3. Service.
(a) Quizzes; Tickets. Members may request and receive daily quizzes (each, a "Quiz") by texting "QUIZ" to 66249 or via the Site. One Quiz per day will be available from 12:01 AM Pacific Time ("PT") to 11:59 PM PT. Each Quiz will consist of five (5) progressively more difficult questions. Members are granted "Tickets" for correct answers to Quiz questions. The minimum number of Tickets awarded for a daily Quiz is five (5); the maximum is one hundred (100). The number of Tickets actually awarded depend on the number of Quiz questions the Member answers correctly, as follows:
| Questions answered correctly |
Tickets Rewarded |
| 0 |
5 |
| 1 |
10 |
| 2 |
25 |
| 3 |
45 |
| 4 |
70 |
| 5 |
100 |
If a Member answers a question incorrectly, the Quiz is finished and the Member is awarded Tickets based on the number of questions answered correctly prior to the incorrect answer (if any). For example, if a Member answers three questions correctly and the fourth question incorrectly, the Member is awarded forty-five (45) Tickets for the applicable daily Quiz. All answers to Quizzes must be submitted by texting the letter corresponding with the selected answer to 66249 (for Quizzes taken via SMS) or by entering the letter corresponding with the selected answer in the Site (for quizzes taken via the Site) before 11:59 PM ET on the day of the applicable Quiz. Submissions after the applicable deadline for any day will be void and no Tickets will be awarded. Members understand and agree that Company assumes no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any Quiz answers provided by Members. All Quizzes on the Service are intended for entertainment purposes only and Company assumes no responsibility for the accuracy of the Quizzes or any answers thereto. Only answers that are in a form and substance recognized by Company as the correct answer will qualify to earn Tickets.
(b) Single Purchase Quizzes. In additional to the daily Quizzes available for the Monthly Fee, Members may purchase an additional Quiz at any time for ninety-nine cents ($0.99) by texting "BONUS" to 66249. Single purchase bonus Quiz fees will appear on your monthly mobile phone bill as "Mobizzo bonus quiz". Members may also purchase a Quiz worth triple points at any time for $1.99 by texting "MEGA" to 66249. Single purchase mega Quiz fees will appear on your monthly mobile phone bill as "Mobizzo mega quiz." Subject to applicable carrier restrictions, there is no limit to the number of BONUS or MEGA Quizzes a Member may purchase. All fees for such Quizzes are in addition to the Monthly Fee and will appear on your mobile phone bill or be deducted from your prepaid account. BONUS or MEGA Quizzes are for Members only and may only be requested and played by text message. If you have questions about MEGA and BONUS Quizzes, text "HELP" to 66249, visit mobizzo.custhelp.com or call 800-218-7629.
(c) Ticket Redemption. Members may redeem Tickets for "Reward(s)" and/or Sweepstakes entry(ies) as further described below ("Ticket Redemption") and as disclosed at the time the Ticket earning opportunity is presented. The Service may award more than one type or "class" of Tickets. Tickets are not redeemable for cash and have no cash value and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any Tickets used or obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Tickets must be redeemed in accordance with these Terms and Conditions. Tickets will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Tickets cannot be used in combination with any other discount, coupon or offer unless specifically permitted by the terms of a specific promotion. Tickets are non-transferable to other Members, other Accounts, or otherwise. Any Tickets awarded to you remain in your Account until (i) you redeem them for a Reward(s) and/or Sweepstakes entry(ies), (ii) your Account is cancelled or terminated, or (iii) we discontinue Ticket Redemption. When a Member redeems Tickets for a Reward or Sweepstakes entry, we will deduct the corresponding number of Tickets from that Member’s Account. We may terminate the Ticket Redemption at any time for any reason for any Member upon thirty (30) days advance notice via text message to the mobile phone number that the Member provided during registration. Members’ Ticket balances will be displayed on their Account pages on the Site. Company's accounting of a Member’s then-current Ticket balance is definitive and final; provided, however, that we may make adjustments if we conclude that there is an error. Any dispute with respect to the number of Tickets earned and/or redeemed by a Member will be resolved by Company in its sole and absolute discretion.
