PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING THE APPS OR ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HERE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION OR USE THE SERVICES.
Welcome! These Terms of Service ("Terms") apply to your access to and use of the websites, mobile applications (the "Apps"), software development kits ("SDK"), and other products and services (collectively, the "Services") provided by Hot Summer Apps Inc. (“HSA” or "we" or “Pic Quick”). By accessing our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, do not access or use our Services.
ARBITRATION NOTICE: THESE TERMS CONTAINS AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND HSA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND HSA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ELIGIBILITY
You must be at least 18 years of age to access or use the Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with the Services. If you are accessing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. The Services are intended for use solely in the United States, Canada (excluding by residents of Quebec), the European Union, and Australia by legal residents of each market, and HSA makes no claims that the Services are appropriate for use outside of the United States, Canada (excluding by residents of Quebec), Europe and Australia. By using the Services, you represent to HSA that you are a resident of the United States, Canada (excluding Quebec), the European Union or Australia.
USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an account with HSA to access some or all of our Services. You may, optionally, link your credentials (e.g., username and password) from a third-party social media platform to your account with HSA. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
PRIVACY
By using the Services, you consent to HSA’s collection, use, and disclosure of information about you and your device (“Personal Information”). Your personal information will be stored on servers located in Canada or the United States, and may be subject to foreign laws which may differ from the laws applicable in your home jurisdiction with respect to disclosure of personal information to governmental authorities. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you and your mobile device.
YOU CONSENT TO AND UNDERSTAND THAT THE APPS ARE DESIGNED TO AUTOMATICALLY COLLECT LOCATION BASED DATA ON YOU VIA YOUR MOBILE PHONE WHENEVER YOUR PHONE IS TURNED ON UNLESS YOU UNINSTALL THE APP AND THAT THIS DATA, WHICH MAY INCLUDE PERSONAL INFORMATION, MAY BE SHARED WITH THIRD PARTIES. IF YOU DO NOT WANT YOUR LOCATION INFORMATION COLLECTED, YOU MUST TURN OFF YOUR PHONE OR UNINSTALL THE APP.
COMMUNICATIONS FROM PIC QUICK
By using the Services, you consent to PIC QUICK communicating with you about the Services or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
INTELLECTUAL PROPERTY
The Services, and all underlying software, technology, or other underlying information, and all content made available through the Services, are the property of, or are licensed for use by PIC QUICK or other third parties and is protected by applicable legislation regarding intellectual property rights, including copyright laws and trademark laws. All intellectual property rights in or of the Services (other than in respect of content uploaded by users) belong to PIC QUICK or one of our business partners. The Services may not be used other than for your personal and non-commercial use with all copyright or other proprietary notices retained. no un-authorised use, modification, copy or reproduction or retransmission of any part of the Services, and all underlying software, technology, and other underlying information, or any content provided through the Services, is permitted without the express prior written approval of PIC QUICK.
RIGHTS WE GRANT TO YOU
Subject to your compliance with these Terms, PIC QUICK grants you a limited, personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services on any device that you own or control, solely for your personal and non-commercial purposes. This license is for the sole purpose of letting you use and enjoy the Services' benefits in a way that these Terms and our usage policies allow. We may at any time revoke your license to use the Services.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You understand and acknowledge that the Services and any underlying software, technology, or other information are the property of PIC QUICK, and you may not prepare or create derivative works of, copy, modify, distribute, sell, or lease any part of our Services or any underlying software, technology, or other information, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the App available over a network where it could be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services or any underlying software, technology, or other information.
RIGHTS YOU GRANT US
The Services may provide the opportunity for you to upload content to PIC QUICK. By uploading any content to PIC QUICK, you hereby grant (or warrant that the owner of such content expressly grants) to PIC QUICK and its affiliates a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, publicly display, reproduce, modify, adapt, publish, distribute, transmit, communicate, publicly display, perform, and create compilations and/or derivative works from any content that you upload to PICQUICK, and hereby irrevocably waive all moral rights in such content.
