FABFITFUN FACEBOOK LIVE GAMES TERMS OF USE AND RULES

FABFITFUN FACEBOOK LIVE GAMES TERMS OF USE AND RULES Date of last update: September 20, 2019 These Terms of Use and Rules (“Rules”) govern a contestant’s participation in the various games (the “Games” and each a “Game”) that are produced by FabFitFun, Inc. (the “Producer”) and shown on the Producer’s live program (the “Program”) that is available to contestants through the online websites and/or other digital platforms or applications of Facebook, Inc. (“Facebook”). 1.ACKNOWLEDGEMENTS These Rules (together with any documents referred to in them) tell a contestant the terms on which he/she may participate in the Program and play the Games and establish the legal agreement between the parties governing all aspects of participation in the Program. Before participating in the Program or playing a Game, a contestant must read these Rules and agree to comply with and be bound by these Rules, as they may be amended, modified or supplemented from time to time by Producer in its sole discretion and without notice. A contestant can check the date at the top of these Rules to see when they were last updated. If a contestant does not agree to these Rules, he/she must not participate in the Program or play any Game. The Program is produced and the Games are played via the Facebook Live platform on Facebook which is a third party website, not owned, operated or controlled by Producer. Producer accepts no responsibility or liability in relation to loss or damage arising from the content, operation or functioning of companies or websites that it does not own or control, or to the actions of people that it does not employ or manage. A contestant should always check the terms of use posted on third party websites. If you have any questions regarding these Rules, please contact the Producer by direct message on Facebook or by email at ffflive@fabfitfun.comor by mail to 360 N. La Cienega Blvd., Los Angeles, CA 90048. 2.ELIGIBILITY REQUIREMENTS In order to participate in the Program and/or play a Game, a contestant must meet certain eligibility requirements. If a contestant does not meet these eligibility requirements, he/she is not permitted to participate in the Program or play any Game. A contestant must: (a)be eighteen (18) years of age or older; and (b)be a legal U.S., United Kingdom, or Canada resident (Quebec province residents not eligible); and (c)have a valid Facebook account and have agreed to comply with Facebook’s privacy policy, Facebook’s terms of use, and any other rules notified by Facebook to its users from time to time (the “Facebook Policies”); and (d)agree to comply with and be bound by these Rules and any other rules, instructions, directions, and requirements promulgated or otherwise advised or notified by Producer; and (e)agree to comply with Producer’s privacy policy (a copy of which can be accessed here). Employees of Producer, its affiliates, or their respective advertising, public relations, accounting or legal firms, and immediate family members or individuals living in the same household as such persons, are not eligible to participate in the Program, to play any Game, or to win any prize. For the purposes of these eligibility rules, “immediate family members” include spouses, children, parents, parents of spouses, siblings, and spouses’ siblings. By participating in the Program and playing any Game, each contestant confirms that he/she does not know and has not previously known any person or entity who is or who has been connected with the production, administration or judging of the Program including, without limitation, the host or any of the individuals or entities listed above. Producer may at any time to render ineligible or disqualify any person who, in Producer’s sole discretion, is sufficiently acquainted with any person or entity connected with the development, production, administration, judging, exhibition or other exploitation of the Program such that his/her participation in the Program could create or potentially create the appearance of unfairness or impropriety. Producer has the sole discretion to make determinations of contestant eligibility, which are binding and final in all respects. Producer reserves the right to change any of the eligibility requirements at any time. If Producer discovers that a contestant has violated the eligibility requirements, that contestant will not be awarded any prize and may be prohibited from participating in the Program and playing any Games thereafter. 3.TERMS AND CONDITIONS OF GAME PLAY Each contestant acknowledges and agrees as follows: (a)There are specific rules that apply to each Game, as set out in Section 11 below, which form part of these Rules.