Game Rules

SPELLIT® CONTEST OFFICIAL RULES

 NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The SPELLIT® Website and Application ("App") conduct promotions (“Contest”) which are sponsored by Spellit.com, LLC ("Sponsor"). The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc., Google LLC, or their subsidiaries or affiliates.  THE CONTEST 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. ELIGIBILITY:   Subject to these Official Rules, the Contest is open to individual persons who are at least 13 years old as of the date of entry who have created an account on www.spellit.com (the “Website”) or have downloaded the App and created an account on the App (“Entrant”). Eligible individuals who are under the legal age of majority in their jurisdiction of primary residence (a “Minor”) must have their parent or legal guardian’s permission to participate in the Contest. The eligible Minor will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner or any prize can be awarded under the terms of these Official Rules.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. To facilitate delivery of a Prize (as defined below), Sponsor may attempt to contact the winner using the phone number provided during account registration. If Sponsor is unable to contact the winner using that phone number, the winner may forfeit his/her Prize. Certain Contests are only open to residents of specific statesor 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 Sponsor and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives, agencies, other entity involved in the development or administration of this Contest, and immediate family members of such Employees and persons living in the same household as such Employees (whether related or not) are not eligible to win the Contest while the Employee is employed or engaged by Sponsor and for six months following the employee’s last day working with or for Sponsor. For the purposes of the Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
 Entrants may, in certain circumstances, communicate with, work with, or otherwise benefit from others with whom they have a preexisting relationship while participating in a Contest. However, Entrants may not communicate with, work with, or otherwise benefit from more than five (5) other persons while entering a Contest if the communications between the Entrant and those persons is facilitated by any technological means other than those explicitly provided by Sponsor.
 Sponsor reserves the right to verify an entrant’s eligibility before, during, or after the Contest. Notice to International Users: You acknowledge that it is your responsibility to comply with promotion laws and regulations of your country, region, and jurisdiction. By entering any Contest with Sponsor, you acknowledge all the legal risks and acknowledge that you may not be eligible to win or receive your prize if the laws in your country, region, or jurisdiction prevent you from doing so and your prize will not be awarded. You also acknowledge and understand in cases of cash/monetary winnings you understand that Sponsor cannot send physical checks or cash to non-US/international winners. If you cannot accept PayPal or other third-party online payments (as determined by Sponsor in its sole and absolute discretion), you are not eligible to be awarded the prize and the prize will be forfeited. All cash/monetary winnings by non-US/international winners are in USD. You further understand that Sponsor is not responsible for any third-party fees, fluctuations in exchange rates, or electronic delays that may be implemented by PayPal or any other third-party service used by Sponsor at the time of the monetary transfer. Sponsor is not responsible for monetary transfers or shipments sent to the incorrect digital or physical address if the potential winner provided such incorrect information.
 By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
AGREEMENT TO OFFICIAL RULES:

 Contest will be conducted by Sponsor and each Entrant who participates (or his/her parent or legal guardian if an Eligible Minor) in the Contest unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Contest. Sponsor reserves the right to determine Entrant’s eligibility based on the criteria set forth in these Official Rules.
 Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Website or App, and timely returns all prize claim documentation. Until a potential winner is verified to be eligible and in compliance with these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Website or App, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Website or App, and/or not being eligible to participate in the Contest. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
ENTRY PERIOD:

 Each Contest will be announced on the Website or App for that specific promotion. You may join the Contest while it is live. Sponsor reserves the right to cancel any Contest, in its sole and absolute discretion, without any restrictions.
HOW TO ENTER:

 No purchase or payment is necessary to participate in a Contest. Enter a Contest by completing the following: Website:
 Access your free SPELLIT® account on the Website to play SPELLIT. If you do not already have a SPELLIT® account, sign up for a free SPELLIT® account. Creating an account is required to enter the Contest. By accessing the SPELLIT® Website, you further agree that use of the SPELLIT® Website is subject to SPELLIT’s Terms of Use located at www.spellit.com/terms and Privacy Policy located at www.spellit.com/privacy. All information submitted to the SPELLIT® Website becomes the property of Sponsor
  OR
  App:
 Download or open the SPELLIT® App downloaded through the Apple Store or Google Play Store on your mobile device, and either (a) if you already have a SPELLIT® account, log into your existing SPELLIT® account, or (b) if you do not already have a SPELLIT® account, sign up for a free SPELLIT® account
  By downloading the SPELLIT® App, you further agree that use of the SPELLIT® App is subject to SPELLIT’s Terms of Use located at www.spellit.com/terms and Privacy Policy located at www.spellit.com/privacy.
  Playing:
  This contest requires the use of an internet enabled website or mobile device with sound. In order to play SPELLIT® you must first register and create an account so you can claim your prize if you're a winner.
  Entrants will be given 10 words to spell. When using the App or Website on a mobile device or touchscreen enabled device, without the aid of any other mechanical or electronic or digital assistant device, players will press the numerals on the SPELLIT® keypad that contain the letters necessary to spell the words. When using the Website on a device that does not have a touchscreen, without the aid of any other mechanical or electronic or digital assistant device, players will use the cursor via a mouse connected to their device to select the numerals on the SPELLIT® keypad that contain the letters necessary to spell the words. For example, the word "CASH" would be spelled by pressing or selecting the numbers 2 2 7 4 on the keypad. If there is more than one recognized spelling for a word, the correct spelling will be deemed to be the "preferred" (first listed) spelling for the word contained in the Merriam-Webster's 3rd New International Dictionary, Unabridged.
  Each word will be pronounced once. You can begin spelling as soon as you hear a word. If you make a mistake spelling a word, press the "BACK" key to erase a "letter" or the "HEAR" key to repeat a word. Press the "ENTER" key as soon as you have finished spelling each word.
  Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, Entrant may be subject to additional fees when using a mobile device in connection with entering and participating in the Contest or communicating with Sponsor or its representatives. Entrant is solely responsible for all charges, fees and taxes associated with entry and participation in this Contest. Entrant should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
  PRIZES:
 The winner of each Contest, upon completion of all verifications and obligation requirements described in these Official Rules, will receive a cash prize, determined in Sponsor’s sole discretion (the "Prize"). Sponsor will distribute prizes according to the rules for the specific Contest entered. Prizes will be fulfilled through PayPal, a third party service. Prize fulfillment will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. If you do not have a PayPal account, one can be obtained for free by going to https://www.paypal.com. In certain instances involving larger Prizes, at Sponsor's sole discretion, you will be contacted directly to receive it by a mutually agreeable method and payment will be subject to a confirmation of the winner's eligibility to receive a Prize consistent with Sponsor's Official Rules and Terms of Use.
  You must comply with the Rules of Conduct contained in the SPELLIT® Terms of Use. Any entry by any user that does not comply with the Rules of Conduct, the Terms of Use, or these Official Rules will be disqualified.
  Each SPELLIT® player 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 Sponsor determines that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any Prizes.
  Each SPELLIT® account can only be associated with one PayPal account. And a PayPal account cannot be associated with more than one SPELLIT® account. Attempts to associate a SPELLIT® account with additional PayPal accounts may result in the termination of that SPELLIT® account and forfeiture of any Prizes awarded. SPELLIT® will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. SPELLIT® 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 SPELLIT® account and forfeiture of any Prizes awarded.
  Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or that violate any of these Official Rules or the Terms of Use. Entries 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 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, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all local, state, and federal taxes on the value of the Prize. Winners shall provide SPELLIT® with accurate information regarding their identity and country of residence. To receive a complete list of winners or a copy of the Official Rules, visit the SPELLIT® Website at www.spellit.com.
  PRIZE SELECTION:
  The Contest will be conducted under the Sponsor’s supervision. The decisions of the Sponsor are final and binding in all matters relating to the Contest. The winner will be notified in the SPELLIT® App, Website, or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification.
 The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
  SPELLIT® GAME:
  In SPELLIT® Game contests, players must enter the correct spelling for each word provided. Each player will be timed and will receive a time (“Game Time”) for each game they play. Each game contains ten (10) words. The winner of a SPELLIT® Game Contest will be the player with the fastest Game Time. If there are multiple players with the same fastest Game Time, the winner will be the player who first achieved that fastest Game Time. In the event that more than one Entrant is tied for the fastest Game Time, a tie breaker Game (or Games, if necessary) will be played by the Entrants tied for the fastest Game Time. The SPELLIT® Contest game times all begin and end in the United States Central Time Zone (CT).
  Sponsor offers one weekly prize (the “Weekly Prize”) of one hundred dollars ($100.00) to the player with the fastest overall Game Time from among all SPELLIT® Game contests played in a week. “Week” shall mean from the start of a Game on Sunday through the end of the Game on Saturday, unless ended earlier by the Sponsor. If there are multiple players with the same fastest Game Time from among all SPELLIT® Game contests played during the specified Week, the winner will be the player who first achieved that fastest Game Time. Any winner of a Weekly Prize shall be limited to one such prize in any twelve (12) month period. In the event that more than one Entrant is tied for the fastest Game Time, a tie breaker Game (or Games, if necessary) will be played by the Entrants tied for the fastest Game Time.
  Sponsor offers one monthly prize (the “Monthly Prize”) of one thousand dollars ($1000.00) to the player with the fastest overall Game Time from among all SPELLIT® Game contests played in a calendar month. If there are multiple players with the same fastest Game Time from among all SPELLIT® Game contests played in a calendar month, the winner will be the player who first achieved that fastest Game Time. In the event that more than one Entrant is tied for the fastest Game Time, a tie breaker Game (or Games, if necessary) will be played by the Entrants tied for the fastest Game Time. Any winner of a Monthly Prize shall be limited to one such prize in any twelve (12) month period.
