.

Eligibility

All legal residents of the United States (including Puerto Rico) who are at least 13 years of age are eligible to participate in the Program. In order to participate in the Program, you must download the Apple or Android app (or the web version if one exists) and signup with a valid email address and password or a valid facebook login.

An individual person may only have one SHOUT account regardless of the number of email addresses an individual may own. In order to claim a prize SHOUT may require phone number verification, which will entail linking one valid phone number to a single SHOUT account. A unique phone number may only be linked once to one SHOUT account, and a SHOUT account may only have one number attached to it. If we have a reasonable belief that multiple SHOUT accounts are registered to the same individual, or being played by the same person, we may suspend or terminate any duplicate SHOUT accounts, and also suspend or terminate your participation in the Program. In addition, only one individual person may be registered to a single SHOUT account and only they are authorized to play a SHOUT event signed into that account.

Employees of SHOUT Inc., this contest's participating sponsors and their advertising agencies, and members of the immediate family of any such persons are eligible to participate, however they are not eligible to win cash or deals during the SHOUT events. The term "immediate family" includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws," or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

Enrolling in SHOUT

To enroll in the Program, please download and install our mobile Apple or Android app or, if the Program is available through SHOUT.TV website, access the www.shout.tv website. After doing so, you can register for a SHOUT account by providing a valid email address, choosing a unique user name and password, and providing other information we need in order to open your SHOUT account.

By enrolling in the Program, you agree that you will keep your user name and password secure and confidential and keep your SHOUT account information updated and accurate and that you will notify us immediately of any unauthorized use of your SHOUT account. We will deem any activity occurring through your SHOUT account to be your actions, and you agree that we may rely upon such actions.

Winning/prizes

Winner Selection & Contact Method

Winners will be determined at the end of each SHOUT event. The participants who have accumulated the most points during said event for answering questions correctly and in the shortest amount of time will be selected as the winners and will be contacted via email. SHOUT reserves the right to change or alter, at any time, the guidelines by which winners will be chosen for given events. All prizes will be mailed via ground mail to the winners within 30 days.

In the event of a tie, the winner will be the participant whose correct answer was received and time stamped first. For any disputes, time recorded by SHOUT Inc. servers will be the only time identifier considered. SHOUT Inc. will make best efforts to determine who won a given question, however SHOUT Inc. cannot control factors that could lead to variability in when a participant's question is received by SHOUT Inc. servers and does not accept liability for latencies in delivery.

Decisions and Disputes

SHOUT Inc. reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the contest, or obtained winner status using fraudulent means. Furthermore any attempt to obtain winner status through illegal or fraudulent means could be in violation of federal or state laws and the perpetrator could be subject to state and federal prosecution. Further, SHOUT Inc. will resolve any disputes; conflicting claims or ambiguities concerning the rules and SHOUT Inc.'s decisions concerning such disputes shall be final. All decisions will be made by SHOUT Inc. and are final. SHOUT Inc. may waive any of these rules in its sole discretion. SHOUT Inc. reserves the right to disqualify any winner if any contest rules are violated in any way. Persons wishing to dispute any claims made within this document will be bear sole responsibility for any and all legal fees associated with said dispute.

Prizes

Prizes will include cash, merchandise, and coupons from various sponsors, advertisers, or other companies. These will be determined on a case-by-case basis depending on sponsors, number of SHOUTers playing, and the magnitudes of the event. Available prizes will be announced prior to the commencement of each Gameplay contest.

Offensive, Inappropriate or Illegal Content

The content in question includes but is not limited to any posts submitted by the participant, the username of the participant or any other content created by the participant. SHOUT Inc. reserves the right to remove or modify any content created by any participant for any reason including but not limited to SHOUT Inc. deeming at its sole discretion that the content is offensive, inappropriate or if SHOUT Inc. deems at its sole discretion that the Content's trademark or copyright may be in question. Participant assigns all copyright of content the Participant creates to SHOUT Inc. and asserts that the Participant is the sole creator and owner of the content and indemnifies SHOUT Inc. for any copyright or trademark infringement of the content.

Delivery Disclaimer

SHOUT Inc. disclaims all liability for any delays, mis-delivery, loss, disruption of service, or failure in the delivery of any item sent by mail, email, courier, express, electronic transmission, or other delivery method. This disclaimer also pertains to communications sent to SHOUT Inc. during a GamePlay contest.

Release

By participating, each participant and winner waives any and all claims of liability against SHOUT Inc., its employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the contest, or from the use of any prize.

Tazes

Any valuation of the prize(s) stated above is based on available information provided to SHOUT Inc., and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Prizes are not transferrable or redeemable for cash.

Miscellaneous

No purchase necessary to participate or win. Void where prohibited. Odds of winning depend upon the number of participants. SHOUT Inc. may substitute prizes of equivalent value, amend the rules or discontinue the contest at any time. SHOUT Inc. disclaims any responsibility to notify participants of any aspect related to the conduct of this contest.

Compliance with Law

The conduct of this contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Company shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the contest, etc. as required by local and state law.

Publicity

By participating, all participants and winner(s) grant SHOUT Inc. exclusive permission to use their names, location, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. For more information please refer to our Privacy Policy.

Customer service

If you have a problem or question regarding your SHOUT account, Terms and conditions, or anything surrounding a SHOUT event, please contact Customer Service at info@shout.tv

All questions or disputes regarding the Program, including eligibility, obtaining points, membership tiers, or redemption of rewards, will be resolved by us in our sole discretion.

Changes to the Program

We may modify, restrict or change the Program and/or these Program Terms at any time, which changes may include, but are not limited to, changing the terms of eligibility and enrollment, the number of points obtained for a particular action, The prizes that are awarded for a particular event or action. We will endeavor to notify you of material changes to the Program and Program Terms and, unless you choose to terminate your Program participation, you will be bound by the revised Program Terms. Notification of material changes may be done through the email address you have provided to us, updates to the Mobile App pushed to your mobile device, posting such changes on the Program website, or by any other appropriate method, as we may determine. We also reserve the right to suspend or terminate the Program at any time, in our sole discretion, without liability or compensation to you.

Program terms and conditions for "Invite friends, win Cash"

Eligibility: This program is open to all registered and active SHOUT users (in order to be an active SHOUT user you must answer at least 1 question during the program period).

Timing: The "Invite friends, win cash" program period begins March 11, 2012 6:00 am EST and ends April 3, 2012 6 pm EST.

Prizes: A registered SHOUT player will receive $10 for every 5 new people they sign up to be SHOUT players. In order to count as a referral the SHOUT player must send an invitation via facebook to a non SHOUT player. In order to accept the invitation the invitee must sign up as a new SHOUT player via facebook. If they chose to sign up with their email address they may still qualify if they link their facebook account from the settings tab within the app. To count as a referral, the new player must also answer a minimum of 1 SHOUT question during the program period. Each registered SHOUT player may earn a maximum of $100 regardless of the amount of new players they refer to SHOUT. SHOUT has capped the total payout of all SHOUT players to a maximum of $10,000 during the program period.