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Good Sam AR Game Terms And Conditions

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Posted on Mar 8, 2022 | 09:00am
THE GAME IS OPEN TO RESIDENTS OF THE UNITED STATES AND CANADA; 18 YEARS OR OLDER, OR WITH PERMISSION FROM PARENTS OR GUARDIAN. DATA CHARGES MAY APPLY TO PARTICIPATE IN THE PROGRAM.

THIS GAME IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY ANY SOCIAL MEDIA PLATFORM. FOR ENTERTAINMENT PURPOSES ONLY.

These Terms & Conditions (the “Terms”) apply to and govern your use of the Good Sam Alternate Reality Game (the “Game”) developed by G.L. Nemirow, Inc. (d/b/a Home Brew Agency) in conjunction with CBS Broadcasting Inc. (“CBS”), (collectively referred to as, the “Game Entities”). By downloading, accessing, using and/or playing the Game via mobile, website, application or other compatible device (collectively, the “Device”), you hereby accept and consent to these Terms of the Game, accessible at https://www.cbs.com/shows/good-sam/news/1010479/good-sam-ar-game-terms-and-conditions/; as well as to the CBS Terms of Use accessible at https://www.viacomcbs.legal/us/en/cbsi/terms-of-use and the CBS Privacy Policy accessible at https://www.viacomcbsprivacy.com/policy incorporated herein by reference. The Game is also subject to the Game instructions accessible on the Game pages (the “Game Site”), incorporated herein by reference. The Terms, the Game App instructions, the Privacy Policy, and the Terms of Use collectively, the "Policies." We may change these Terms and/or Policies in the future, so we encourage you to periodically review the Terms and Policies. If you do not agree with any changes to these Terms and/or Policies, your sole remedy is to cancel your account. If you continue to use the Game after we change these Terms and/or Policies, you accept all such changes.

PLEASE READ THE POLICIES CAREFULLY BEFORE DOWNLOADING, USING OR INSTALLING THE GAME APP ON YOUR DEVICE.

If you participate in the Game via wireless device (i.e. smart phone, tablet or other wireless device that allows you access to the internet); you may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier.

This Game is provided free of charge, subject to the terms herein. The Game App, including the Game are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.  You shall not remove or alter any copyright, trademark, or other legal notices marked on the Game.  As between you and, CBSi and CBS, CBSi and CBS will retain all right, title, and interest in and to the Game App, including the Game.  No transfer of ownership to any portion of the Game App, including the Game shall be made as a result of any access you are granted.  Except as specifically provided below, CBSi and CBS reserve all rights to the Game App, including the Game.

You are only permitted to access and view the Game App, including the Game, for personal, non-commercial purposes in accordance with these Terms and the Policies; and may not build a business or other enterprise utilizing any part of the Game App, including the Game, whether for profit or not. Except as expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive, reverse engineer, or otherwise copy any part of the Game App, including the Game; upload, sell, rent, lease, lend, broadcast, sub-license, transmit or otherwise disseminate, distribute, display or perform any part of the Game App, including the Game; license or sublicense any part of the Game App, including the Game; or in any way exploit any part of the Game App, including the Game.  In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying the Game App, including the Game; creating, distributing or advertising an index of any significant portion of the Game App, including the Game; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Game App, including the Game.

The Game & How to Participate: The Game is a web-based alternate reality game that allows the users to operate (by using a virtual scalpel) on a three-dimensional (“3D”) body dummy. The Game will be accessible via the URL cbsgoodsamgame.com (the “Game Link”). Once at the Game Link, users will be presented with a QR code the users must scan with their Device, to access the Game App and play the Game. Users will choose to play the Game either as Dr. Sam Griffith or Dr. Rob Griffith. Depending on the character chosen, the users shall hear encouraging or antagonizing sound bites (consistent with the characteristics of the character in CBS’ “Good Sam” TV series) while playing the Game. 

At the start of the Game users will be asked to situate the 3D dummy laying on the operating table. The 3D dummy’s skin shall be removed, showing the organs the users will be operating on. Individual images of the organs will be shown, alerting the users as to the organ they need to operate in the body of the 3D dummy.  The user’s phone will show a scalpel in the center of the camera, and the organ that needs to be selected first will be displayed at the top of the screen. The user will navigate the scalpel through the body by moving their phone screen up or down or left and right in space to touch the correct organ. When a user touches the correct organ with the scalpel on their screen, music will play. If the wrong organ is touched, then a sound effect will play. Once on the correct organ the user needs to tap on the phone to operate on such organ.

There is a time limit to operate on the organs. Users will be scored based on the accuracy and time it takes to operate on the organs. Each correct organ hit will accrue 20 points; each miss will subtract 5 points. There are bonus points awarded for selecting the organs in a timely manner, user will accrue 10 points for each second remaining in the Game timer once the organ(s) are extracted. As part of and to enhance your use and enjoyment of the Game, you will get a reward at the end of the Game in the form of a virtual alternate reality lens that varies depending on the user’s score. A high score will yield a virtual lens that dresses the user as the Chief of Surgery; a low score will dress the user as a first-year resident. These virtual lenses are features of the Game and have no cash or real-world value; they are not exchangeable or redeemable and can only be used in the Game.

In order to play the Game, you will need to give the Game App access to certain features of your device, for example access to the device camera is required.

