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Mobile End-User License Agreement

See Official Sweepstakes Rules below

BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING A MOBILE APPLICATION (EACH AN “APP”), YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THESE MOBILE APP END USER TERMS, IN ADDITION TO THE YP GENERAL TERMS OF SERVICE, PRIVACY POLICY, AND ANY OTHER TERMS THAT MAY APPLY. CAPITALIZED WORDS OR PHRASES NOT DEFINED IN THIS MOBILE APP END USER TERMS HAVE THE MEANING GIVEN TO THEM IN THE  YP GENERAL TERMS OF SERVICE.

Last updated on 02 / 09 / 2019

You agree to check these Terms as they may change from time to time and you also agree to these Terms and your continued use of the Mobile App and/or Website is in agreement to whatever terms may change herein or within the published terms in the Ever Poll Mobile App (on the App Store and in Google Play). We are currently in the process of perfecting the App so we appreciate your patience. From time to time we may be testing and you may land on the 35M spot on the Prize Wheel. You should monitor the FAQ page within the App to be aware of times when we're testing, which are times the 35M is not permitted to be won.

1. License Grant

1.1 Ever Poll grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the App on a mobile telephone or other device controlled by you (each a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the Ever Poll General Terms of Service for the purposes Ever Poll  makes such Services available.

2. Reservation of Rights

2.1 A license to use an App does not transfer to you any right, title or interest in or to any of Ever Poll  intellectual property rights or those of our suppliers or licensors. Such intellectual property rights include those on our Legal Notices page. The App has been licensed, not sold, to you. Other than the limited license granted, you have no other right, title or interest in the Service, Software or Documentation. Any rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise. Ever Poll  does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by Ever Poll and its licensors. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Ever Poll or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the Services are displayed by means of the App; (v) install, use or permit the App to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the App, each of which is subject to a separate license (this restriction however does not limit your right to reinstall the App on the specific Mobile Device for which it was downloaded); (vi) distribute or link the Services to multiple Mobile Devices or other services; (vii) make the Services available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time.

2.2 Portions of each App may subject to terms, rules, and notices provided on the Legal Notices page, including open source licenses, provided by Ever Poll's licensors. Any licenses granted pursuant to this Mobile App End User Terms do not alter any rights and obligations you may have under such terms, rules, and notices. By using the App, you agree that you have read, understand and agree to be bound by such terms, rules, and notices on the Legal Notices page. The licensors listed in on the Legal Notices page are intended third-party beneficiaries of the applicable terms of this Mobile App End User Terms, and your acceptance of this Mobile App End User Terms means the licensors shall have the right to enforce this Mobile App End User Terms against you as a third-party beneficiary.

2.3 You may not use or otherwise export or re-export the Services or App except as authorized by United States law and the laws of the jurisdiction(s) in which any Service or the App was obtained. You represent and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that you will not use the Services or the App for any purposes prohibited by United States law.

2.4 The App is “commercial computer software” or “commercial computer software documentation” as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to the Software and Documentation are limited by this Agreement pursuant to FAR § 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, App is being licensed to the U.S. Government end users: (i) only as “Commercial Items” as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (ii) with only those limited rights as are granted to the public pursuant to this Agreement. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this Agreement.

3. Using Apps

3.1 Certain Ever Poll Apps and Services possess voice recognition capabilities and, in conjunction with your Mobile Device and other third party applications, enable the creation and utilization of voice commands, content and feedback. Any audible input is User Generated Content and is also subject to the terms of our Privacy Policy and User Generated Content Guidelines. You hereby consent to Ever Poll's right to record any such audible input in connection with your use of the App and Services and to use
3.2 Ever Poll has no obligation to maintain or support any App. Ever Poll may, without further notice to you, periodically access your Mobile Device remotely to update, modify, add to or upgrade the App. In rare instances, such updates, modifications, additions or upgrades may cause data loss or other issues. You are solely responsible for regularly backing your data to prevent this from occurring.

3.3 You acknowledge and understand that certain Services or aspects of the App require and utilize phone service, data access or text messaging capability. Except as otherwise noted as part of the Services, Ever Poll  does not charge for the use of Services, but carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.

