“Xmas Challenge!” Contest Terms and Conditions

1. Terms y Conditions

These terms and conditions (hereinafter the “Terms”) are intended to regulate and establish the procedures for the contest called "¡Xmas Challenge!" (hereinafter the "Contest").

2. Organizer of the Contest

The Contest is organized by ETERMAX S.A., domiciled at Dr. Luis Bonavita 1294, Of. 1901, Montevideo, Uruguay (hereinafter "Etermax").

3. Acceptance of the Contest

Any individual who participates in the Contest (“Entrant”) expressly agrees with all the provisions described in these Terms.

4. Term of the Contest

The Contest will be live from December 16, 2019 at 12:30 p.m. (UYT) until December 23, 2019 at 12:30 p.m. (UYT).

5. People that can participate

In order to participate in the Contest, every individual may:

- Have at least eighteen years old.

- Have an active user in Etermax´s forum (the “Forum”)

- Have an active user in the online game "Trivia Crack" in its latest updated version.

- Have agreed and be in compliance with these Terms.

You will not be able to participate if:

-You are a company.

-You are an employee of Etermax, or a related company or business partner of Etermax.

- You have been involved in some way in the organization and development of the Contest.

- You are the wife, children, parents, family charges and other people who live at the expense of the people stated above.

-Individuals who do not meet the conditions to be considered an Entrant.

Every Entrant must fully comply with these Terms during all the period in which the Contest is live and until the Prize is delivered. The compliance of these Terms will be verified by Etermax, and so, each Entrant or Winner may be required to provide all the information that Etermax considers necessary for this purpose. Etermax is authorized to, at its sole discretion, exclude at any time from the Contest those Entrants who: i) do not meet all the conditions to be an Entrant, ii) are not in compliance with the Terms, or iii) have acted in bad faith in this Contest.

The fact that Etermax allows the Winner to not fully comply with the requirements to be an Entrant or to win the Prize, comply them imperfectly or in a different manner from what is stated in these Terms, does not mean that those requirements are invalid or that Etermax cannot demand its faithful and specific compliance when it deems necessary.

Entrants agree that Etermax can publish their public data shared in Trivia Crack (eg, username, Photo, etc.) within their official social networks, as well as the position they have in the Contest.

6. Mechanic of the Contest

This mechanic will be enabled from December 16, 2019 at 12:30 p.m. (UYT) until December 23, 2019 at 12:30 p.m. (UYT).

Those who agree to participate and comply with the conditions stated in clause 5 of this Terms, must download or open the app of Trivia Crack downloaded through the Apple Store or Google Play on their mobile device, and click on “TRIVIATHON” single mode.

The aim of the Contest is to correctly answer as many questions as possible, in a specific game mode in the app of Trivia Crack, the TRIVIATHON mode. At the end of the game, the player must take a screenshot of the result obtained and publish it as a comment in the publication made in the Forum of Etermax.

Once the screenshot is uploaded by an individual to the Forum, it will be considered an Entrant.

It should be noted that only the results obtained during the term of the Contest (clause 4) will be considered as to determine the Winner.

Entrants may upload more than one screenshot during the Contest term, but Etermax will take into account only the last screenshot published by the Entrant for the purpose of determining the Winner. Under no circumstance will the results obtained in two different games be added.

Once the mechanic is finished, the Entrant who has published the screenshot with the best result will receive the Prize established in clause 8 (the “Winner”).

Participating in the Contest does not mean that the Entrant has a direct or indirect obligation to purchase or onerous contract any service.

7. Winner

The Winner will be announced on December 23, 2019, in the Forum and in any of the official social networks from Etermax.

The Winner will also be notified privately through any of the options established below, in order to coordinate the delivery of the Prize established in clause 8. The options are:

a) e-mail used by the Entrant to register in Trivia Crack.
b) via Facebook if the Entrant has linked its account with Facebook.

The Winner who does not answer and does not provide the required information within 72 hours since the e-mail or message via Facebook was sent, will lose his right to the Prize, and Etermax will award the Prize to the Entrant who has obtained the second highest result of correct answers in TRIVIATHON and so on until it reaches an Entrant that fully complies eligibility as a Winner, or otherwise, freely dispose of the Prize.

Unless prohibited by an applicable law, accepting the Prize constitutes an authorization to use Winner's name, photo, image, voice, address (country and city) and testimonials in any media, in perpetuity, in any way deemed appropriate by Etermax for commercial or advertising purposes, without any compensation to such Entrant or any right to review or approve such use, and without previous notification. Additionally, it implies an authorization to modify, edit, duplicate and process any of the above. Moreover, it implies the Entrant's consent for release of personal identification information to third parties (including, among other things, adding the name of the Winner to the list of Winners).

If the Winner does not comply with the conditions set forth above, Etermax may freely dispose of the Prize or declare the Contest void.