(d) Rewards. Members may redeem Tickets for Rewards selected from a catalog made available at www.mobizzo.com/prizes/overview.page (the "Rewards Catalog"). Rewards featured in the Rewards Catalog, or in any advertisement or marketing material for the Service ("Advertisement"), are subject to availability as determined by Company in its sole discretion. Company may change, modify, amend or remove a Reward or change the number of Tickets required to redeem a Reward at any time, without notice, in its sole and absolute discretion. Members may not rely on continued Reward availability. Any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Company or its designee or the third party business partner supplying the Reward. Rewards will be sent to the redeeming Member within the time specified in the Rewards Catalog, or if no such time is designated, within eight (8) to twelve (12) weeks after redemption. We reserve the right in our sole discretion to substitute out-of-stock, discontinued or otherwise unavailable Rewards with items of comparable or greater value, or to offer a cash equivalent. For additional details about available Rewards, see the Reward Catalog Page at www.mobizzo.com/prizes/overview.page. Rewards pictured in promotional materials, online, television and print advertising, promotional packaging, and other Service materials are for illustrative purposes only. Actual Rewards may vary from those pictured.
(i) Downloadable Rewards. "Downloadable Rewards" may include ringtones, wallpapers, graphics and games. Not all carriers or mobile phone models support Downloadable Rewards. We will use commercially reasonable efforts to let you know whether your mobile phone can receive Downloadable Rewards. If you elect to receive a Downloadable Reward and it does not load on your mobile phone, please contact Customer Service by texting "HELP" to 66249 or by visiting mobizzo.custhelp.com.
(ii) Physical Rewards. "Physical Rewards" may include movie vouchers, gift certificates, and electronics items. We will pay all shipping and handling fees associated with Physical Rewards. However, once a Physical Reward is shipped, we are not responsible for any risk of loss or damage to such Physical Reward. Physical Rewards will only be shipped to addresses within the U.S. You will be asked to provide a shipping address and other contact information when you redeem Tickets for a Physical Reward.
(iii) Rewards Disclaimer. Rewards featured in the Rewards Catalog, in the in any advertising or promotional materials, on the Site and otherwise: (a) are provided by the applicable Reward manufacturer, distributor or retailer ("Reward Manufacturer"); and (b) contain descriptions that are provided directly by such Reward Manufacturer. As a result, we have no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. We do not represent or warrant that the descriptions of the Rewards are accurate or complete. Warranty and/or guarantee claims, requests for technical or customer support, and returns for malfunction or damage to Rewards are not our responsibility and should be communicated to the applicable Reward Manufacturer, not to Company. All details of the Rewards not specified at the time of redemption will be determined by Company in its sole discretion. Members shall be solely responsible for all federal, state local taxes, including without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Company in its sole discretion, Company reserves the right to collect, withhold and remit to the appropriate taxing authorities the amount of any taxes due. Any trademarks associated with the Rewards are the intellectual property of their respective owners, and mention or display of the trademarks does not indicate the Service, the Site or Company is sponsored or endorsed by or otherwise affiliated with such trademark owners.
(e) Sweepstakes. Company may offer "Sweepstakes" from time to time in its sole and absolute discretion. Members may redeem Tickets for Sweepstakes entries from a list of Sweepstakes made available at www.mobizzo.com/prizes/overview.page. All participation in a Sweepstakes is governed by the Mobizzo Sweepstakes Official Rules (the "Sweepstakes Rules") available at http://www.mobizzo.com/sweepstakes-rules.page. Members (and anyone else meeting the eligibility requirements provided in the Sweepstakes Rules) are also eligible to participate in all open Sweepstakes at no cost through the mail-in mechanism described in the Sweepstakes Rules. Please refer to the Sweepstakes Rules and the individual Sweepstakes details for eligibility restrictions, entry instructions, no cost alternative means of entry and other details regarding Sweepstakes. To the extent there is a conflict between these Terms and Conditions and the terms contained in the Sweepstakes Rules, those contained in the Sweepstakes Rules shall govern and control with respect to the Sweepstakes matters, but solely to the extent of such conflict.
(f) Text Alert Factoids. Members may request and receive daily factoids via text alert from the Service (each, a "Text Alert"). To receive Text Alerts, log on to the Site (web or WAP) and click the "Daily Factoids" promotional banner on the Site homepage. You will then be directed to your "Account Info" page. Note you can also click directly on the "Account Info" link on the Site homepage. Once on your Account Info page, you can opt to receive Text Alerts from categories such as entertainment, sports and general knowledge. Select from the available categories and confirm your selections. You will receive one (1) Text Alert per day per category selected. You can manage your Text Alerts (i.e. activate or cancel Text Alerts, select or de-select categories) at any time from your Account Info page. Text Alert service is included in the Monthly Fee, but standard carrier message and data rates apply. All Text Alerts (and the factoids contained therein) are intended for entertainment purposes only, and Company assumes no responsibility or liability for the truth, veracity or accuracy of any text Alert.