You are solely responsible for all content you upload to PIC QUICK, including itsreliability, accuracy and truthfulness, and PIC QUICK has no control over the same.You confirm that you own all your uploaded content or you have all rights that arenecessary to grant us the license rights in your uploaded content as describedabove. You also confirm that neither your uploaded content, nor your use andprovision of your uploaded content, will fringe, misappropriate, or violate a thirdparty’s intellectual property rights, or rights of publicity or privacy, or result in theviolation of any applicable law or regulation. Subject to the section below titled“Limitation of Liability”, we will have no liability in this respect and we have theright to disclose your identity to any third party claiming that any contentuploaded by you constitutes a violation of their intellectual property rights or oftheir right to privacy.
PIC QUICK has the right to refuse to post, move, remove, or edit any content youupload to PIC QUICK at our own discretion but we do not assume any obligation toany users to monitor any uploaded content or remove any specific material.
ADVERTISEMENTS, PROMOTIONS, AND THIRD PARTY SERVICES
PIC QUICK may run advertisements and promotions from third parties on or inconnection with the Services or may otherwise provide information about or linksto third-party products or services on or in connection with the Services. Yourbusiness dealings or correspondence with, or participation in promotions of, suchthird parties, and any terms, conditions, warranties or representations associatedwith such dealings or promotions are solely between you and such third party. PICQUICK is not responsible or liable for any loss or damage of any sort incurred asthe result of any such dealings or promotions or as the result of the presence ofsuch non-PIC QUICK advertisers or third party information on the Services.
If you use a website, service, feature, or functionality that is operated by a thirdparty and made available through our Services (including services advertised orpromoted by PIC QUICK, or Services we jointly offer with the third party), eachparty's terms will govern the respective party's relationship with you. PIC QUICK isnot responsible or liable for a third party's terms or actions taken under the thirdparty's terms, including any third party terms of use and privacy policies. PICQUICK is not responsible for the content, products or services available from thirdparty websites or content or links displayed on such websites. You acknowledgesole responsibility for, and assume all risk arising from, your use of any third-partywebsite, service, feature, or functionality.
HOW TO ENTER AND WIN CONTESTS
NO PURCHASE NECESSARY. Internet access and a valid user account with PICQUICK are required in order to use the Services, including entering contests andmaking purchases through the Services.
As part of the Services, you may participate in contests for daily giveaways, suchas for products and coupons, the details of which will be provided to you throughthe Services.As part of the Services, you may purchase “products and services” with Pic Quickfrom our marketing partners and onsite partners (ie. amusement parks, zoos,aquariums etc.)
As part of the Services, you may participate in contests to win in-app tokens aswell as prizes with our partners or locations wwe have partnered with, which maybe applied to contests for premium giveaways or potential prizing, and may alsobe applied to purchases made through the Services. These in-app tokens have nomonetary value, and applying in-app tokens to contests does not guarantee anycontest result.
USER CONDUCT
You agree that you will not violate any applicable law, contract, intellectualproperty or other third-party right or commit a tort, and that you are solelyresponsible for your conduct while accessing or using our Services. You also agreethat you will not:
Submit any content that is (a) unlawful, libelous, defamatory, obscene,pornographic, indecent, lewd, suggestive, harassing, threatening, invasive ofprivacy or publicity rights, abusive, inflammatory, fraudulent or otherwiseobjectionable, (b) that contains any viruses, corrupted data or other harmful,disruptive or destructive files or content, or (c) that may infringe any patent,trademark, trade secret, copyright or other intellectual or proprietary right of anyparty;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Attempt to misdirect, mislead, or generate fake location based data as part of thedata collection process for the Apps;
Collect, store, or use, or attempt to collect, store, or use another user's accountwithout authorization from that user and PIC QUICK;
Use the Services in any manner that could interfere with, disrupt, negatively affector inhibit other users from fully enjoying our services or that could damage,disable, overburden or impair the functioning of our services in any manner;
Reverse engineer any aspect of the Services or do anything that might discoversource code or bypass or circumvent measures employed to prevent or limitaccess to any part of the Services;
Attempt to circumvent any content-filtering techniques we employ or attempt toaccess any feature or area of the Services that you are not authorized to access;
Develop any third-party applications that interact with the Services without ourprior written consent, including any scripts designed to scrape or extract datafrom the Services; or
Use the Services in any manner, or engage in, encourage or promote any activitythat (a) violates any local, provincial, state, national, or international law, oradvocates or solicits violence, criminal conduct, or the violation of any local,provincial, state, national, or international law or the rights of a third party (b)threatens, stalks, harasses, abuses, defames, slanders, or in any other way harmsanother individual or business organization, (c) impersonates any person or entity,misrepresents your affiliation with a person or entity, or otherwise creates a falseidentity for the purpose of misleading others, (d) transmits any material orcommunications that contain a petition for signature, chain letters, or lettersrelating to a pyramid scheme, or (e) violates these Terms
DATA CHARGES
You understand and agree that you may incur data charges or similar fees inconnection with your use of the Services. It is recommended that any deviceutilizing the Apps subscribe to an unlimited monthly data plan.
