Date Last Modified: September 8, 2021

Thank you for reviewing these Terms and Conditions of Use (the “Terms of Use,” “Terms,” or “Agreement”). Square Action Holdings LLC (“Square Action,” “We,” “Us,” or “Our”) makes SquareAction.com (“Website”), its mobile application (“App”), and any other services (collectively the “Square Action Service”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement. This Agreement spells out what Users can expect from Square Action and what Square Action expects from its Users

The Square Action Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference. The Square Action Privacy Policy explains how Square Action collects and protects information about Users who use the Square Action Service and can be viewed at SquareAction.com

Please read this Agreement carefully before creating a Square Action account (“Account”), downloading the App, using the Website, or participating in any Square Action Service. Any questions regarding the Terms or the Privacy Policy should be directed to play@squareaction.com

LEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SQUARE ACTION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1.ACCEPTANCE OF TERMS

By creating a Square Action Account, downloading the App, using the Website, or participating in any Square Action Service, including, without limitation, participating in its free-to-play or paid entry contests or tournaments (each a “Contest”), Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, rules and scoring systems for each Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. Square Action may also issue additional terms, rules and conditions of participation in particular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use the Square Action Service. By decliningto accept these Terms, the User will be unable to create an Account or participate in the Square Action Service.

Square Action reserves the right to change these Terms at any time without prior notice to Users. If Square Action modifies these Terms, Square Action will update the “Date Last Modified” and such changes will be effective upon posting. If Square Action makes what it determines to be material changes to these Terms, Square Action will notify Users by prominently posting a notice on the Website and/or App or by sending a notice to the e-mail addresses on file. Users’ continued use of the Square Action Service following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the Square Action Service. If Users breach any of the Terms, their authorization to use the Square Action Service automatically terminates..

2.ELIGIBILITY

To be eligible to create an Account and become a registered User, participate in contests, or win prizes offered by Square Action , You must, at the time of registration: (i) be at least eighteen (18) years of age at time of account registration (or you must be at least nineteen (19) years of age if you are a legal resident of Alabama or Nebraska); (ii) be physically located in any of the fifty (50) states and Washington, DC, (the “Jurisdiction”), excluding Nevada and Washington (the“Excluded States”), in which participation in the Service and the Contests offered thereon is unrestricted by law; and (iii) at all times abide by these Terms. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Square Action Service. Legal residents of the Excluded States are eligible to open and maintain accounts on Square Action for use only in contests that do not require paid entry. Access to the Square Action Service and the Contests offered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

To be eligible to enter any contest or receive any prize, the Registered User may be required to provide Square Action with additional documentation and/or information to verify the identity of the Registered User, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a Registered User, Square Action will, in its sole and absolute discretion,utilize certain information collected by Square Action to assist in verifying the identity and/or eligibility of such Registered User.

Square Action makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Square Action Service or that the Contests provided through Our Service are appropriate or available for use in the Jurisdiction in which You are located, nor shall any person affiliated, or claiming affiliation, withSquare Action have authority to make any such representations or warranties. We do not intend for the Square Action Service or any offerings made available there on to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Square Action Service does not constitute an offer, solicitation or invitation by Us for the use of the SquareAction Service in any Jurisdiction in which such activities are prohibited or restricted.If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Contests made available in the Square Action Service while located in a Jurisdiction that prohibits such activities, You will be in violation of the law of such Jurisdiction and theseTerms, and subject to having Your Account suspended or terminated.

These Terms prohibit entering a Contest if the entrant is:

1. Except as otherwise stated in the Eligibility section above, Employees,officers, directors, investors, agents, and representatives of Square Action or any of its parents, subsidiaries or affiliates, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes.

Square Action consultants or promoters of the Square Action Service may play in the Contests without such limitation, but only if (i) their arrangement withSquare Action does not permit them to have any access to non-public SquareAction Service data or any other data not made available to all Users on the SquareAction Service that may impact contest outcome and (ii) they do not receive any other unfair advantages in their play in the ContestSQUARE ACTION RESERVES THE RIGHT TO DENY ACCESS TO THE SQUARE ACTION SERVICE TO ANYONE AT OUR SOLE DISCRETION.