(b)There may be some questions in a Game that require visual and/or audio identification, at Producer’s sole discretion. (c)It is possible that the host may mispronounce or falter in his/her delivery during the Program and if there is any conflict between what is communicated by the host during the Program and these Rules, the terms of these Rules will take priority. (d)Producer and/or the host may choose to terminate the Program or stop Game play at any time and for any reason. This decision by Producer will be final and binding for all purposes and in all respects and is not subject to challenge or appeal. (e)Producer does not guarantee that the Program or any Game will always be available or uninterrupted. Producer will not be liable to any contestant if for any reason the Program or a Game is unavailable at any time or for any period. If there is a technical issue with the Facebook Live streaming service or Game play is corrupted or interrupted in any way, Producer may elect to resume, replay or abandon any Game or portion thereof in its sole discretion. In all cases, the determination, judgment and decision of Producer will be final and binding for all purposes and in all respects and is not subject to challenge or appeal. (f)A contestant may not participate in a Game if anyone has provided him/her with advance knowledge of any of the questions or answers or other content that will be used in the Game. Each contestant confirms that he/she has no confidential knowledge of or access to, and does not know anyone with confidential knowledge of or access to, any content, materials (including the questions or answers to trivia questions used in a Game) which are or may be selected for possible use in a Game. By accepting or agreeing to accept any special or secret assistance to improperly or unfairly influence the outcome of a Game, a contestant is committing an express violation of these Rules and may be subject to additional criminal or civil penalties. (g)Unless specifically and expressly permitted by Producer, a contestant may not seek or accept help of any kind in connection with any Game from any third parties affiliated with the Producer and all other persons and entities connected to or involved in the production of the Program (including, but not limited to, the host or any other talent in the Program), and each of their respective parent, subsidiary and affiliated companies, heirs, executors and administrators of each of the foregoing entities and persons, all other persons and entities connected with the Program, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees, heirs, executors and administrators (herein, collectively, the “Released Parties”) and acknowledges that doing do so may result in immediate elimination of that contestant (provided, however, that a contestant may 1
confer with a representative of Producer with respect to Game play/Game content). In the event that Producer, in its sole discretion, determines that during the competition of any Game, a contestant has received assistance from, or had improper contact with, Producer or any of the Released Parties, then Producer may take such steps as it determines in its sole discretion (up to and including immediate disqualification). (h)Contestants are prohibited from making agreements to financially benefit or receive other similar consideration from any other contestant, Producer, the Released Parties, or any Program sponsor in exchange for deliberate premeditated actions that would affect the outcome of the competition of any Game. Evidence of any such collusion, breach of any other rule, and/or breach of these Rules may result in disqualification from a Game and/or the Program and/or the forfeiture of any prize(s). Any contestant that accepts or agrees to accept any special or secret assistance to improperly or unfairly influence the outcome of any Game, or agrees with any other party to improperly or unfairly conspire or combine to subvert the fairness or honesty of a Game, is committing an express violation of these Rules and may be subject to additional criminal or civil penalties. (i)Producer has not made nor will make any representations or warranties regarding the selection of clues and/or answers used in the Program or the veracity or accuracy of their sourcing, including, but not limited to, the possibility of alternate answers to such questions (which alternate answers, including but not limited to the correctness, completeness, accuracy or incorrectness of an answer, Producer may or may not accept in its sole judgment and discretion which may be subjective in nature) and any waivers, releases and indemnities in these Rules expressly apply to such sourcing inaccuracies, alternate answers, decisions of Producer or other matters relating to the questions used and/or answers supplied as part of the playing of a Game. (j)Hints provided in an official capacity by the host or Producer and which are available to all contestants are not considered secret assistance. Hints may be revealed in a variety of different ways including, but not limited to, the preshow of any Game, within the Program itself, through push notifications, on official Facebook pages, and in any other manner determined by Producer. (k)A contestant must play fairly throughout any Game he/she participates in. The host or Producer may choose to disqualify any contestant that they believe to be playing in an unfair or fraudulent manner (including but not limited to by using automated scripts or similar means) or they believe is otherwise in breach of these Rules. (l)A contestant may not participate in the Program in any way that (i) breaches any