EXPORT LIMITATIONS AND LEGAL COMPLIANCE
You may not use or otherwise export or re-export the Apps or any content therein,except as authorized by Canadian law and the laws of your home jurisdiction orthe jurisdiction in which the Services were obtained or used. In particular, butwithout limitation, the Services and the content contained therein may not beexported or re-exported to (a) any Canadian embargo countries or (b) anyone onthe U.S. Treasury Department's list of Specially Designated Nationals or the U.S.Department of Commerce Denied Person's List or Entity List.
By downloading, installing and using any Services, you represent and warrant that(i) you are not located in a country that is subject to a U.S. Government embargo,or that has been designated by the U.S. Government as a "terrorist supporting"country; and (ii) you are not listed on any U.S. Government list of prohibited orrestricted parties.
ADDITIONAL iOS APP TERMS
Acknowledgement: The parties acknowledge that these Terms are a bindingagreement between you and PIC QUICK, and not with Apple Inc. PIC QUICK, notApple Inc., is solely responsible for the iOS Apps and the content thereof. Youfurther acknowledge that the usage rules for the Apps are subject to anyadditional restrictions set forth in the Usage Rules set forth in the App Store Termsof Service (the "Usage Rules") and that you will comply with any applicable thirdparty terms when using the App.
Support: Apple Inc. has no obligation whatsoever to furnish any maintenance andsupport services with respect to the Apps.
No Warranty: APPLE INC. HAS NO WARRANTY OBLIGATION WHATSOEVER WITHRESPECT TO iOS APPS OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES,COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE iOS APPS. See alsothe PIC QUICK disclaimer below.
Third Party Claims: The parties acknowledge that as between Apple Inc. and PICKQUICK, PIC QUICK, not Apple, is responsible for addressing any claims of theend-user or any third party relating to the Apps or the end-user's possessionand/or use of the Apps, including, but not limited to: (i) product liability claims; (ii)any claim that the App fails to conform to any applicable legal or regulatoryrequirement; (iii) claims arising under consumer protection or similar legislation;and (iv) claims that the App infringes a third party's intellectual property rights.
Third Party Beneficiary: The parties acknowledge and agree that Apple Inc., andApple Inc.'s subsidiaries, are third party beneficiaries of the Terms relating to theiOS Apps, and that, upon the end-user's acceptance of these Terms, Apple Inc. willhave the right (and will be deemed to have accepted the right) to enforce theseTerms against the end-user as a third party beneficiary thereof).
MAINTENANCE AND SUPPORT
PIC QUICK is not obligated to provide any support or maintenance services for theServices. If you have any questions regarding the Services, please contact PICQUICK at info@picquickapps.com.
MODIFYING OR TERMINATING THE SERVICES OR THESE TERMS
PIC QUICK reserves the right to change, suspend, remove, discontinue or disableaccess to the Services at any time without notice. In no event will PIC QUICK beliable for the removal of or disabling of access to any portion or feature of the Services.
You can terminate your use of the Services under these Terms at any time and forany reason by deleting your account and uninstalling the App.
PIC QUICK may also terminate your use of the Services at any time, for any reason,and without advanced notice. That means that we may stop providing you withany Services, or impose new or additional limits on your ability to use our Services.
We may make changes to these Terms from time to time. If we do make changes,we will post the amended Terms to our Services and update the "Last Updated"date above. Unless we say otherwise in our notice, the amended Terms will beeffective immediately and your continued access to and use of our Services afterwe provide notice will confirm your acceptance of the changes. If you do notagree to the amended Terms, you must stop using our Services.
INDEMNITY
You agree, to the extent permitted by law, to indemnify, defend, and holdharmless PIC QUICK, our affiliates, directors, officers, stockholders, employees,licensors, and agents from and against any and all complaints, charges, claims,damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to,arising out of, or relating in any way to: (a) your access to or use of the Services;(b) your content; and (c) your breach of these Terms.