In addition, improper conduct includes, but is not limited to:

1. Falsifying personal information required to enter a Contest or claim a prize;
2. Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
3. Colluding with any other individual(s) or engaging in any type of syndicate play;
4. Any violation of Contest rules or the Terms of Use;
5. Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in anyContest;
6. Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);
7. Using automated means (including but not limited to harvesting bots,robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;
8. Any type of bonus abuse or other offers or promotions;
9. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
10. Obtaining other entrants information and spamming other entrants; orAbusing the Website in any way.

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Square Action from pursuing criminal or civil proceedings in connection with such conduct.

By accessing or using the Square Action Service, You represent and warrant thatYou are at least eighteen (18) years of age (or 19 years of age in the states ofAlabama and Nebraska), have the right, authority and capacity to enter into thisAgreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Square Action Service. If You do not meet the eligibility requirements of this section, then You are not authorized to use the Square Action Service. Square Action reserves the right to verify Your age, identity and eligibility at any time. This includes requesting that You provide proof of identity documentation such as drivers license, passport or birth certificate. Any failure to cooperate with Square Action in this respect may result in the suspension and/or termination of Your Account. To the extent Square Action requests proof of identity and You fail to do so within seven (7) days, or Square Action otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Square Action may have in law or equity, Square Action reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, Square Action will pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined bySquare Action in its sole discretion.

By inputting a payment method to participate in real money contests, the registered User hereby affirms that the registered User is the lawful owner of the payment method account used to make any deposit(s). It shall be a violation of these Terms of Use for any registered User to submit payment using any payment method that is not owned by the registered User.

3.USER ACCOUNTS

1. Registration Information

To create an Account, go to the Website or download the App and complete the registration form or register. To create an Account, You will be required to (i)submit Your age, and (ii) select a unique username and a password (collectively, the“Identifiers”). The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Square Action receives information that a username is illegal or in breach of these Terms, the username can be amended by Square Action without prior notice. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e., “2345678”) or letters (i.e., “ABCDEFG”).More specifically, a secure password should contain a combination of numbers,letters and, when possible, special characters. A User’s password should be kept secret and periodically changed. Square Action will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.

You agree to (i) provide true, accurate, current and complete information about Yourself (the “Registration Data”) and (ii) maintain and promptly update theRegistration Data to keep it true, accurate, current and complete. You may modifyYour Registration Data by logging into Your Account and making such changes. For further assistance, please contact customer service at play@squareaction.comAnyinformation collected by Square Action will be held subject to Square Action ’sPrivacy Policy, available at www.squareaction.com and “just-in-time” notices, if any,provided at the point of information collection or use. If You provide any information that is untrue, inaccurate, not current or incomplete, or Square Action has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Square Action reserves the right to suspend or terminateYour Account immediately and refuse any and all current or future use of theSquare Action Service (or any portion thereof).

If You are given the option to register through Your social media account, You will be asked to login using Your social media account credentials. Creating anAccount for the first time will then prompt You to connect Your Square Action and social media accounts. By creating a Square Action Account via Your account with asocial media account, You are allowing Square Action to access Your social media account information. If You access the Square Action Service from a social media account, You shall comply with the terms of service of the social media account as well as these Terms.

1. Secrecy Obligation

You agree to keep Your Identifiers secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to,use of the Account by any person who uses Your Identifiers, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Square Action by sending ane-mail to squareaction.com whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided,at the sole discretion of Square Action. Without limiting the foregoing, any transactions made and accepted within the Square Action app where YourIdentifiers have been used (and where You have not previously notified SquareAction as provided herein) will be treated as valid.

1. One Account

Only one (1) Account is allowed per person. In the event that Square Action determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that Square Action may have, Square Action has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Square Action, and withhold or revoke the awarding of any prizes.

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission,you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

1. No Transfer

Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitation, any person under the age of eighteen (18), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Square Action Service and for any use of Your Account by any other person or third-party in connection withYour Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all rewards in their Account. Square Action will not be liable for any loss that You may incur as a result of someone else usingYour Account, either with or without Your knowledge, unless You have previously notified Square Action as provided herein that Your Identifiers are no longer secure and confidential. In the absence of prior notification to Square Action that YourIdentifiers are no longer secure and confidential, You will be liable for losses incurred due to someone else using Your Account.