3.4 The functional use of the Services and App may be dependent on the data related to your geographic location and geopositional data, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services and the App. Ever Poll makes no warranty with respect to the accuracy of Services provided to you in reliance on location and geopositional data provided by you, the App or via your Mobile Device.

3.5 When using the Services and App, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, and if you feel that any directions or route suggested by the Services or App instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, then you will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the App, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (v) arrange all wireless devices and cables necessary for use of the Services or Mobile Device in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

4. DISCLAIMERS

4.1 Ever Poll makes no representation that any third party mobile device platform or service provider has endorsed the Services, and you should not rely on the availability of the App by means of any App catalog, storefront, or other means of downloading as an endorsement of the App, the Services or Ever Poll generally. In no event shall any third party mobile device platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the App.

4.2 THE LOCATION-BASED SERVICES ARE INTENDED ONLY AS FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE APP OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

4.3 NEITHER EVER POLL, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR MOBILE DEVICE, LOSS OF THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT YP AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THE USER, WHETHER AN INDIVIDUAL OR ADVERTISER, OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APP AND SERVICES GENERALLY.

Official Rules Sweepstakes

- No purchase necessary
- Apple is NOT a sponsor of the Ever Poll Sweepstakes or affiliated in any way.
- Must be 18+ years of age to participate and be eligible.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States, the District of Columbia or in Puerto Rico.

1. DATES OF SWEEPSTAKES

The Sweepstakes begins at 12:00:01 am Central Time (“CT”) on March 1, 2019 and ends at 11:59:59pm CT on December 31, 2019 (the “Sweepstakes Period”).

2. ELIGIBILITY

Sweepstakes is open only to legal residents of the fifty (50) United States, the District of Columbia or Puerto Rico, who are eighteen (18) years of age or older as of the date of entry (the “Entrant”). Void outside of the fifty (50) United States, the District of Columbia or Puerto Rico, and where prohibited, taxed or restricted by law. Officers, directors, managers, and employees of Ever Poll, Inc. (the “Sponsor”), and each of its respective parents, subsidiaries, affiliates and related companies and their respective advertising and promotion agencies, consultants and agents, as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes are not eligible to participate. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law. Sweepstakes may only be entered in or from the fifty (50) United States, the District of Columbia or Puerto Rico, and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.

3. HOW TO ENTER. There are four (3) ways to enter:

Note: The Sweepstakes prizes are essentially spots on the Prize Wheel. So 1 spin earns you 1 chance to win one prize. The prizes vary in amount.

(i) PURCHASE: Entrants can purchase an Analytics Report about their Poll, which is a physical report prepared by the Ever Poll Team and delivered to the Customer via Snail Mail and/or email. The entries are equal to the amount of Voter Analytics that are ordered, with a minimum of 100 entries max being available per day.

(ii) ACTIONS: To enter without making a purchase, Entrant must perform various “actions” on the Ever Poll Mobile App and/or Website, such as voting, r eading, visiting, clicking various respective buttons and content during the Sweepstakes Period and may receive additional entries into the Sweepstakes.

(iii) WRITE-IN: On a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly handwrite your complete name, mailing address, phone number and date of birth and mail with proper postage to our address at the bottom of these official rules. All write-in entries must be postmarked by December 31, 2019 and received no later than February 1, 2020. There is a limit of one (1) write-in entry per envelope/postcard. Each envelope/postcard is considered one (1) entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.

Regardless of the entry method used to enter the Sweepstakes, there is a limit of seventy-seven (77) entries per Entrant for the entire Sweepstakes Period. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes.

Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner.

Neither Sponsor nor any Sweepstakes Entity is responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor or Sweepstakes Entity.

4. DRAWING/ODDS

On or about February 5, 2020, potential prize winners will be selected in a random drawing from all eligible entries received by the Sponsor Representative. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Entities, which will be final and binding in all matters relating to the Sweepstakes.

To be eligible to receive a prize, all Entrants must be a member of Ever Poll (ie. having signed up and created an account on the mobile app or website) or have provided a verifiable mailing address if the entry was a mail-in submitted entry. In the event that an Entrant has an incomplete address, the Entrant will be disqualified and an alternate prize winner will be selected in a random drawing.