DISCLAIMERS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENTPERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT. IN ADDITION, WHILE PIC QUICK ATTEMPTS TO PROVIDE AGOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THESERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICESWILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICESWILL BE TIMELY OR ACCURATE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIC QUICK AND OUR MANAGINGMEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERSWILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: YOUR ACCESS TOOR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF PIC QUICKHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILLPIC QUICK AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICESEXCEED THE GREATER OF $10 USD OR THE AMOUNT YOU PAID PIC QUICK, IF ANY,IN THE LAST 12 MONTHS. THIS ALSO EXTENDS TO OUR PARTNERS REGARDINGINTERACTIONS AND SERVICES WITH OUR APP.
ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIREYOU AND PIC QUICK TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGHBINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration. You and PIC QUICK agree that all claims and disputes(whether contract, tort, or otherwise), including all statutory claims and disputes,arising out of or relating to these Terms or the use of the Services that cannot beresolved in small claims court will be resolved by binding arbitration on anindividual basis, except that you and PIC QUICK are not required to arbitrate anydispute in which either party seeks equitable relief for the alleged unlawful use ofcopyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear:The phrase "all claims and disputes" also includes claims and disputes that arosebetween us before the effective date of these Terms.
The arbitration shall be conducted by a single arbitrator agreed upon by theparties to the matter. If, within five business days after any party has given noticeof desire to enter arbitration to the other party or parties, the parties to thematter cannot agree upon a single arbitrator, then the arbitrator shall be selectedin accordance with the provisions of the Arbitration Act, 1991 (Ontario). The lawto be applied in connection with the arbitration shall be the law of Ontario,excluding its conflicts of law rules. Any arbitration hereunder shall be held inToronto, Ontario, unless the parties thereto otherwise agree.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration iselected, the arbitration will be conducted by telephone, online, writtensubmissions, or any combination of the three; the specific manner will be chosenby the party initiating the arbitration. The arbitration will not involve any personalappearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with PIC QUICK, PIC QUICK will reimburse you foryour reasonable arbitration costs, as determined by the arbitrator.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of thearbitrator and the rights and liabilities, if any, of you and PIC QUICK. The disputewill not be consolidated with any other matters or joined with any other cases orparties. The arbitrator will have the authority to grant motions dispositive of all orpart of any claim or dispute. The arbitrator will have the authority to awardmonetary damages and to grant any non-monetary remedy or relief available toan individual under law, the arbitral forum's rules, and these Terms. The arbitratorwill issue a written award and statement of decision describing the essentialfindings and conclusions on which the award is based, including the calculation ofany damages awarded. The arbitrator has the same authority to award relief on anindividual basis that a judge in a court of law would have. The award of thearbitrator is final and binding upon you and PIC QUICK.
Waiver of Jury Trial. YOU AND PIC QUICK WAIVE ANY CONSTITUTIONAL ANDSTATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGEOR A JURY BEFORE ARBITRATION HAS PROCEEDED IN ACCORDANCE WITH THESETERMS. You and PIC QUICK are instead electing to have claims and disputesresolved by arbitration. Arbitration procedures are typically more limited, moreefficient, and less costly than rules applicable in court and are subject to verylimited review by a court. You and PIC QUICK further agree that decisions of thearbitrator shall be final and binding and shall not be subject to any appeal orreview procedure, provided that the arbitrator has proceeded in accordance withthe rules of natural justice. Any dispute subject to arbitration according to theseTerms shall not be made the subject matter of an action in a court by any partyunless the dispute has first been submitted to arbitration and finally determinedin accordance with these Terms. To the extent that there is more than one disputebetween you and PIC QUICK, you agree to consolidate any arbitration proceedingsin accordance with these Terms into a single proceeding, to the extent that suchconsolidation is reasonably practicable. In any litigation between you and PICQUICK over whether to vacate or enforce an arbitration award, YOU AND PICQUICK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the disputebe resolved by a judge alone.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THESCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUALBASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER ORUSER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITHTHOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class orconsolidated actions is deemed invalid or unenforceable, neither you nor we areentitled to arbitration; instead all claims and disputes will be resolved in a court.