1. Equipment Obligation

You must provide all equipment and software necessary to connect to theWebsite and/or App, including, but not limited to, a computer or Mobile Device(defined below) that is suitable to connect with and use the Website and/or App. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Website and/or App.

1. Right To Terminate

Users may cancel their Account and terminate their right to use the SquareAction Service at any time by following the Account cancellation instructions within the Square Action Service or by contacting play@squareaction.com. If Users cancel their Account, Square Action reserves the right to collect fees, surcharges, or costs incurred before cancelling the Account. Square Action may suspend or terminateAccounts, confiscate any Account balances in accordance with applicable law,refuse any and all current or future use of the Square Action Service (and access to all related entitlements), and/or terminate Users’ limited license to the SquareAction App at any time, without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Square Action Service. Square Action also reserves the right to suspend or terminate Accounts that have been inactive for one hundred eighty (180) days or longer. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account or anything associated with it. Users can lose their username and persona in the Square ActionService as a result of Account termination or cancellation. If Your Account is suspended or terminated by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction(s) and winnings may be voided. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms. If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on YourAccount as part of the suspension or termination, and You should communicate with Square Action regarding restoration of Your Account only via email.

1. Inactive Accounts

An inactive account is an account, having a real money balance, that has not been accessed for an uninterrupted period of 12 months

If Your Account becomes inactive and we are unable to reach you, we, if required, in accordance with the applicable law (depending on where you are resident), shall take appropriate action which may require the transfer of your remaining balance to the relevant regulatory body.

4.CONTESTS

1. Contests

There are a number of Contests made available on the Square Action Service in which You participate for the chance to win prizes. We reserve the right to modify or cancel contest(s) at any time without notice to You.

Contest rules and scoring may differ from contest to contest. Each of OurContests are governed by specific rules, as may be modified from time to time,which are set forth in the official rules (squareaction.com/officialrules) and are incorporated into these Terms by this reference. You have the responsibility to review the rules prior to participating in any Contest, and to review the rules for any changes. You agree to abide by the then-current rules for the Contest(s) in whichYou participate. Your failure to follow the then-current rules for the Contest(s) in which You participate will result in Your immediate and automatic forfeiture of theContest(s), and We reserve the right to immediately suspend or terminate Your access to the Square Action Service.

Winners are determined by the objective criteria described in the Contest deadline, Rules, scoring, and any other applicable documentation associated with the Contest. The Website and Contests may not be used for any form of illicit gambling.

1. Contests

All Contests offered on the Square Action Service are either free-to-play (i.e., no monetary entry fee will be charged) or a paid entry real money contest. In the event of a dispute regarding the identity of the person submitting an entry into aContest, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her Jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration with the Square Action Service. By inputting a payment method to participate in real money contests, the AuthorizedAccount Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s). It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

1. Cheating

Square Action endeavors to host fair Contests and exercises reasonable efforts to create a level playing field and to detect and prevent cheating.Notwithstanding such efforts, there will be Users who attempt to cheat and SquareAction does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Contests at their own risk. Square Action reserves the right to terminate a User’s Account and ban such individual from future participation in the Contests without notice,forfeiture of winnings, and take any other actions in accordance with applicable state and federal laws if Square Action suspects that a User is violating theseTerms, including, without limitation, committing any of the following actions:

1. 1.Using or attempting to use automated tools, script software, bots, or other unauthorized software, hardware, or modifications to simulate aUser or otherwise obtain an advantage over other Users;
2. 2.Exploiting vulnerabilities or glitches in the Contests;
3. 3.Directly or indirectly disabling, circumventing, or otherwise interfering with the operation of software designed to detect or prevent cheating; or
4. 4.Colluding with a User who is using unauthorized software, hardware, or modifications to obtain an advantage over other Users.

The foregoing actions shall constitute a material breach of these Terms for which offending Users will be liable to Square Action for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.