Compatible Devices: To play the Game, user’s device must comply with the following requirements, as applicable:

iOS Device:
Safari (iOS 11+)
Apps that use SFSafariViewController web views (iOS 13+)
  1. Apple added getUserMedia() support to SFSafariViewController in iOS 13. 8th Wall works within iOS 13 apps that use SFSafariViewController web views.
  2. Examples: Twitter, Slack, Discord, Gmail, Hangouts, and more.
• Apps/Browsers that use WKWebView web views (iOS 14.3+)

Examples:
Chrome
Firefox
Microsoft Edge
Facebook
Facebook Messenger
Instagram
and more...

Android Device:
Browsers known to natively support the features required for WebAR:
• Chrome
• Firefox
• Samsung Internet
• Microsoft Edge

Apps using Web Views known to support the features required for WebAR:
• Twitter, WhatsApp, Slack, Gmail, Hangouts, Reddit, LinkedIn, and more.

Legal Disclaimers: 

IN NO EVENT WILL THE GAME ENTITIES, THEIR PARENT, SUBSIDIARY, LICENSEES, AND/OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE "ADMINISTRATORS"), BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF LOST, INCOMPLETE, LATE, DAMAGED, OR ONLINE COMMUNICATIONS; FAILURES OR MALFUNCTIONS OF PHONES (INCLUDING WIRELESS PHONES/HANDSETS); PHONE LINES OR TELEPHONE SYSTEMS OR OTHER COMMUNICATIONS MALFUNCTIONS; CELLULAR EQUIPMENT TOWERS, TELEPHONE SYSTEMS OR WIRELESS SERVICES; INTERRUPTED OR UNAVAILABLE NETWORK OR SERVERS; MISCOMMUNICATIONS, FAILED COMPUTER HARDWARE OR SOFTWARE OR OTHER TECHNICAL FAILURES; GARBLED, LOST, MISROUTED OR SCRAMBLED TRANSMISSIONS; ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN ANY TRANSMISSION OR COMMUNICATION; TRAFFIC CONGESTION OR FOR ANY OTHER TECHNICAL PROBLEM.

YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES. IF YOU ACCESS THE SERVICES VIA A WIRELESS DEVICE, YOU MAY BE CHARGED MESSAGE AND/OR DATA RATES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF YOUR SERVICE AGREEMENT WITH YOUR WIRELESS CARRIER. YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR POSSIBLE CHARGES RELATING TO YOUR USE OF THE SERVICES.

Administrators are not responsible for any injuries, loss, or damage of any kind to person, including death, and property arising in whole or in part, directly or indirectly, from participation in the Game. Game Entities are not responsible for any technical failures or malfunctions of the Game.

If for any reason the Game is not capable of being executed as planned, or if there is an infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures, or if any other causes beyond the control of Administrators corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Game. Furthermore, the Game Entities may temporarily or permanently disqualify from the Game any person they believe has violated these terms, terminate or suspend the Game at any point, if it appears that the Game has been distorted by hacking or other interference. Administrators and their respective agents, officers, directors, employees, subsidiaries and affiliates assume no responsibility for any injury or damage to participants or to any other person's computer or device relating to or resulting from entering or downloading materials or software in connection with the Game. Administrators are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, errors in any promotional or marketing materials, for any human or electronic error.

Caution: Any attempt by an individual to deliberately damage any online service or website, tamper with the Game, or otherwise undermine the legitimate operation of the Game is a violation of criminal and civil laws and should such an attempt be made, Administrators reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

Game Entities reserve the right to disqualify, block or remove any user from Game, found to have tampered or tried to tamper with the Game, or for any other reason, as determined by the Game Entities in their sole discretion. 

Administrators are not responsible for any damages to users' device(s) that may occur from use of service. 

THE GAME ENTITIES DO NOT WARRANT: (1) THAT THE GAME, ANY OF THE GAME’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE GAME OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE GAME OR INFORMATION AVAILABLE THROUGH THE GAME WILL CONTINUE TO BE AVAILABLE.  THE GAME ENTITIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES.  THE GAME ENTITIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT.  THE GAME, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE GAME, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE GAME (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR OWN DISCRETION AND RISK. IF YOU ARE DISSATISFIED WITH THE GAME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAME.

THE GAME ENTITIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

THE GAME ENTITIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE GAME (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE GAME (INCLUDING ITS FUNCTIONS AND CONTENT), OR THESE TERMS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE GAME ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT).  IN NO EVENT WILL THE GAME ENTITIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT OF ONE DOLLAR ($1.00).

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE GAME ENTITIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE GAME OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GAME ENTITIES.

You will defend, indemnify and hold harmless the Game Entities, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Game (including, without limitation use of your account, whether or not authorized by you).  The Game Entities retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim.  You may not settle any claim covered by this Section without the Game Entities’ prior written approval.

These Terms and all claims as between you and us arising from or related to your use of the Game App, including the Game, will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules.  These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

Any claims in connection with the Game App and/or the Game are subject to arbitration (as set forth in the Policies and incorporated herein by reference). With respect to any disputes or claims not subject to arbitration (as set forth in the Policies and incorporated herein by reference), you agree to jurisdiction in the state and federal courts in San Francisco, California.  Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.