Right to Waive. Any rights and limitations set forth in these Terms may be waivedby the party against whom the claim is asserted. Such waiver will not waive oraffect any other portion of this section.
Opt-out. You may opt out of arbitration. If you do so, neither you nor PIC QUICKcan force the other to arbitrate. To opt out, you must notify PIC QUICK in writingno later than 30 days after first becoming subject to these Terms. Your notice mustinclude your name and address and the email address you used to set up youraccount (if you have one), and an unequivocal statement that you want to opt outof this arbitration section. You must either mail your opt-out notice to thisaddress: info@PICQUICKAPPS.com.
Small Claims Court. Notwithstanding the foregoing, either you or PIC QUICK maybring an individual action in the Small Claims Court of the Province of Ontario.
GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by andconstrued and enforced in accordance with the laws of Ontario, and the laws ofCanada applicable therein, without regard to conflict of law rules or principles(whether of Ontario or any other jurisdiction) that would cause the application ofthe laws of any other jurisdiction. You and PIC QUICK agree that, in the event ofany dispute between the parties that is not subject to arbitration or cannot beheard in small claims court, you and PIC QUICK will submit to the non-exclusivejurisdiction of the courts of the Province of Ontario and all courts competent tohear appeals therefrom.
SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void orunenforceable, that provision or part of the provision is deemed severable fromthese Terms and does not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional termsand conditions for specific Services. Those additional terms and conditions, whichwill be available with the relevant Services, then become part of your agreementwith us if you use those Services. If any part of those additional terms andconditions conflicts with these Terms, the additional terms and conditions will prevail.
SURVIVAL
Following termination of the Services or of these Terms, both you and PIC QUICKcontinue to be bound by the following sections of these Terms: IntellectualProperty; Rights You Grant Us; Advertisements, Promotions, and Third PartyServices; User Conduct; Data Charges; Export Limitations and Legal Compliance;Maintenance and Support; Indemnity; Disclaimers; Limitation of Liability;Arbitration, Class-Action Waiver, and Jury Waiver; and Governing Law and Venue.
MISCELLANEOUS
These Terms (together with any additional terms applicable to specific Servicesyou use) constitute the entire agreement between you and PIC QUICK relating toyour access to and use of our Services. The failure of PIC QUICK to exercise orenforce any right or provision of these Terms will not operate as a waiver of suchright or provision. The section titles in these Terms are for convenience only andhave no legal or contractual effect. Except as otherwise provided herein, theseTerms are intended solely for the benefit of the parties and are not intended toconfer third party beneficiary rights upon any other person or entity.
CONTACT US
Any questions, complaints or claims with respect to the Services should bedirected to:
HOT SUMMER APPS INC
Email: info@PICQUICKAPPS.com
SCAVENGER HUNTS
By participating in the PIC QUICKSs (the "Program OR SCAVENGER HUNTS"), you agree to thefollowing terms (the "Terms") and the Terms of Service, and you agree you have read the Privacy Policy. Please read these Terms carefully. It is your responsibility to understand how the Termsapply to your participation in the Program:
Pic Quick Official Rules
1. Eligibility:
- The Pic Quick contest is open exclusively to attendees physically present at the designatedvenue (amusement park, zoo, or aquarium) during the specified promotional period.
- Participants must comply with all applicable laws and venue regulations.
- The Program is open to legal residents of the United States, Canada (excluding residents ofQuebec), the European Union, and Australia who are 18 years of age or older at the time ofenrollment and who have mobile devices compatible with the Application. Void whereprohibited by law.
2. Enrolling in the Program. If you meet the eligibility requirements described above, you maycreate an account and enroll in the Program by completing all of the following steps:
1. Download and install an Application on your compatible mobile device.
2. Open the Application, review the privacy policy, and accept the Terms of Serviceand these Terms.
3. Create an account by entering a valid email address, phone number, selecting apassword, and tapping "Create Account."
An account ("Account") will be created for you after you enroll in the Program. Limit: one Accountper person. A single person may not have an Account in multiple Applications. You are responsiblefor ensuring the accuracy of your Account information and are encouraged to check your Accountregularly. The person who is the holder of the email address used to register for the Program will bedeemed the Account owner.
2. Participation:
- To participate, download the Pic Quick app and complete all assigned tasks within thespecified timeframe.
- Tasks must be completed and submitted through the app for verification.