1. Results and Winners

The results and winners of each Contest will be determined by Us at Our sole discretion and such determinations are final. Winners will be notified by e-mail or other means of communication available including in-app messages once the final results of a given Contest are determined, although We reserve the right to make adjustments based on errors or irregularities in statistical data or scoring in Our calculation of results. For example, We may change the official results, stats, etc. of events that have already occurred and have been posted to Your Account (or have affected Your score, progress, status, etc.) at Our sole discretion. We also may make adjustments in the event of noncompliance with the Terms. Any decision bySquare Action as to the winner(s) of a Contest shall stand as a final and binding decision. Square Action has no obligation to delay the awarding of a prize in anticipation of any adjustment, but We reserve the right to reverse prizes in the event of any adjustment. By registering an Account and/or participating in anyContest, You unconditionally agree that Square Action shall serve as the sole judge and arbiter as to the determination of a winner(s) in all Contests in the event a dispute arises and agree to cooperate with Our efforts to reverse prizing, as necessary.

Square Action reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in any contests for any reason whatsoever.Further, Square Action may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive,illegal, or unfair activity.

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

Square Action, 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 Square Action 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 Square Action 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 Square Action corrupts or affects the administration, security, fairness, integrity or proper conduct of theService), Square Action 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.

The failure of Square Action to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Square Action (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

1. Contest Prizes

Contest prizes may be offered in the form of “real” world items, including,without limitation, cash, gift cards, or physical goods. See the official rules for eachContest for complete prize details and restrictions.

No substitution or transfer of any prize is permitted except at Square Action’s sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Square Action. If any legal authority challenges the award and/or Your receipt of a prize for winning a Contest,We reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.

Any prizes that are mistakenly credited as winnings to Your User Account remain Our property and will automatically be deducted from Your User Account upon confirmation of the error. Any winnings mistakenly credited to Your UserAccount that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings

Prizes will only be awarded if a Contest is run. We reserve the right to cancelContests at any time for any reason. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

Guaranteed prizes may be offered in connection with some of the Contests.Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.

1. Affidavit of Eligibility/Taxes

In order to receive a Prize, Users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, the “Affidavit”) and/or appropriate tax forms within seven (7) days of notification. By participating in the Contest within theService, You agree to receive via e-mail or U.S. Mail and return an executedAffidavit and/or appropriate tax forms, as applicable, and You agree that if such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not incompliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion.

By participating in the Contests within the Service, You agree that all tax liability relating to Your receipt of a prize are the sole responsibility of You. It is the policy of Square Action, in compliance with United States Internal Revenue Service(IRS) regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 USD on the Service in any given year. If You have thus won a cumulative net profit of $600 USD or more in a calendar year, You will be contacted by Square Action and required to submit Your residential address and taxID number (social security number). If You have a cumulative net profit of $600 USDor more in a calendar year, You will be prevented from redeeming until this requested information is received by Square Action.

You, not Square Action, are responsible for filing and paying applicable state and federal taxes on any winnings. Square Action does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

By participating in the Contests within the Service, You agree that if You are contacted by Square Action, You will immediately provide Your residential address and tax identification number (i.e., social security number) as Square Action will need these details in order to file a IRS Form 1099. Square Action reserves its right to request any other information from You necessary for Square Action to submit aIRS Form 1099 to the IRS. Depending on the Jurisdiction in which You reside, theService may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your Jurisdiction of residence. Square Action will attempt to contact the prize-winning User through e-mail and U.S. Mail to obtain the necessary information.

However, if Square Action fails to contact the prize winner and obtain the required information after one (1) year, the prize winner forfeits the funds to Square Action

Square Action warrants and represents that all personal information, including, but not limited to Your social security number, will be maintained in confidence and used solely for the purposes of submitting the 1099-MISC form to the IRS. Please see Square Action’s Privacy Policy at www.squareaction.com for more information relating to how Your personal identifiable information will be maintained.

1. Deposits and Withdrawals Generally

By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth and phone number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.

We also may conduct checks for compliance with these Terms, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.

Deposits, and player winnings after contests are finished, are held in a separate, segregated account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Square Action may not use them to cover its operating expenses or for other purposes.

Square Action may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.

In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus or other requirements as may be specified for each promotion.

5.Methods of Entry

NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Users can enter a Contest via a free entry or a paid entry.