5. PRIZES

GRAND PRIZES: 1 (1) grand prize will be awarded during each Sweepstakes period in an amount that will be posted in the Ever Poll App on the FAQs page and on the home page of the Ever Poll website at Ever Pollnow.com

6. PRIZE RESTRICTIONS

Limit of one (1) prize per person/household. All prizes are non-transferable or assigned and no substitutions or cash redemptions; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen prizes. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Each prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. No more than the stated number of prizes set forth in these Official Rules will be awarded. Potential prize winners consent to the use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a Publicity Release as a condition of winning a prize).

7. NOTIFICATIONS/CLAIMS

GRAND PRIZE: Potential Grand Prize winners will be notified by a Ever Poll representative or Independent Administrator by phone, FedEx courier service or the United States Postal Service on or about February 15, 2020 (the “Notification”). Grand Prize winner will be required to sign and return (except where prohibited) a notarized Affidavit of Eligibility and Liability/Publicity Release and a W-9 tax form (the “Paperwork”) within fourteen (14) days of the Notification. If any Grand Prize winner is considered a minor in his/her jurisdiction of residence (but must be over the age of 18), the Paperwork must be completed and signed by his/her parent or legal guardian and such Grand Prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. After verification of the Affidavit, Grand Prize will be mailed using the United States Postal Service Priority Mail. Potential Grand Prize winner must return the Paperwork within the date and time indicated in the Notification. If the potential Grand Prize winner fails to return the Paperwork within the date and time indicated in the Notification, or is found to be ineligible, or if he/she does not comply with the Official Rules, such potential Grand Prize winner and his/her entry will be disqualified and another potential Grand Prize winner will be selected from the remaining eligible entries received. If the Notification is returned as undeliverable, this will result in disqualification and an alternate Grand Prize winner will be selected from all remaining eligible entries.

The value associated with the Grand Prize is taxable as income and the Grand Prize winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize winner and will be reported to the Grand Prize winner and the Internal Revenue Service in the form of a Form 1099. Grand Prize winners will be shipped their Grand Prize within 4 weeks from receipt of the signed Paperwork. FIRST PRIZE: Potential First Prize winners winning a First Prize will be shipped their First Prize within 4 to 6 weeks from the drawing date via the United States Postal Service to the address on file with the Sponsor to the address supplied at the time of entry. In the event the First Prize is returned, the address is insufficient or incomplete for shipping purposes, or undeliverable for any reason, the First Prize winner will be disqualified and an alternate First Prize winner will be selected from the remaining eligible entries received. If the alternate First Prize winner’s First Prize is returned, the address is insufficient or incomplete for shipping purposes, or undeliverable for any reason, the alternate First Prize winner will be disqualified and the First Prize will not be awarded. No compensation will be provided for any prizes that are not able to be awarded to a prize winner.

8. CONDITIONS

This Sweepstakes is conducted in English. In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and the English Abbreviation rules or other statements contained in any Sweepstakes-related materials, including, but not limited to: any entry form, survey, the Spanish version of these Official Rules and the Abbreviated Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Official Rules shall prevail, govern and control. All federal, state and local taxes are the sole responsibility of the prize winners. By participating in this Sweepstakes, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Entities, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants, and prize winners release the Sponsor and each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or this Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Winning a prize constitutes permission for Sponsor and its agencies to use prize winners' names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity, for this Sweepstakes only, without further compensation, unless prohibited by law. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award prizes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.

9. NO LIABILITY

By participating, Entrants and prize winners agree to release, discharge, indemnify and hold harmless the Sponsor, the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion related activity or participation in this Sweepstakes.

10. USE OF DATA

Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://Ever Pollnow.com/privacy. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

11. WINNERS LIST

To obtain a list of Grand Prize Winners visit https://everpolls.com/winners or to obtain a full list of prize winners send a self-addressed, stamped envelope to be received by February 15, 2020, 2019 to the address listed at the bottom of these official rules.

12. SPONSOR

Ever Poll, Inc.

For more info, please feel free to contact us at info@everpolls.com