3. Attendee Verification:
- Only individuals physically present on-site at the venue during the contest period are eligiblefor participation and prize eligibility.
- Participants may be required to provide proof of attendance upon request.
4. Task Completion:
- All tasks must be accurately completed according to the provided instructions.
- Each task submission must include relevant photos as specified by the app.
5. Verification Process:
- Pic Quick will conduct a thorough verification process for each task submission to ensurecompliance with the rules.
- Verification may include reviewing submitted photos, timestamps, and task details.
6. Prize Claiming Options:
- Once tasks are successfully verified, participants have two options for claiming their prize:
- On-Site Redemption: Participants can visit the designated redemption point at the venue toclaim their prize immediately.
- Email Redemption: Participants may choose to receive their prize via email by providing avalid email address during the verification process.
7. Prize Redemption:
- On-site redemption is subject to venue operating hours and conditions.
- For email redemption, participants will receive instructions on claiming their prize electronically.
8. Prize Conditions:
- Prizes are subject to availability and may vary based on the specific promotion.
- Participants must adhere to any additional terms and conditions associated with individual prizes.
9. Disqualification:
- Participants may be disqualified for:
- Providing false information during registration.
- Attempting to manipulate the verification process.
- Violating venue rules or applicable laws.
10. Technical Issues:
- Pic Quick is not responsible for any technical issues, including but not limited to appmalfunctions, internet connectivity problems, or device issues, that may impact participation orprize claiming.
11. Publicity:
- By participating, participants consent to the use of their names, photos, and likenesses forpromotional purposes related to Pic Quick.
12. Amendments:
- Pic Quick reserves the right to modify, suspend, or terminate the contest or rules at any timewithout prior notice.
13. Contact:
- For inquiries or assistance, participants can contact Pic Quick support through the app or theprovided contact information.
By participating in Pic Quick, attendees acknowledge and agree to abide by these official rules,emphasizing the requirement of physical presence on-site for eligibility and prize claiming.
14. Tokens. The number of tokens you earn will be tracked in your Account. You can earn tokens inthe following ways:
4. Profile Completion. You can earn tokens for completing your profile. Aftersubmission of your completed profile, you will earn the number of tokens offered inthe Application.
5. Referrals. You can earn tokens by referring people to the Application. To earn tokens for referrals, you can go to the Referrals section of the Application, tap the addbutton, and share your referral link with your contacts. The contact will generally beeligible if your contact has never been a member of the Program, follows yourreferral link to the referral site, enters their email address to get a link to downloadthe Application, and uses the same email address to enroll in the Program for thefirst time. You may only send the referral link if you have permission from therecipient to contact them via the contact method you select. PIC QUICK mayterminate your Account if it suspects you have sent the referral link to recipients whoyou do not have permission to contact.
6. Promotional Points. PIC QUICK may offer the opportunity to earn additional tokensfor completing certain tasks. You can earn the tokens offered by completing the taskbefore the offer expires.
PIC QUICK decisions regarding the awarding of tokens AND PRIZES are final and binding.Tokens that are determined to be earned in violation of these Terms will be disqualified andremoved from your Account. Tokens have no cash value and do not constitute yourproperty. Tokens may be revoked at any time as described in these Terms. PIC QUICK maychange the number of Tokens awarded for each activity as well as the activities eligible fortokens at its discretion. If you believe that tokens were not properly accrued to your Account, you must contact info@PICQUICKAPPS.com within 10 days of the award date.
2. Redeeming Points. Tokens may be redeemed to participate in PIC QUICK and to obtain discounts on purchases in the online store.
3. Token Expiration. Unused tokens do not expire.
4. Additional Restrictions.
1. You may not modify the Application in any way. You may not modify your mobiledevice or its software in any way that may alter or affect its performance or theoperation of the Application.
2. You may not create an Account or participate in the Program for any commercialpurpose. You may not sell tokens or your Account. You may not transfer tokensbetween Accounts or combine Accounts.
3. Tokens may not be sold, and are not transferable or assignable for any reason,including upon death, as part of a domestic relations matter, or otherwise byoperation of law.
5. Violation of these Terms or the Law. PIC QUICK may discontinue your participationprivileges and terminate your Account in its sole discretion if it believes that you have actedin a manner inconsistent with these Terms or the law or have engaged in any fraudulentactivity with respect to the Program. If your Account is terminated, your token balance andany earned but undelivered rewards will be forfeited. In addition to forfeiture, PIC QUICK reserves the right to take any appropriate administrative and/or legal action as it deemsnecessary in its sole discretion.
