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Terms Of Service

IMPORTANT NOTICE:THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15

1. Acceptance of terms

Sqingo LLC, Inc. and Sqingo LLC Limited (collectively, “We”, “Us”, or “Sqingo LLC”) provide a charity sports pool website located at Sqingo.com (the "Site") which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. Residents of the United States will be contracting with Sqingo LLC, Inc. and residents of Canada will be contracting with Sqingo LLC Limited. The Site, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Sqingo LLC are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Rules and Scoring system and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular contests issued by Sqingo LLC from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.

Sqingo LLC may issue additional terms, rules and conditions of participation in particular contests. For example, Sqingo LLC may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.

2. Modification of Terms of Use Except for Section 15, providing for binding arbitration and waiver of class action rights, Sqingo LLC reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

3. Eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.

By depositing money or entering a contest, you are representing and warranting that:

• you are of 18 years of age or older (21 years of age or older in Massachusetts)

• you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;

• at the time of deposit or game entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the contest is not prohibited by applicable law;

• you are not listed on any U.S. Government list of prohibited or restricted parties;

• you will abide at all times by these Terms of Use and any other agreements between you and Sqingo LLC regarding your use of the Service or participation in games;

• when depositing funds or entering a paid contest, you are not physically located in of any of the following states: Alabama, Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Texas or Washington;

• you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

If Sqingo LLC determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. If Sqingo LLC otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Sqingo LLC may have in law or equity, Sqingo LLC reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Sqingo LLC may pay out any withheld or revoked money to the other entrants in the relevant contest in a manner consistent with the money structure of the contest, to be precisely determined by Sqingo LLC in its sole discretion. Sqingo LLC also reserves the right to withhold revoked money to use in furtherance of its fraud prevention or anti-money laundering efforts. Sqingo LLC employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of Sqingo LLC employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other Sqingo LLC employees or household members. Sqingo LLC consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Sqingo LLC does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

Sqingo LLC is not affiliated with or sponsored by the National Football League, the National Hockey League, Major League Baseball, National Collegiate Athletic Association, or the National Basketball Association.

4. Conditions of participation

4.1 Registration

In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Sqingo LLC has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Sqingo LLC may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Sqingo LLC determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sqingo LLC may have, Sqingo LLC reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

Sqingo LLC shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities.

4.2 Account Password and Security

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Sqingo LLC in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Sqingo LLC of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Sqingo LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that Sqingo LLC is authorized to act on instructions received through the use of your Username and Password, and that Sqingo LLC may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason. Sqingo LLC may require you to change your Username or may unilaterally change your Username.

4.3 Communications and Information Practices

As a result of your registration for the Service, you may receive certain commercial communications from Sqingo LLC. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to info [at] Sqingo [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

4.4 Disqualification and Cancellation

Sqingo LLC also reserves the right to cancel contests, in our sole discretion, without any restrictions.

Sqingo LLC, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Sqingo LLC deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Sqingo LLC from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Sqingo LLC corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Sqingo LLC reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

Privacy Policy

OUR COMMITMENT TO PRIVACY

Your privacy is important to us. Sqingo, LLC ("Sqingo", "we" or "us") has prepared this notice to describe to you our practices regarding the personal information we collect from users of our website located at http://www.sqingo.com (the "Website"), our mobile application and/or mobile website ("Application"), and our online squares management/fundraising related services available through Website and the Application ("Services"). This notice does not apply to websites, applications or services that do not display or link to this statement or that display or link to different privacy statements.

THE INFORMATION WE COLLECT

Information You Provide to Us

• We may collect personal information from you, such as your first and last name, location, email address, username and password, and the country and state in which you reside when you create an account to log in to our network ("Account").

• When you order Services on our Website, or deposit or withdraw funds from your Account, we may collect all information necessary to complete the transaction, including your name, address, phone number, credit card information, billing information and social security number, where applicable.

• If you use our Application on your mobile device, we may collect your phone number and unique device id number.

• If you provide us feedback or contact us via email, we may collect your name and email address, as well as any other content included in the email, in order to send you a reply.

• In future versions of the privacy agreement, we reserve the right to collect your profile photo and user name that you upload to your public profile page ("Profile").

• Where applicable, if you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to verify for eligibility enter certain contests and for fraud prevention purposes.

