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TERMS OF USE AND BINDING ARBITRATION

Effective Date: August 12, 2026

1. AGREEMENT TO TERMS

Your access to, and use of, triviadraws.com (“Website”) and your participation in promotions on the Website is subject to the following Terms of Use and all applicable laws and regulations. The Website is owned and operated by Hypersonic Media Inc., 9450 SW Gemini Dr #32520, Beaverton, OR, 97008-7105 (“we,” “us,” or “our”). You must be at least 18 years of age to use the Website. Eligibility for sweepstakes, contests, drawings, or other prize promotions on the Website is governed by the applicable Official Sweepstakes Rules for each promotion, which may impose geographic, residency, and other requirements separately from these Terms. Canadian residents may use the Website; whether they may enter a particular prize promotion is determined by the applicable Official Sweepstakes Rules.

Your use of this Website constitutes your acceptance of these Terms of Use and gives rise to a binding contract between you and us. These Terms of Use incorporate the posted Privacy Policy as though fully set forth herein. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Website. We reserve the right to modify these Terms of Use at any time in our sole discretion. Any material change will be noted by updating the Effective Date above, and such terms shall be enforced from the date of posting forward. No provision of these Terms of Use shall create any rights in or benefits to any third party.

Mandatory Arbitration. These Terms of Use contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us, and waives your right to participate in a class action or multi-party arbitration. You may opt out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date you first register on the Website.

2. SPONSORED SWEEPSTAKES (GENERAL)

We promote Sponsored Sweepstakes. The Sponsor provides the content including, but not limited to, Official Rules and Prizes. The rules applicable to each Sponsored Sweepstakes, including eligibility, how to enter, geographic restrictions, and no-cost alternative means of entry, are governed by the applicable Official Sweepstakes Rules (“Sweepstakes Rules”) published on the Website or through a link on the Website. Please read them carefully before participating. If there is a conflict between the applicable Sweepstakes Rules and these Terms of Use, the Sweepstakes Rules shall govern. Individual promotions may impose different geographic restrictions. There is no fee payable by you for using the Website and no purchase is necessary to participate in any Sweepstakes or other promotion. Your access to this Website is pursuant to a free, limited, revocable, and non-exclusive license from us, which may be modified, terminated, restricted, or limited by us at any time.

Where the applicable Sweepstakes Rules permit Canadian residents to enter a promotion, a Canadian potential winner may be required to correctly answer a mathematical skill-testing question and satisfy other conditions stated in those rules before being confirmed as a winner.

3. INTELLECTUAL PROPERTY RIGHTS

The Website and its content (“Content”) are owned, trademarked, and copyrighted by us with all rights reserved, except for third-party trademarks, logos, or service marks owned by their respective owners. Your use of any Content without our written permission is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable, and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms of Use.

By submitting any content to us (other than profile images and User Content governed by Section 6), you grant us a perpetual, irrevocable, royalty-free, non-exclusive, assignable, and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from, and use such content in any form, media, or technology now known or hereafter developed. If you are a prize winner, you grant us publicity rights in your image and name to the extent permitted by applicable law.

4. PRIVACY AND DATA

Any personal information you provide to us will be used in accordance with our Privacy Policy, which is incorporated herein as though fully set forth. We use cookies and similar technologies as described in our Cookie Policy. Any communication or material you transmit to us, including questions, comments, suggestions, or inquiries, will be treated as non-confidential and non-proprietary.

Your acceptance of a prize from or through the Website shall, unless prohibited by law, constitute a grant to us of rights to print, publish, broadcast, or use your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and without additional consent from you, where permitted by applicable law.

5. ACCOUNTS AND PASSWORDS

Access to certain Website features requires registration. During registration you will create a unique login using an email address and password, or you may register using a supported third-party provider such as Facebook or Google, in which case your access is subject to those providers’ terms as well. Only one account is permitted per person. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs through your account. You will notify us immediately if you believe your account has been compromised. We reserve the right to delete or disable any account at any time.

6. USER CONTENT AND PROFILE IMAGES

Ownership. You retain ownership of content you upload to the Website, including your profile image. By uploading a profile image or other content, you grant Hypersonic Media Inc. a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, resize, crop, encode, cache, transmit, and publicly display that content solely as necessary to operate and provide the Website and its features. This license ends when you permanently delete the content from your account, subject to reasonable retention periods for backups and legal compliance described in our Privacy Policy.

Your responsibility. You are responsible for everything you upload. By uploading a profile image or other content, you represent that you own the image or have all rights necessary to grant the license above, and that your upload does not violate any law or third-party rights.

Profile images. Your profile image is displayed publicly on Trivia Draws as part of your account profile. Profile images should depict the account holder. You may not upload a profile image that primarily depicts a minor.

Prohibited content. You may not upload content that:

  • Is sexually explicit, obscene, or pornographic
  • Is hateful, harassing, threatening, or violent toward any person or group
  • Impersonates any person, organization, or public figure
  • Is fraudulent or deceptive
  • Infringes any copyright, trademark, or other intellectual property right
  • Violates any applicable law or regulation
  • We reasonably determine to be inappropriate for the Site

Moderation. We reserve the right to review, reject, remove, disable, or restrict access to any content at our discretion and without prior notice. We are not obligated to proactively monitor or manually review every uploaded image. Our ability to act on content we become aware of does not make us responsible for content we have not reviewed.

No guarantee of availability. You have no expectation that uploaded content will remain available permanently. We may remove content for operational, legal, or safety reasons.