A player can play free alongside a paying player through two methods: Play with free points that are earned (there are multiple ways to earn) and used to enter the game, or, send a mailer to enter and play a game for free. Users can earn free points (which can be used to enter a game) in any of the following ways:

1. Free points are awarded as a bonus with the purchase of chips 2. Players can claim 1 free point per day per unique user from the mobile application (no purchase necessary) 3. Via marketing promotions 4. Awarded through referrals that result in a signup 5. Awarded when one posts a picture of their prize and posts to social media 6. Earned for winning certain games (e.g. players can accrue free points by winning free points games and thereby earning additional free points) 7. Via On-the-Spot Points (for customer service issues, reviews, etc.)

Once a user has 2500 free points, they can enter a real-money game by using their free points for the entry fee (a larger amount of free points would allow entry into Contests with larger entry fees). Users can earn a free entry to a game as follows: Users can submit one free play entry per game in accordance with the instructions below. First, users must sign up in advance on SquareAction.com and fully complete the customer profile section. The free play entries must be submitted as follows:

- The writing must be on a 8.5x11 sheet of paper, which is folded and placed into a letter sized postmarked envelope - The sheet of paper must list the following information: full legal name,full address (which must match the address used on the Square Action account because it is used to verify user, and cell phone (which must also match the cell phone on file), the SquareAction.com Username,and, the Contest that the person wishes to enter - All writing must be legible and in ink - Upon receipt of valid entry, user will be sent an email confirmation and Square Action will randomly select a square for the user in a real money Contest

All entries must be received 48 hours prior to the start of the game. If an entry is received less than 48 hours (but no more 24 hours after the game), then the person will be automatically entered into a game of equal value for the following week.

Chips can be purchased in pre-determined packs (e.g. 20 chips, 60 chips, etc.) and converted into dollars. Once chip equals 50 cents. Once a user has an amount of chips equal to the entry fee for a Contest, then they can enter the Contest.

6. REDEMPTION FROM YOUR ACCOUNT

You may request a Withdrawal from Your available balance in Your Account at any time via one of the withdrawal options as provided by Square Action. All withdrawals will be denominated in U.S. dollars unless otherwise expressly stated.To withdraw You must provide Your first and last name, address, e-mail address and payment account information. Square Action, at its sole discretion, may request additional information to ascertain the validity of a redemption request andYour identity. Withdrawal payments will not be made until such information is received; if We have not received the information within ten (10) days, the redemption request will be cancelled and the Account in question may be suspended.

The processing of requested redemptions back to Your account may take upto five (5) business days; provided, however, Square Action reserves the right to freeze Your Account and/or delay a request for redemption pending completion of any investigation of reported or suspected abuse by a User requesting redemption,and/or compliance with all applicable Federal and State laws and regulations including but not limited to the Bank Secrecy Act, the Patriot Act and IRSregulations. If You do not receive Your redemption within five (5) business days,please contact customer support at play@squareaction.com

Withdrawal requests by check are processed within 14 business days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a Square Action account unless appropriate terms of the promotion

are achieved first by the user.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Square Action reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that Square Action reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind,express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Any withdrawal requests, after approved by Square Action, will be credited back to the same credit card or method of payment used to deposit funds. Square Action will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).

8.LIMITED LICENSE TO THE SQUARE ACTION APP

1. License Grant

Subject to the terms and conditions of this Agreement, Square Action grantsUsers a limited, non-exclusive and non-transferable license to (i) download, install and use the Square Action App solely in connection with the Square Action Service on a mobile device owned or otherwise controlled by Users (“Mobile Device”)strictly in accordance with this Agreement and (ii) access and use the Square ActionService made available in or otherwise accessible through the Square Action App strictly in accordance with this Agreement.

1. License Restrictions

Users acknowledge and agree that they shall not:

-Copy the Square Action App, except as expressly permitted by this license; Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Square Action App; -Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the SquareAction App or any part thereof;oRemove, delete, alter or obscure any trademarks or any copyright,trademark, patent or other intellectual property or proprietary rights notices from the Square Action App, including any copy thereof; -Rent, lease, lend, sell, sublicense, assign, distribute, publish, transferor otherwise make available the Square Action App or any features or functionality of the Square Action App, to any third-party for any reason, including by making the Square Action App available on a network where it is capable of being accessed by more than one (1)Mobile Device at any time; -Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Square Action App; or - Use the Square Action App in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.