The Winner will not be able to obtain more than one Prize, regardless of whether it participates with more than one account in Trivia Crack.

8. About the Prize

The Prize for the Winner will be individual, and will consist on a pack of forty-five (45) Right Answers and four thousand (4000) credits. The total Prizes to be awarded by Etermax within this Contest is a pack of forty-five (45) Right Answers and four thousand (4000) credits.

The allocation of the Prize to the potential Winner is subject to the fulfillment of all of the participation requirements stated in these Terms. If the Winner does not comply with all of the requirements set forth herein, the Winner will automatically lose the right to receive the respective Prize, without the possibility of any claim. Likewise, it is a condition of awarding the Prize, to comply with all the conditions provided in clause 5 of this Terms.

The Prize is personal and non-transferable to someone other than the Winner.

The Prize is not redeemable or able to be changed with another prize of any kind.

The Prize cannot be claimed by any person other than the Winner (who must prove his identity).

Etermax or any person / individual associated with Etermax will be exempt from any claim, demand, process, losses, obligations of any nature, or causes of action that may arise from or in connection with the participation in the Contest or the receipt or acceptance of any Prize awarded in the Contest.

Winners and / or Entrants of the Contest, or their heirs, administrators and successors accept and agree to guarantee the exemption of Etermax and disclaim all claims, losses, damages, costs or expenses of any nature, including all expenses or attorneys' fees, incurred as a result of any action taken by the Winners and / or Entrants in connection with their participation in the Contest and / or receipt of the Prizes.

In the event that due to an act of God, the Prize cannot be paid, Etermax reserves the right to replace it with another prize of equal or greater value, or with similar characteristics.

9. Taxes and other expenses:

The Winner shall be responsible for all the applicable federal, national, state, municipal and/or local taxes on the value of the Prize, including any applicable Income Tax for having won the Prize. Should Etermax be obliged by the current regulations in any jurisdiction to act as a tax collection or withholding agent, Etermax shall be able to make all the necessary deductions and/or withholdings from the Winner in order to comply with its tax obligations. For this purpose, upon Etermax's request, the Winners will provide Etermax with accurate information about their identity and place of residence.

Winner shall also bear all expenses and costs incurred or that could incur to participate in this Contest. Etermax will not be responsible for the expenses incurred by the Winner to withdraw the Prize. These expenses will be at the sole expense of the Winner.

10. Other conditions

Etermax reserves the right to modify the Terms and / or dynamics of the Contest, prior publication in the Forum and in its official pages on Facebook (facebook.com/TriviaCrack), Twitter (@TriviaCrack) and Instagram (@triviacrack).

Etermax reserves the right to cancel, postpone or finish the Contest in advance, at its sole discretion and without limitation, informing this decision through the Forum page or through its page on Facebook (facebook.com/TriviaCrack), on Twitter (@TriviaCrack) and Instagram (@triviacrack), which will not generate compensation or a right of any kind in favor of the Entrants or third parties. In particular, Etermax reserves the right, at its sole discretion, to cancel or suspend this Contest if viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest.

Etermax will have the right to define and interpret those situations or circumstances that are not expressly provided for in these Terms.

11. Use of personal data

Personal data provided by Entrants shall be used by Etermax to record Entrants as such in the Contest, for contact purposes, to carry out the necessary actions to determine if they are a Winner of the Contest, to answer any comment or information request and, if the Entrant were the Winner, to award the Prize, as well as to disclose the result to the public through any media Etermax considers appropriate to any purpose, including but not limited to, commercial or advertising purposes. Also, Etermax shall be able to use personal data in accordance with terms set forward in the Trivia Crack's Terms of Service http://www.etermax.com/en/terms/ and Privacy Policy http://www.etermax.com/en/privacy/, including the ability to share such personal information with affiliates or third parties.

12. Miscellaneous

The Contest Terms will be published in the following link https://triviacrack.help.etermax.com/hc/en-us/community/posts/360037959493--Xmas-Challenge-Contest. It will be understood that all Entrants and the Winner have read, understood and fully accepted this Terms, lacking the right to deduct, claim or take any action of any nature against Etermax for them. It is to be noted again that the mere fact of participating in this Contest implies the knowledge and acceptance without any condition or reservation, by all the Entrants and the Winner, of all the clauses of these Terms, without right to claim of any nature. This Contest will be considered issued in accordance with the laws applicable in the territory of Uruguay.

If any provision of these Terms is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable. Any situation not contemplated in these Terms shall be subject to Trivia Crack's Terms of Service and/or Privacy Policy (http://www.etermax.com/en/terms/ ; http://www.etermax.com/en/privacy/) .

For all legal purposes, these Terms will be governed, interpreted and executed according to the laws and courts of Uruguay, specifically those of the city of Montevideo, being said jurisdiction the applicable one for any claim.

ETERMAX S.A. Dr. Luis Bonavita 1294 Of 1901, Montevideo, Uruguay.