applicable local, national or international law or regulation; (ii) is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (iii) to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (‘spam’); or (iv) to knowingly transmit any data, or to send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. A contestant agrees to be responsible for and to indemnify Producer for any loss, damages or costs, including reasonable legal fees, incurred by Producer resulting from any third-party claim, action, or demand resulting from that contestant’s unlawful participation in the Program or any Game. A contestant also agrees to be responsible for and to indemnify Producer for any loss, damages, or costs, including reasonable legal fees, incurred by Producer resulting from that contestant’s use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action that the contestant takes that imposes an unreasonable burden or load on Producer’s infrastructure. 4.PRIZES AND AWARD OF PRIZES The Program creates the potential but not the guarantee for a winning contestant to win a prize by playing a Game, subject to these Rules. WINNING CONESTANTS MAY BE SUBJECT TO VERIFICATION BY PRODUCER. AT PRODUCER’S SOLE DISCRETION, A CONTESTANT MAY NOT BE DEEMED A WINNER OF ANY PRIZE, EVEN IF A GAME SHOULD SO INDICATE, UNLESS AND UNTIL THE CONTESTANT’S ELIGIBILITY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED BY PRODUCER OR COMPANY THAT VERIFICATION IS COMPLETE. The losing contestants in any Game are not entitled to any prize or other award or consideration. By participating in the Program or playing any Game, a contestant acknowledges and agrees that all decisions regarding the Program and the Games (including but not limited to the sources and research of questions and answers, correctness of questions and answers, eliminations, rules, Game play, penalties and disqualification determinations) and the determining and awarding of prizes are at the sole and exclusive discretion of Producer and are final, binding and not subject to challenge or appeal. The following provisions will apply to the award of a prize: (a)Any prize won by a contestant in connection with a Game will only be awarded to that contestant if Producer determines in its sole discretion that the contestant has participated in the Game wholly in compliance with these Rules. (b)If a winning contestant refuses any prize under its offered conditions, such refusal shall constitute forfeiture of such prize and, by doing so, that contestant automatically releases Producer and all Released Parties from any and all obligations with respect to the award of any prize whatsoever. (c)A winning contestant is responsible for and must pay all state, federal, national or other taxes on any prize or consideration awarded to that contestant as the result of playing a Game. By participating in the Program and playing a Game, a contestant agrees to reimburse Producer for such taxes that Producer incurs. (d)A winning contestant agrees to execute and deliver to Producer any documents that Producer deems necessary, including, without limitation, pursuant to local, state, federal or national laws or requirements (including tax reporting). (e)A winning contestant agrees to be responsible for and to indemnify Producer and the Released Parties for any and all liability, claims, actions, damages, expenses, penalties, and losses of any kind caused by or arising out of the receipt, possession or use of any prize, award, cash, including the failure to pay any taxes that may be due with respect to the prize, or otherwise, if any. (f)A winning contestant may not (and may not make any agreement to) share, assign, transfer, or exchange any prize or any portion of any prize with any other contestant in the Program (including, without limitation, any Facebook friends or connections) except as authorized by Producer or otherwise permitted under these Rules. Contestants acknowledge and understand that any such purported agreement or promise shall be unenforceable. (g)Contestants understand that any failure to comply with any of these Rules or any other rules, guidelines, or codes of conduct set forth by Producer may result in disqualification from the Program and the Games, and/or forfeiture of prizes, at Producer’s sole discretion. (h)Contestants understand and agree that success or failure in a Game and/or the Program, and the amount of any winnings or prizes that a contestant may receive, may be affected by the actions, either known or unknown, of other contestants and participants. Producer accepts no liability in connection with any such success or failure. For contestants resident in Canada only: Before being declared a winner, a contestant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered by telephone at a time mutually convenient for the entrant and Producer or promotional agent of Producer. 2