1. Reservation of Rights

Users further acknowledge and agree that the Square Action App is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the Square Action App under this Agreement, or any other rights thereto other than to use the Square Action App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Square Action and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Square Action App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to Users in this Agreement.

1. Inactive Accounts

The Square Action App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. Users shall not,directly or indirectly, export, re-export or release the Square Action App to, or make the Square Action App accessible from, any jurisdiction or country to which export,re-export or release is prohibited by law, rule or regulation. Users shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or other wisemaking the Square Action App available outside of the United States.

9.OTHER INTELLECTUAL PROPERTY RIGHTS

1. Copyright Information and Personal & Non-Commercial Use Limitation

LimitationContent within the Square Action Service, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Square Action and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Square Action does not claim ownership of intellectual property owned by third parties.

Except as expressly permitted by this Agreement, Users must not reproduce,distribute, modify, create derivative works of, publicly display, publicly perform,republish, download, store or transmit any material available through the SquareAction Service. In addition, Users must not:

1. Modify copies of any materials available through the Square ActionService;
2. Reprint or electronically reproduce any content available through theSquare Action Service, in whole or in part;
3. Provide copyrighted or other proprietary content to Square Action or make such content available through the Square Action Service without permission from the owner of such material or rights;
4. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Square ActionService; or
5. Access or use for any commercial purposes any part of or materials available through the Square Action Service.

Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Square Action Service in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Square Action Service, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property.Users agree to indemnify and hold Square Action harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the SquareAction Service.

1. Trademarks

Square Action owns has/may register trademarks for its many goods and services, including, without limitation, the associated graphics, logos and service marks and they may not be used without prior written consent of Square Action . All other trademarks, product names, and company names and logos appearing within the Square Action Service are the property of their respective owners.

1. Rights of Publicity

By participating in the Square Action Service, You agree to the use by SquareAction of Your username, statements, biographical information, and city and state address for advertising and promotional purposes of the Square Action Service,including, without limitation, the Square Action Contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law. Square Action reserves the right to make public statements about the entrants and winner(s), on the Internet, in promotional materials or otherwise,prior to, during, or following a Contest. You agree that We may announce any winner’s name on the Square Action Service at any time in connection with the marketing and promotion of Square Action.

1. Ideas and Inventions

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”)disclosed, submitted, or offered to Square Action in connection with Your use of theSquare Action Service shall be the exclusive property of Square Action . You agree that unless otherwise prohibited by law Square Action may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.

11. CONDUCT ON SERVICE

Users agree not to use the Square Action Service for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:

1. Engage in any illegal activity, including gambling, or the planning of any illegal activity;
2. Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene,pornographic or otherwise violates the law or the rights of Square Action,its Users, or any third-party;
3. Threaten, harass, abuse, or otherwise intimidate any User(s);
4. Send or cause to be generated any unwanted e-mail to any User(s);
5. Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with theSquare Action Service;
6. Employ any automated means, including, without limitation, bots,scrapers, or spiders to access or participate in the Square Action Service for any purpose;
7. Using any artificial means to alter a User’s position in the Contests;
8. Improperly using support or complaint features of the Square ActionService or making false reports to Square Action ;
9. Use the Square Action Service for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
10. Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
11. Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
12. Creating more than one (1) Account;
13. Selling or transferring an Account or any attributes related thereto; or
14. Engaging in any other activity deemed by Square Action to be in conflict with the spirit or intent of this Agreement.
15. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password,account, or private information from any Square Action user;
16. create or submit unwanted email (“Spam”) to any other Square Action users;
17. submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
18. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
19. use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access)without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
20. use artificial means, including creating multiple user accounts, to inflate your position and standing with the Square Action leader boards and community; use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
21. advertise to, or solicit, any user to buy or sell any products or Service,or use any information obtained from the Service in order to contact,advertise to, solicit, or sell to users without their prior explicit consent;
22. sell or otherwise transfer your profile;