6. Modifications and Termination of the Program. PIC QUICK may modify, suspend, orterminate the Program and these Terms at any time in its sole discretion. These changesmay impact or terminate your ability to earn and use tokens. PIC QUICK will provide noticeof modifications, suspensions, or termination of the Program by posting notice on itswebsite: http://www.PICQUICKAPPS.COM The current version of these Terms will beavailable at http://www.PICQUICKAPPS.COM. Any modification, suspension, or terminationof the Program by PICQUICK will be effective immediately. Your continued participation inthe Program constitutes your acceptance of any changes to these Terms.
7. Publicity Release. By participating in the Program, you grant PIC QUICK the right topublish your first name and last initial and state or province on its website and in itsadvertising and promotional materials. You understand and agree that you will not receiveany payment or consideration for any such use.
8. Errors and disputes. PIC QUICK is not responsible for any incorrect or inaccurateinformation supplied by you while participating in the Program. All disputes regardingeligibility, earning or using tokens, or your compliance with these Terms will be resolved byPIC QUICK in its sole discretion.
9. Limitation of Liability. Participation in the Program is subject to the disclaimers and limitations of liability found in the out terms.
10. Arbitration and Class Action Waiver. The Arbitration provision of our terms applies to anydisputes arising out of these Terms or your participation in the Program.
11. Waiver. No waiver of any provision of these Terms shall be deemed or shall constitute awaiver of any other provisions hereof (whether or not similar), nor shall waiver constitute acontinuing waiver unless otherwise expressly provided.
12. Severability. If any provision of these Terms shall be deemed unlawful, void or for anyreason unenforceable, then that provision shall be deemed severable from these Terms ofService and shall not affect the validity and enforceability of any remaining provisions.
13. Consumer Rights. Nothing in these Terms shall be deemed to exclude or restrict any ofyour statutory rights as a consumer.
PIC QUICK’S are subject to the additional terms set out in the PIC QUICK Official Rules.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY
The "WINNINGS " (the "Promotions"), consisting of the "SCAVENGER HUNT" ("Daily Promotions")are sponsored by HOT SUMMER APPS Inc. ("PIC QUICK"). These Promotions are governed bythese official rules ("Rules"). By participating in the Promotions, you agree to abide by these Rules, including all eligibility requirements, and understand that the results of the Promotions, asdetermined by PIC QUICK and its agents, are final in all respects. The Promotions are subject to allfederal, state and local laws and regulations and are void where prohibited by law. These Promotions are open to residents of the United States, Canada (excluding by residents of Quebec),the European Union, and Australia who are 18 years of age or older as of the entry date and have avalid PIC QUICK account and have downloaded the PIC QUICK App mobile applications (the"Applications"). PIC QUICK employees, employees of affiliated companies, former employees of PIC QUICK and affiliated companies, and all of their immediate family members and persons livingin the same household are not eligible.
These Promotions are in no way sponsored, endorsed or administered by, or associated with Apple,Inc. Any questions, comments or complaints regarding the Promotions should be directed to PICQUICK, and not Apple.
ENTRY PERIOD
The entry period for the Promotions (the "Promotion Period") vary:
THE DAILY SCAVENGER HUNTS WILL OPERATE BASED ON THE LOCATIONS OPERATINGHOURS AND ONLY DURING THAT TIME WILL YOU BE ABLE TO RECEIVE YOUR PRIZES.
HOW TO ENTER
You can enter the Promotions the following ways during the Promotion Period:
1. Entry in the Application: Go to the main screen and tap, THE LOCATION WHICH YOU AREATTENDING,"." If you have not previously entered the Promotions via the Application, youmay be required to enter and verify your email address IN ORDER TO CLAIM YOURPRIZES. YOU WILL THEN HAVE TO COMPLETE ALL TASKS GIVEN TO YOU VIA TAKINGPICTURES AND IF VERIFIED AND COMPLETED CORRECTLY YOU WILL EARN YOURCHANCE TO WIN PRIZING OR PROMOTIONS.