5.GRANT OF RIGHTS In consideration for participating in the Program and/or playing a Game, each contestant grants to Producer a perpetual, worldwide, royalty-free license to use the images, content, comments, results and other proceeds of his/her participation in the Program and/or a Game disclosed to Producer or made available via that contestant’s Facebook profile or posts and including any reference to the contestant’s name in connection with such material (together being the contestant’s “Facebook Content”), in whole or in part, in connection with the promotion, marketing or advertising of Producer or its products or services or in connection with any legal or regulatory purpose throughout the world in any and all media (both online and offline) now known or hereafter devised (the “Permitted Purpose”). Producer’s right to use a contestant’s Facebook Content includes, but is not limited to, the right to copy, modify, publicly display, distribute, sublicense, edit, cut, rearrange, adapt, dub, revise, fictionalize, or otherwise alter such material. Each contestant hereby waives all “moral rights”, “droit moral”, and any analogous rights in or to any of his/her Facebook Content, in any jurisdiction of the world. All Facebook Content shall be deemed to be non-confidential. Producer shall be entitled to use or disclose Facebook Content in any manner whatsoever connected with the Permitted Purpose and in accordance with the grant of rights set out above, without liability or notice to contestants. Each contestant acknowledges and agrees that he/she shall have no claim against Producer or any other party should any of his/her Facebook Content made available, created, posted or sent by him/her be used in the above sense by Producer or any part of its group. Each contestant will be liable to Producer for any losses, damages, liability, expenses and legal fees incurred by it arising from any third party claims to any rights in his/her Facebook Content. Each contestant confirms that: (a)he/she owns or is otherwise entitled to any and all rights in his/her Facebook Content; and (b)his/her Facebook Content is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights; and (c)his/her Facebook Content is original and is not copied in whole or in part from any third party; and (d)his/her Facebook Content does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or ‘spam’ in any form; and (e)he/she will not impersonate any person or entity or use any false email address or profile or otherwise mislead Producer as to the origin of his/her Facebook Content; and (f)he/she agrees to be responsible for and to indemnify Producer for any claims arising from his/her claims and/or any third party claims to any rights in his/her Facebook Content. Each contestant agrees that Producer: (g)does not, and has no obligation to, review Facebook Content; and (h)is not in any manner responsible for Facebook Content; and (i)does not guarantee the accuracy, integrity or quality of Facebook Content; and (j)cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Facebook Content will not appear on Facebook. Notwithstanding the foregoing, Producer reserves the right to moderate or remove all Facebook Content used in the Program or any Game or used otherwise by the Producer in accordance with the licence granted hereunder, including removal of any such Facebook Content posted onto or in connection with the Program or any Game in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Producer is under no obligation to inform contestants of the reasons for such intervention. 7.PRODUCER INTELLECTUAL PROPERTY The Producer’s trademarks, logos and service marks (“ProducerIP”) used by Producer and/or the host of a Game in connection with the Program and/or any Game are the registered and unregistered marks or designs of Producer, its affiliates, its licensors and/or its suppliers and are protected by trade mark laws. Unless required by applicable law, a contestant may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit Producer IP or that of its suppliers without its or their prior written consent. 8.REPRESENTATIONS/WARRANTIES/RELEASES/INDEMNITIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BY PARTICIPATING IN THE PROGRAM AND/OR PLAYING A GAME, EACH CONTESTANT HEREBY RELEASES AND DISCHARGES THE PRODUCER AND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, PENALTIES, LIABILITIES, INJURIES, DAMAGES, AND/OR LOSSES ARISING OUT OF THAT CONTESTANT’S PARTICIPATION IN THE PROGRAM AND/OR GAME PLAY, INCLUDING BUT NOT LIMITED TO ELIGIBILITY DETERMINATIONS, THE CONTESTANT’S RELIANCE ON THE ANSWERS OR DECISIONS OF OTHER GAME PARTICIPANTS, THE STATEMENTS OR ACTIONS OF ANY HOST OR TALENT IN THE PROGRAM, ANY AND ALL DETERMINATIONS AND DECISIONS REGARDING THE CORRECTNESS, COMPLETENESS, ACCURACY OR INCORRECTNESS OF ANY ANSWER IN A GAME, HUMAN ERROR, CANCELLATION OF THE PROGRAM OR ANY GAME, TECHNICAL DIFFICULTIES OR MALFUNCTIONS, MECHANICAL FAILURES, TRANSMISSION DISRUPTIONS OR DELAYS OR OTHER IRREGULARITIES OF ANY KIND, OR FROM THE ACCEPTANCE AND/OR USE OF ANY PRIZE OR GIFT AWARDED TO A CONTESTANT IN CONNECTION WITH A GAME AND/OR THE PROGRAM, IF ANY (“RELEASED CLAIMS”). AS LAWFUL CONSIDERATION FOR PERMITTING A CONTESTANT TO PARTICIPATE IN THE PROGRAM AND/OR PLAY A GAME, EACH CONTESTANT AGREE THAT NEITHER HE/SHE NOR HIS/HER ASSIGNEES, HEIRS, DISTRIBUTEES, GUARDIANS, SUCCESSORS, EXECUTORS AND/OR LEGAL REPRESENTATIVES WILL BRING, ASSIST WITH OR BE A PARTY TO ANY LEGAL ACTION OR CLAIM AGAINST THE PRODUCER OR ANY OF