• When you participate in one of our surveys, we may collect additional profile information.

• If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you for your email address and/or home number (to notify you whether you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as part of the entry process, such as a prize selection choice, or in connection with the award of prizes over a certain dollar threshold. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

• We may also collect information at other points in our Website and Services where it is clear we are collecting such information. Information Collected via Technology

• Information Collected by our Services. To make our Website and Services more useful to you, our Website may automatically track certain information about the visits to our Website, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, referring/exist pages, and/or a date/time stamp for your visit. We use this information to analyze trends, administer the Website, gather demographic information about our user base as a whole, and to improve our Website and Services and for product development purposes. For example, some of the information may be collected so that when you visit the Website or Services again, it will recognize you and the information appropriate to your interests.

• Cookies. Like many online services, we may use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This type of information is collected to make the Website and Services more useful to you and to tailor your experience with us to meet your special interests and expectations.

• Pixel Tags. In addition, we may use "Pixel Tags" (also referred to as clear Gifs, Web beacons or Web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a computer’s hard drive or web browser, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send email messages in a format that users can read, and tell us whether emails have been opened to, in part, ensure that we are sending only messages that are of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.

• Threat Detection. We may use certain third party service providers to provide threat detection, user authentication and fraud prevention services. These service providers may automatically collect certain information about your visits to the Website and the device you use to connect to our Services, in order to monitor for potential threats or bad actors. This information may include, among other things, your IP address and your device’s unique device identifier.

• Collection of Data in Connection with Advertising. We may use third parties to serve ads on the Website and in the Application. In connection with the delivery of advertising, certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Website. They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies

• Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s), and information about the type of device you use. In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, that allows us to identify and fix bugs and otherwise improve the performance of our Application(s).

• Third Party Analytics. We use a number of third party service providers, such as Google Analytics, to help analyze how users use our services ("Analytics Companies"). These Analytics Companies use Cookies to collect information such as how often users visit our Website, what pages they visit, and what other sites they used prior to coming to our Services. We use the information we get from Analytics Companies only to improve our Website, Application(s) and Services.

• Referral Affiliates. We may enter into agreements with companies that refer users to our Service by way of hyperlinks made available on the referring party’s website. We may automatically collect certain information, such as [your IP address, referring website, and your IP address] via the Cookies and Pixel Tags that are provided to us in connection with your use of the referring party’s website. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags provided by third party Websites.

• Location Information. We may collect your location information including for the purpose of verifying whether you are eligible to participate in a Contest, sweepstakes, contest or giveaway on our Services.

Information Collected from Other Sources

We may supplement the information we have about you with information received from other sources including from our pages on Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). The information we receive may include demographic data such as age, gender and income level, your interests and purchase data and other information that is necessary or useful to assist our marketing efforts or for user verification, authentication, fraud detection or to comply with regulatory requirements.

INTERACTION WITH THIRD PARTY SITES AND SERVICES

Certain services or other materials displayed on the Website may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content and our Terms of Use and Privacy Notice do not apply to those third-party services. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. SQINGO is not responsible for the practices used by any third party websites or services linked to or from our Website, including, without limitation, the information or content contained within them. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access information you provide to them. If you are using a third-party website or service and you allow them to access your personal information you do so at your own risk.

HOW WE USE INFORMATION

General Use. In general, the personal information you submit to us is used either to respond to the requests you make, or to aid us in serving you better. We use your personal information in the following ways:

• to facilitate the creation of and secure your Account on our network;

• to identify you as a user in our system and to otherwise administer and operate our Website, Application(s) and Services;

• to improve the quality of experience when you interact with our Website, Application(s) and Services;

• to send you administrative email notifications, such as security or support and maintenance advisories;

• to deliver customized or personalized content, information or advertising;

• to respond to your inquiries and other requests; and

• to send newsletters, surveys, offers and other promotional materials related to our Services or on behalf of third parties and to monitor the effectiveness of our marketing programs. User Feedback. We may post user feedback on the Website from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback. If you make any comments on a blog or forum associated with the Website, you should be aware that any personal information you submit there can be read, collected, or used by other users of the forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

Creation of Anonymous Data. We may create anonymized data (data that is not reasonably associated with or linked to any data that would reasonably be expected to allow someone to identify you or contact you) from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymized data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. We reserve the right to use anonymized data for any purpose and disclose anonymized data to third parties for any reason. DISCLOSURE OF YOUR PERSONAL DATA

We disclose your personal information as described below and as described elsewhere in this notice.

• Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with third parties that you designate to receive such information. For example, you may elect to communicate with other users who are participating in the same Contest as you.

• Third Party Service Providers. We may share your personal information with third party service providers to: provide you the Services that we offer you through our Website and Application(s); to conduct quality assurance testing; to facilitate the creation of accounts; to provide account authentication and user verification services; to provide technical support; and/or provide other services to SQINGO.

• Internal Revenue Service and Other Taxing Authorities. If your commissions from contests exceeds a certain threshhold, in accordance with our interpretation of applicable law, we will disclose the amount of your commissions and other related information to the United States Internal Revenue Service and other appropriate taxing authorities.

• Co-Branded Partners. Co-Branded Partners are third parties with whom we may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner's name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner, or we may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner's privacy policy may also apply to its use of your information.

• SQINGO Promotions. When you participate in a Contest, we may use of your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.

• Social Networking Sites. Our Application and Services may enable you to post content to Social Networking Services (each an "SNS") (e.g., Facebook). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

• Affiliates. We may share some or all of your personal information with our subsidiaries, joint ventures and other companies under a common control ("Affiliates"), in which case we will required our Affiliates to honor this notice.

• Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.

• Third Parties. We may make the information we have about you available to third parties including for their direct marketing use. Please see the section below on your California Privacy Rights to determine how you can learn what information about you was disclosed.

• Other Disclosures. Regardless of the choices you make regarding your personal information (as described below), SQINGO may disclose personal information if it believes in good faith that such disclosure is necessary (a) to comply with relevant laws or to respond to subpoenas or warrants served on SQINGO; (b) in connection with any legal investigation; (c) to protect or defend the rights or property of SQINGO or users of the Website, Application(s) or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of law, this notice or our Terms of Use.

YOUR CHOICES REGARDING YOUR INFORMATION

• Email Communication. We will periodically send you free newsletters and emails that contain information about our various products and services, or other products and services we feel may be of interest to you. At any time you can easily indicate your preference to stop receiving further communications from us and you may opt out of receiving further marketing from SQINGO by emailing us or by following the unsubscribe instructions provided in the email you receive. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use and privacy notice.

• Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by editing your "personal information" within your Account or by sending an email to us at the address listed below. You may requested deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

• Applications. You may stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION

You can request a copy of the personally-identifiable information that SQINGO has collected about you via the Services by contacting our Information Privacy team at the e-mail address listed in the "How to Contact Us" section below. You may also request that SQINGO correct any factual inaccuracies contained in this information by contacting this same person.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Some web browsers may transmit "do not track" signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.

PROHIBITED USERS

As indicated in our terms of use, employees, operators or consultants of a sports governing body are prohibited from participating in certain Contests where such employee, operator or consultant is prohibited from participating in Contests by such governing body ("Prohibited Users"). For clarity, we say that examples of sports governing bodies are the National Football League, Major League Baseball and the National Basketball Association. We may report any participation in the Services or in any Contests by any Prohibited Users to the applicable sports governing body.

SPECIAL NOTE TO INTERNATIONAL USERS

The Website is hosted in the United States and is intended for and directed to users in the United States and Canada. If you are a User accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which are governed by U.S. law, this notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

YOUR STATE PRIVACY RIGHTS

You state privacy rights may vary depending on the state in which you resied. Please refer to the link below for state specific privacy rights.

http://www.ncsl.org/research/telecommunications-and-information-technology/state-laws-related-to-internet-privacy.aspx

HOW TO CONTACT US

If you would like to contact us for any reason regarding our privacy practices, our privacy notice, or if you want to report any security violations to us, please e-mail us.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

This notice may be revised periodically, and if we make any material changes in the way we use your personal information, we will notify you. Any changes to this privacy notice will be effective upon thirty (30) days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of the Service and for all users who expressly acknowledge that this notice has been changed. Please note that at all times you are responsible for updating your personal information to provide us with your most current email address. In the event that the last email address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, in the event that we elect to provide you notice via email, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Your continued use of the Website, Application(s) or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, with the understanding that the modified terms and conditions applies to all of your personal information, including the personal information collected before the change went into effect.

Last Updated: January 9th, 2018

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