DRAWING AND NOTIFICATION
If there are one or more eligible entries, a winner will be drawn at random from among all eligibleentries received for each of the Promotions within seven days of the end of the Promotion Period.Potential winners will be notified by email within three days of the drawing date. The winner mustanswer a skill-testing question to be determined the winner. If the winner cannot be contacted, isdisqualified, or the prize cannot be delivered for any reason, up to five alternate drawings will beheld, after which point, if a potential alternate winner is unable to be secured, a prize will remainunclaimed. The odds of winning depend upon the number of entries received.
ONCE ALL TASKS HAVE BEEN COMPLETED YOU WILL RECEIVE A NOTIFICATION TO EITHERCOLLECT YOUR PRIZE ONLINE OR ONSITE. ONLY DURING THAT DAY YOU CAN COLLECTYOUR PRIZE OR THE WINNINGS BECOME OBSOLETE. IF THE PRIZE IS NOT AVAILABLE THEWINNER WILL RECEIVE SOMETHING IN REPLACEMENT. IF NO PRIZE IS CLAIMED THE WINNERFORFEITS THEIR ABILITY TO WIN ON THAT DAY OF PARTICIPATION.
PRIZE DETAILS
The prize and the approximate retail value of the prize for each of the Promotions is described onthe Choose Reward screen of the Applications. Winner not entitled to any surplus between actualprize value and stated prize value. PIC QUICK expressly disclaims any responsibility or liability forinjury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded. PIC QUICK makes no representation or warranties concerning the appearance, safety orperformance of the prize awarded. The prize is non-transferable and is not redeemable for cash.
WINNER RESPONSIBILITIES
o If PIC QUICK requests additional information or the completion of additional forms, potentialwinners must respond within seven days of notice with all information requested from PICQUICK for PIC QUICK to deliver the prize. Additional forms may include a W-8, W-9, Declarationof Eligibility and, where permissible by law, a Publicity Release. Failure to respond within sevendays of notice will indicate definitively that the prize has been declined and an alternative winnerwill be selected.
o All expenses or costs associated with acceptance of the prize not provided for in these Rules,including any applicable taxes, are the responsibility of the winner.
PRIVACY AND USE OF USER-GENERATED CONTENT (UGC)
o By entering, except where prohibited by law, you are granting PIC QUICK permission toannounce your first name and last initial and state or province of residence in any media inperpetuity for advertising and publicity purposes.
o The Promotions are also governed by the PIC QUICK Terms of Service.
ADDITIONAL TERMS AND CONDITIONS
If the Promotions are not capable of running as planned, PIC QUICK reserves the right at its solediscretion to cancel, terminate, modify or suspend the Promotions and select winners from amongall otherwise eligible entries received prior to the cancellation. Persons found tampering with thePromotions in any way whatsoever to gain an unfair advantage, violating the fair play or spirit of therules, or abusing any aspect of this Promotions will be disqualified. PIC QUICK reserves the right tocorrect any typographical, printing, computer programming or operator errors, including, withoutlimitation, computer errors that erroneously award prizes.
INDEMNIFICATION AND LIMITATION OF LIABILITY
By entering the promotion, you agree to indemnify, release and hold harmless PIC QUICK, and itsaffiliates, including administrators, advertising and promotional agencies, attorneys, and all theirrespective officers, directors, employees, representatives and agents (collectively "ReleasedParties") from any liability, damages, losses or injury resulting in whole or in part, directly orindirectly, from your participation in the Promotions and the acceptance, use or misuse of any prizethat may be won. Released Parties do not make any warranties, express or implied, as to thecondition, fitness or merchantability of the prize. Released Parties disclaim any liability for damageto any computer system resulting from access to or the download of information or materialsconnected with the Promotions.
DISPUTES
Except where prohibited by law, all issues and questions concerning the construction, validity,interpretation, and enforceability of these Rules, or rights and obligations of entrants and PICQUICK in connection with this Promotion, shall be governed by, and construed in accordance with,the substantive laws of the Province of Ontario, and the federal laws of Canada applicable therein,without giving effect to any choice of law or conflict of law rules or provisions that would cause theapplication of any other jurisdiction's laws. By entering, entrants consent to the non-exclusivejurisdiction of the courts of the Province of Ontario and all courts competent to hear appealstherefrom.
WINNERS LIST
To obtain a winners list, chances of winning, identity and value of the prizes for Promotions,visit http://wwwPICQUICKAPPS.COM.