THE RELEASED PARTIES BASED UPON OR ARISING OUT OF ANY OF THE RELEASED CLAIMS, THAT CONTESTANT’S PARTICIPATION IN THE PROGRAM OR GAME PLAY, THE STATEMENTS OR ACTIONS OF ANY HOST OR TALENT IN THE PROGRAM, OR ANY EXPLOITATION OF THE PROGRAM AND/OR A GAME, ON ANY LEGAL THEORY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, VIOLATION OF RIGHTS OF PRIVACY AND PUBLICITY, PORTRAYAL IN A FALSE LIGHT, PUBLIC EMBARRASSMENT, INTRUSION, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, OR DEFAMATION). IN THE EVENT THAT A CLAIM IS BROUGHT TO ENFORCE THE TERMS AND CONDITIONS OF THESE RULES, THE PREVAILING PARTY SHALL BE AWARDED ITS REASONABLE ATTORNEY’S FEES AND COSTS INCURRED. BY PARTICIPATING IN THE PROGRAM AND/OR PLAYING A GAME, EACH CONTESTANT EXPRESSLY RELEASES THE PRODUCER AND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL OF THE RELEASED CLAIMS OR ANY CLAIMS WHICH THAT CONTESTANT HAS OR MAY HAVE FOR 3
INVASION OF PRIVACY, PORTRAYAL IN A FALSE LIGHT, DEFAMATION, INTRUSION, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, DISTRIBUTION, BROADCAST, WEBCAST, STREAMING, PROMOTION OR EXHIBITION OF THE PROGRAM OR DEPICTION IN THE PROGRAM. By participating in the Program and/or playing a Game, each contestant agrees, to the maximum extent permitted by law, to be responsible for and to indemnify Producer and the Released Parties for any and all Released Claims (including, without limitation, legal fees and costs and expert witness fees) or any other claims actions, damages, liabilities, losses, costs and/or expenses of any kind caused by, arising out of, resulting from, or relating to, that contestant’s participation in or in connection with the Program including, without limitation: (a) any statements, actions and omissions made by that contestant during or in connection with his/her participation in the Program and/or playing of a Game; (b) that contestant’s breach or alleged breach of these Rules, Facebook Policies or any other agreements related to the Program; and (c) any materials supplied or licensed by the contestant to Producer. For contestants resident in the United Kingdom only: Under local laws applicable in the United Kingdom, different limitations and exclusions of liability may apply. To the extent permitted by law, Producer excludes all conditions, warranties, representations or other terms which may arise in connection with a contestant’s participation in the Program or a Game, whether express or implied. Producer will not be liable to any contestant for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use Facebook, participate in the Program, or play any Game. Nothing in these Rules excludes or limits Producer’s liability for death or personal injury arising from Producer’s negligence or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by local laws applicable in the United Kingdom. 9.GOVERNING LAW AND JURISDICTION These Rules are controlled by the laws of the State of California, exclusive of the provisions thereof relating to conflicts of laws, and each contestant (regardless of his/her place of residence) agrees to submit to the jurisdiction of the Superior Court of California located in the County of Los Angeles and the United States District Court for the Central District of California. Any action, proceeding, controversy, dispute or claim arising out of or relating to these Rules, the breach thereof, their enforcement, arbitrability or interpretation shall be submitted to JAMS for final and binding arbitration, to be held in the County of Los Angeles, California before a single arbitrator under its streamlined arbitration rules and procedures or subsequent versions thereof, including the optional appeal procedure. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS, provided that the arbitrator shall be experienced in the entertainment industry and licensed to practice law in California or a retired judge. Any appellate panel shall consist of three (3) neutral members, subject to the foregoing requirements. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). 10.MISCELLANEOUS Personal information provided by contestants to Producer in connection with their participation in a Game is processed in order to perform this agreement and in accordance with Producer’s Privacy Policy. Any waiver of any term of these Rules in a particular instance shall not be a waiver of such term for the future. All remedies, rights, undertakings, obligations and/or agreements contained in these Rules shall be in addition to and shall not limit any other remedy, right, undertaking, obligation and/or agreement of either party. Producer may assign, license or otherwise transfer some or all of its rights and obligations under these Rules to another person or organisation. A contestant may not assign, license or otherwise transfer his/her rights or obligations under these Rules to any other person unless Producer agrees in writing. If any provision of these Rules is invalid, illegal or unenforceable in any jurisdiction, such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of these Rules is invalid, illegal or unenforceable in any other jurisdiction. A contestant’s remedies for any breach of these Rules by Producer or others will be limited to an action for damages. In no event shall a contestant be entitled to enjoin or restrain the production, distribution, exhibition or other exploitation of the Program. 