  Sponsor offers one weekly prize of one hundred dollars ($100.00) to one player selected in a random drawing from among all eligible players of a SPELLIT® Game contest who, during a specified week, correctly spelled ten (10) words in five (5) minutes or less during one SPELLIT® Game (the “Sweepstakes”). Winners of a Weekly Prize are ineligible. Odds of winning will depend on total number of eligible entries received during the specified Week for which the drawing will be held. Any winner of a Sweepstakes shall be limited to one such Sweepstakes prize in any twelve (12) month period.
  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 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.
  Notice to all Entrants (including international): By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable the potential Winner, or their parent or legal guardian if they are a Minor Entrant, may be required to execute and return an IRS Form W9 and Affidavit of Eligibility/Release of Liability/Publicity form (where legal), as drafted by Sponsor, by the date specified in the notification or if one is not specified then five (5) business days. Noncompliance with this time period, or with these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the App, or the return of any prize/prize notification may result in disqualification and forfeiture of any right to the Prize. The Prize will be fulfilled approximately ten (10) days after Winner validation. Any Winner later determined to be ineligible may be required to return his/her prize and may be prohibited from entering or winning any future Contests or other promotions conducted by Sponsor. 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 audio-visually 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 Contest, (i) sign and return an IRS Form W9 and Affidavit of Eligibility/Release of Liability/Publicity form as drafted by Sponsor, which may impose obligations beyond those stated in these Official Rules; (ii) partake in an interview conducted by Sponsor 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 audio-visually 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 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.
  An Entrant or winner may be disqualified from the Contest if he or she fails to comply or has previously failed to comply with any provision of these Official Rules or the Sponsor’s Terms of Use, as determined in the sole discretion of the Sponsor. Sponsor, in its sole discretion, may disqualify you from a Contest, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct Sponsor deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other users. Improper conduct includes, but is not limited to: Falsifying personal information, including payment information, required to claim a Prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these Official Rules or Terms of Use, using unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Contest or trying to in any way tamper with the computer programs associated with the Contests; obtaining other entrants’ information and spamming other entrants; any other form of abuse; or otherwise violating these Rules. You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent Sponsor from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
  Participation in the Contest is at Entrant’s own risk. Sponsor shall not be liable for: 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 the Contest; (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 this Contest; 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, SPONSOR 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 the Contest, you agree to and hereby do release and hold harmless Sponsor, 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 in its sole discretion, to cancel, suspend or modify any Contest or to disqualify any implicated Entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of this or any Contest operated by Sponsor, as determined by Sponsor in its sole discretion. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with this or any Contest operated by Sponsor, including, without limitation, errors which may occur in the administration of a specific Contest, the processing of entries, the announcement of the prize, or in any Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with any Contest conducted by Sponsor. In the event of cancellation or suspension, SPELLIT® shall promptly post a notice on the SPELLIT® App to such effect.
  GOVERNING LAW:
  The parties agree that this or any Contest operated by Sponsor and these Official Rules, and any additional or supplementary rules, terms, or conditions, shall be governed, construed and interpreted under the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Texas.
  DISPUTE RESOLUTION:
  Entrant, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts for Travis County, Texas and any other court with jurisdiction over the Parties. All disputes will be resolved solely by binding arbitration and Entrant waives the ability to bring claims in a class action format. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to any Contest offered by Sponsor shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Austin, Texas. The federal or state law that applies to these Official Rules, and any additional or supplementary rules, terms, or conditions provided will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Travis County, Texas.
  Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of a Contest, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events related to any aspect of a Contest that occurred prior to the effective date of the Official Rules, and any additional or supplementary rules, terms, or conditions provided, (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Released Parties (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.
 No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
  Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
  LIMITATION OF LIABILITY:
  BY ENTERING ANY CONTEST CONDUCTED BY SPONSOR, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
  MISCELLANEOUS:
  The invalidity or unenforceability of any provision of these Official Rules, any additional or supplementary rules, terms, or conditions, or any Affidavit, will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules, any additional or supplementary rules, terms, or conditions, or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules, any additional or supplementary rules, terms, or conditions, or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision. Entrant agrees to waive any rights to claim ambiguity of these Official Rules and any additional or supplementary rules, terms, or conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social network platform or application and/or the terms and conditions of the Official Rules, which incorporates any additional or supplementary rules, terms, or conditions for the specific promotion in question, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
  PRIVACY STATEMENT:
  Entrant’s personal information will be utilized by the Sponsor for operation and management of the Contest, fulfillment of the Contest prize, and to comply with legal requirements. Sponsor’s Privacy Policy is at www.spellit.com/privacy. By entering any Contest conducted by Sponsor, Entrant accepts and agrees to abide by all Sponsor terms and policies.
  NO WARRANTIES:
 All prizes are provided “as is” and “with all faults.” Neither Sponsor nor the Released Parties make any warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
  WINNER LIST:
  Winner’s name will be posted on the App and Website when such information has been verified and is available.
  NO IMPLIED ENDORSEMENT:
  The names of individuals, groups, companies, products, or services mentioned in any Contest, and any corresponding likenesses, logos, or images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, including, but not limited to, Apple Inc. or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
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