(g) License Grant; Acceptable Use. As a visitor to the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, and as a Member, the Service (including Quizzes, Sweepstakes and Text Alerts) in accordance with these Terms and Conditions. We may terminate this license at any time for any reason, whatsoever. You may use the Site, Service, Quizzes, Sweepstakes and/or Text Alerts for your own personal, non-commercial use. No part of the Site, Service, Quizzes, Sweepstakes and/or Text Alerts may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Service, Quizzes or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site, Service, Quizzes except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms and Conditions. The Site, Service and Quizzes and the copyrights, trademarks, service marks, tradenames, patents, and programming codes contained therein (the "Site Content") are owned by Company and/or its licensors and content providers, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Site Content. You agree not to use the Site Content for any unlawful purposes. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, Service, Quizzes, Sweepstakes and/or Text Alerts. Any use of the Site Content other than as permitted by these Terms and Conditions will constitute a violation of these Terms and Conditions and may constitute copyright and/or patent infringement. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Site visitor, your license is provided solely for access to the Site in order to obtain information about the Service and/or Quizzes and to register for a Membership. Site visitors are not authorized to access any content and/or data available to Members. You agree not to interfere (or permit the use of your Membership or Account by a third party to interfere) with the normal processes or use of the Service by other Members, including without limitation by attempting to log in to the Accounts of other Members, attempting to access administrative areas of the Site, attempting to systematically extract Quizzes from the Service beyond patterns consistent with personal use or by submitting text commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Service. You agree to report any violation of these Terms and Conditions by others that you become aware of by calling us at 800-218-7629.
(h) Submissions. Company is pleased to hear from its Users and welcomes your comments regarding Company services and products. Nevertheless, Company’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Company’s or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show concepts/treatments, stories or character ideas, screenplays, or original artwork.
If you send or post certain specific submissions at our request or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Site or Company, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Site and/or Company shall be the sole property of Company and will not be acknowledged or returned. You agree and understand that Company is not obligated to use any Submission you make to the Site or Company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Company’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Company’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Company’s actual or alleged exploitation or use of any material you submit to the Site and/or Company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall Company’s liability exceed $5,000.
If you submit a Submission, you agree not to: (i) submit libelous or defamatory Submissions; (ii) violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, "stalk" or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to the Site or other Members whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of the Site’s functions, the Service and/or the servers or networks connected to the Site; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, content designed to initiate "denial of service" attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site.
(i) Copyright Notice. If you are a copyright owner and believe that any materials appearing on the Site has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The exact URL or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent, Mobizzo c/o Jesta Digital, LLC, 6420 Wilshire Boulevard, Suite 600, Los Angeles, CA 90048.
Upon receipt of the written notification as outlined above, Company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, Company seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.
(j) Content. We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Quizzes, Sweepstakes, Text Alerts or Submissions by other Members, or links to other content or services that may be distributed as Quizzes or otherwise on or through the Site. The Quizzes, Sweepstakes, Text Alerts contain information and material provided by our third party partners and the Submissions contain material provided by other Members. We undertake no responsibility to monitor or otherwise police the Submissions, Quizzes, Sweepstakes, Text Alerts. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Submissions, Quizzes, Rewards, Sweepstakes and/or Text Alerts. We do not represent or warrant that the Quizzes, Sweepstakes Text Alerts and/or Submissions posted on the Site and/or sent to you via text message, as applicable, is/are accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use the Service and/or Quizzes, Rewards, Sweepstakes and/or Text Alerts, or for any dispute between you and other Members or other third parties.
(k) Necessary Equipment. Use of certain aspects of the Service requires a mobile phone capable of sending and receiving text messages, and a mobile phone service plan that permits receiving premium text messages for which a charge appears on your mobile phone bill. The Service is not available on certain mobile phone service provider platforms, and certain areas of the site may not be applicable to all carriers. Use of other aspects of the Service requires access to the Internet and the Site through which your Service is configured, customized and controlled.