11.GAME SPECIFIC RULES As part of the Program, Producer currently produces the following Games which may be changed, ceased, or added to at any time in Producer’s sole discretion. Producer is not under any obligation to produce the Program or any Games whatsoever. (a)Trivia “Trivia” is a Game available to be played by Facebook users who are resident in the United States of America, the District of Columbia, Canada (Quebec province residents not eligible), and the United Kingdom. In order to participate in this Game, contestants must watch the Program via Facebook Live. The Game is initiated by the host of the Program asking a trivia question to the contestants watching via Facebook Live. In order to be eligible to win a prize, contestants must publish the correct answer in the comments section of the Facebook Live post. Before the end of the Program, a representative from Producer will enter the names of all contestants who have submitted the correct response into a drawing and select three (3) winning contestants by a random selection process to each win a prize. The prizes are curated by Producer and range in value from $0 to $299. If none of the contestants in a given Game have provided a correct answer to the trivia question posed by the host, no prize will be awarded for that Game. The names of the winning contestants will be announced on the Program and Producer will reach out to each winning contestant via direct message to confirm that they have won the prize. If a winning contestant does not respond to Producer’s direct message within seventy two (72) hours, then the prize will be forfeited and no alternative prize will be substituted. (b)Get a Clue “Get a Clue” is a Game available to be played by Facebook users who are resident in the United States of America, the District of Columbia, Canada (Quebec province residents not eligible), and the United Kingdom. In order to participate in this Game, contestants must watch the Program via Facebook Live. The Game is initiated by the host of the Program giving a series of clues regarding a person, place or thing to the contestants watching via Facebook Live. In order to be eligible to win a prize, contestants must listen to the clues and publish the correct answer in the comments section of the Facebook Live post. Before the end of the Program, a representative from Producer will confirm the first three (3) contestants who submitted the correct response, as showing on Producer’s Facebook feed (which may differ from what is showing on a contestant’s 4
feed), and those contestants will each win a prize. The prizes are curated by Producer and range in value from $0 to $299. If none of the contestants in a given Game have provided a correct answer to the question posed by the host, no prize will be awarded for that Game. The names of the winning contestants will be announced on the Program and Producer will reach out to each winning contestant via direct message to confirm that they have won the prize. If a winning contestant does not respond to Producer’s direct message within seventy two (72) hours, then the prize will be forfeited and no alternative prize will be substituted. (c)Beauty and the Box “Beauty and the Box” is a Game available to be played only by the current FabFitFun members at the time of the Game who are resident in the United States of America, the District of Columbia, Canada (Quebec province residents not eligible), and the United Kingdom. In order to participate in this Game, contestants must apply by completing and submitting the application form here. A contestant will be chosen from the eligible applicants at the discretion of Producer. The chosen contestant must agree to appear and play via Skype (or other video connection) in a Game that will be streamed live on the Program. The Game is composed of a series of questions posed to the contestant by the host. The contestant will have two (2) minutes to answer as many questions as they are able to. At the end of the Game, the contestant will be able to direct the host to open a number of prize boxes equal to the number of questions they have answered correctly. For example, if the contestant answered five (5) questions correctly, he/she will direct the host to open five (5) prize boxes. The contestant will then have the option to choose to keep either those prizes or to swap them for one (1) mystery box, and that decision is final and cannot be reversed. The prize boxes and the mystery box are curated by Producer and range in value from $0 to $299. If the contestant has answered zero (0) questions correctly then the host will not open any prize boxes and no prizes will be won by the contestant in that Game. If a contestant has won any prize(s), the Producer will contact the contestant via direct message or email to confirm the prize(s). If a winningcontestant does not respond to Producer’s email or direct message within seventy two (72) hours, then the prize will be forfeited and no alternative prize will be substituted.