Violations. Repeated or serious violations of these content rules may result in removal of your content, restriction of upload privileges, or termination of your account.

7. AI-GENERATED CONTENT

Some illustrations or other visual content on the Website may be created or modified using generative AI tools. User-uploaded profile images are not used to train AI models.

8. FRAUDULENT ACTIVITY AND SECURITY

We strictly prohibit fraud and abuse in connection with the Website or any promotion. By accessing the Website or participating in any promotion, you represent and warrant that: (a) all information you supply is complete and accurate; (b) you are not acting in violation of any applicable law, rule, or regulation or of these Terms of Use; and (c) you will not circumvent or attempt to circumvent any security feature on the Website or engage in any activity that interrupts or attempts to interrupt the operation of the Website.

Prohibited conduct includes without limitation: opening or using multiple accounts; using bots, scripts, automated tools, or unauthorized software to assist play or access the Website; accessing the Website from an ineligible location or through a proxy or VPN to conceal your identity or location; collusion with other users; and any other act that unfairly alters your chance of winning or constitutes fraud. We may, in our sole discretion, immediately impose sanctions including account termination, voiding of entries, forfeiture of prizes, and referral to law enforcement. Actual or attempted unauthorized use of this Website may also result in criminal or civil liability. We reserve the right to monitor and record activity on the Website and will comply with all court orders requiring disclosure of such information.

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF TRIVIADRAWS OR ANY ASSOCIATED PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. PROGRAM PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

9. COPYRIGHT COMPLAINTS

We respect intellectual property rights and expect users to do the same. You may not upload, post, or otherwise transmit content through the Website that infringes any copyright or other intellectual property right.

If you believe that content on the Website infringes your copyright or other rights, please notify us in writing at info@triviadraws.com or by mail at the address in Section 18. Your notice should include: a description of the work you believe has been infringed; identification of the allegedly infringing material and where it appears on the Website; your contact information; and a statement that you have a good-faith belief the use is not authorized by the rights holder.

Upon receiving a valid notice, we may remove or disable access to the allegedly infringing content while we investigate. Users who repeatedly upload infringing content may have their accounts terminated.

10. THIRD-PARTY PRODUCTS AND SERVICES

The Website may feature advertisements, links, materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do we guarantee or endorse, such third-party content, products, or services. We expressly disclaim responsibility and liability for all third-party content accessed through the Website.

11. DISCLAIMER OF WARRANTIES

THE WEBSITE, ANY SERVICE PROVIDED BY US, ANY SPONSORED SWEEPSTAKES, AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY RESULTS OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOUR USE OF ANY CONTENT OR MATERIAL DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of implied warranties; if you are in such a jurisdiction, the above exclusion may not fully apply to you.

12. EXCLUSION OF LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ITS CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Both you and we acknowledge that the limitations of liability set out in this section form an essential basis of the bargain between us and shall survive and apply even if found to have failed their essential purpose.

13. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. Disputes are resolved by a neutral arbitrator, not a judge or jury. An arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS under the applicable JAMS Consumer Minimum Standards and Arbitration Rules then in effect, which are available at jamsadr.com. If JAMS is unavailable, the parties shall mutually select another arbitration forum.

Arbitration shall take place in Wyoming, or by telephone or video conference at your election. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

No claim may be arbitrated on a class action basis or in a purported representative capacity. The arbitrator may not consolidate more than one person’s claims and may not preside over any representative or class proceeding against us. This class action waiver is material and essential to this arbitration agreement and is non-severable from it. If the class action waiver is found unenforceable, the agreement to arbitrate shall be null and void as to that dispute.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

You may opt out of these dispute resolution provisions by providing written notice within thirty (30) days of the date you first register on the Website. The opt-out period for both the arbitration agreement and class action waiver begins on the same date: your first registration.

14. LINKS TO THIRD-PARTY WEBSITES

The Website, sweepstakes, Content, emails, or other transmissions may contain links to websites owned or operated by parties other than us. We provide such links for your convenience and are not responsible for the content, accuracy, privacy practices, or security of those websites. Linking to a third-party website does not constitute our endorsement of that site or any products or services available through it.

15. REVISIONS TO THE TERMS

We may revise these Terms of Use at any time. We will note changes by updating the Effective Date at the top of this page; no further notice will be provided. Your continued use of the Website after a revision is posted constitutes your acceptance of the updated Terms. All changes are forward-facing and take effect from the date of posting.

16. GENERAL PROVISIONS

These Terms of Use constitute the entire agreement between you and us regarding your use of the Website, and supersede all prior agreements on that subject, except that the applicable Official Sweepstakes Rules govern in the event of a conflict. We have the right to modify these Terms at any time, and such posting constitutes an amendment without further notice. Use of the Website after such posting constitutes your acceptance.

Delaware law governs the performance and interpretation of these Terms, without regard to conflicts of law principles. If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force. No failure by either party to exercise or enforce any right under these Terms will constitute a waiver of that right.

If you violate these Terms or otherwise create legal risk for us, we may suspend or terminate your access. You may close your account and terminate all services at any time by contacting us using the information in Section 18.

17. ELECTRONIC SIGNATURE

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, THE OFFICIAL SWEEPSTAKES RULES, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE AFTER ANY AMENDMENT TO THESE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION.

18. CONTACT INFORMATION

Hypersonic Media Inc.
9450 SW Gemini Dr #32520
Beaverton, OR 97008-7105
info@triviadraws.com

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