{"id":147106,"date":"2000-11-01T12:52:30","date_gmt":"2000-11-01T20:52:30","guid":{"rendered":"https:\/\/fabfitfun.com\/magazine\/?p=147106"},"modified":"2019-11-01T12:53:43","modified_gmt":"2019-11-01T19:53:43","slug":"facebook-live-games-terms-use-rules","status":"publish","type":"post","link":"https:\/\/fabfitfun.com\/magazine\/facebook-live-games-terms-use-rules\/","title":{"rendered":"FABFITFUN FACEBOOK LIVE GAMES TERMS OF USE AND RULES"},"content":{"rendered":"<p>FABFITFUN FACEBOOK LIVE GAMES TERMS OF USE AND RULES Date of last update: September 20, 2019 These  Terms  of  Use  and  Rules  (\u201cRules\u201d)  govern  a  contestant\u2019s  participation  in  the  various  games  (the  \u201cGames\u201d  and  each  a  \u201cGame\u201d)  that  are produced by FabFitFun, Inc. (the \u201cProducer\u201d) and shown on the Producer\u2019s live program (the \u201cProgram\u201d) that is available to contestants through the online websites and\/or other digital platforms or applications of Facebook, Inc. (\u201cFacebook\u201d).  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\u2019s privacy policy, Facebook\u2019s terms of use, and any other rules notified by Facebook to its users from time to time (the \u201cFacebook Policies\u201d); 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\u2019s 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, \u201cimmediate family members\u201d include spouses, children, parents, parents of spouses, siblings, and spouses\u2019 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\u2019s 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\u2019s 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  \u201cReleased  Parties\u201d)  and acknowledges  that  doing  do  so  may  result  in  immediate  elimination  of  that  contestant  (provided,  however,  that  a  contestant  may 1<br \/>\nconfer 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  (\u2018spam\u2019);  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\u2019s  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\u2019s 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\u2019s 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\u2019S 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\u2019S  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\u2019s 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<br \/>\n5.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\u2019s Facebook profile or posts and including any reference to the contestant\u2019s name in connection with such  material  (together  being  the  contestant\u2019s  \u201cFacebook  Content\u201d),  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  \u201cPermitted  Purpose\u201d).  Producer\u2019s  right  to  use  a  contestant\u2019s  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 \u201cmoral rights\u201d, \u201cdroit moral\u201d, 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 \u2018spam\u2019 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\u2019s trademarks, logos and service marks (\u201cProducerIP\u201d) 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\u2019S  PARTICIPATION  IN  THE  PROGRAM  AND\/OR  GAME  PLAY, INCLUDING BUT NOT LIMITED TO ELIGIBILITY DETERMINATIONS, THE CONTESTANT\u2019S 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 (\u201cRELEASED CLAIMS\u201d). 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\u2019S 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\u2019S 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<br \/>\nINVASION 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\u2019s  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\u2019s 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\u2019s 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\u2019s liability for death or personal injury arising from Producer\u2019s 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\u2019s award is based. The parties will share equally in payment of the arbitrator\u2019s 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\u2019 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\u2019s 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\u2019s 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\u2019s sole discretion. Producer is not under any obligation to produce the Program or any Games whatsoever.  (a)Trivia \u201cTrivia\u201d  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\u2019s direct message within seventy two (72) hours, then the prize will be forfeited and no alternative prize will be substituted. (b)Get a Clue \u201cGet a Clue\u201d 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\u2019s Facebook feed (which may differ from what is showing on a contestant\u2019s 4<br \/>\nfeed),  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\u2019s 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 \u201cBeauty and the Box\u201d 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\u2019s email or direct message within seventy two (72) hours, then the prize will be forfeited and no alternative prize will be substituted. <\/p>\n","protected":false},"excerpt":"FABFITFUN FACEBOOK LIVE GAMES TERMS OF USE AND RULES Date of last update: September 20, ...","author":4374586,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"thumbnail_url":false,"thumbnail_url_middle_card":false,"formated_date":"November 1, 2000","category_name":null,"category_icon":"","author_name":"","trending":false,"sponsored":false,"random_color":"#f4a8d5","_links":{"self":[{"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/posts\/147106"}],"collection":[{"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/users\/4374586"}],"replies":[{"embeddable":true,"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/comments?post=147106"}],"version-history":[{"count":0,"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/posts\/147106\/revisions"}],"wp:attachment":[{"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/media?parent=147106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/categories?post=147106"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fabfitfun.com\/magazine\/wp-json\/wp\/v2\/tags?post=147106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}