Terms & Conditions

SWEEPIUM TERMS & CONDITIONS

Greetings!

SWPMTECH LTD, registered under the laws of the Republic of Cyprus, registration number ΗΕ 470378, registered address: Franklinou Rousvelt, 170 LIMASSOL CHAMBER, 2nd floor Omonoia, 3048, Limassol, Cyprus, together with the Company’s Parties (collectively referred to as the “Company,” “we,” “us,” or “our”), provides access to the Platform solely to natural persons (collectively referred to as “Users,” “you,” or “your”).

By creating an Account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms & Conditions (“Agreement”). We encourage you to review this Agreement carefully before participating in any Games offered through the Platform.

If you do not agree with any part of this Agreement, you are prohibited from accessing or using the Platform and must cease any use immediately.

Please note:

  • The Platform and Games provide only social gaming and entertainment. They do not involve gambling, investments, or any opportunity for financial gain.
  • Purchasing Gold Coins does not extend gameplay time or alter the mechanics of the Games. Gold Coins have no monetary value and cannot be redeemed for cash.
  • THIS AGREEMENT INCLUDES A PROVISION (SEE ARBITRATION CLAUSE) REQUIRING INDIVIDUAL BINDING ARBITRATION AND WAIVING ANY RIGHT TO CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE CLAIMS UNLESS YOU OPT-OUT WITHIN THE SPECIFIED TIMEFRAME.
  • The Platform may only be accessed by eligible Users located in permitted jurisdictions, and never from Prohibited Jurisdictions.

DEFINITIONS

  • Account: means a personal account registered by a User on the Platform, which provides access to the Platform and its services, subject to this Agreement.
  • Affiliates: means, with respect to the Company, any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.
  • Company's Parties: means the Company, its Affiliates, and their respective directors, officers, employees, contractors, representatives, and agents.
  • Entertainment Mode: means the mode of play on the Platform in which Users participate in Games using only Gold Coins, strictly for entertainment purposes, without the possibility of winning cash prizes or any items of monetary value.
  • Games: means casino-styled games made available on the Platform, all of which are provided by the Third-Party Providers.
  • Gold Coins: means virtual tokens made available for Entertainment Mode on the Platform, which have no monetary value, are not redeemable for cash, and cannot be transferred inside or outside the Platform.
  • Platform: means the Company website platform available at luckystars.com, including all subdomains, subpages and successor sites. Unless otherwise explicitly stated, reference to the Platform always includes all functionality available within the Platform, explicitly including the Games. Use of the Platform implies any interaction with the Platform’s functionality, including creating an Account and playing Games.
  • Platform Content: means any content used, displayed, or made available on the Platform, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, designs, computer code, and other materials.
  • Prohibited Jurisdictions: means any jurisdictions outside of the mainland United States, as well as the following states and territories within the United States: Connecticut, Delaware, Idaho, Michigan, Mississippi, Montana, Nevada, New Jersey, New York, Washington, West Virginia, Washington, D.C., and Louisiana.
  • User-Generated Content: means any content, including text, images, videos, or other materials, uploaded, submitted, or otherwise made available by Users on or through the Platform.
  • Third-Party Providers: means independent service providers, including, without limitation, Game providers, payment processors, hosting services, analytics providers, and other technical, commercial, or professional partners, which are engaged by the Company to support the operation of the Platform. Third-Party Providers are not Affiliates of the Company.
  • Force Majeure: means to any event or circumstance beyond the reasonable control of the Company that prevents or delays the performance of its obligations under this Agreement. Such events may include, but are not limited to, acts of God, natural disasters, fires, floods, earthquakes, wars, terrorism, riots, strikes, labor disputes, government actions, pandemics, epidemics, cyber-attacks, disruptions to telecommunication networks, and any other unforeseeable events.

GENERAL PROVISIONS

Subject: The Platform provides all necessary features for social gaming, including access to Games in Entertainment Mode and interaction with Platform Content. The Platform is designed to create a virtual environment for entertainment and social interaction among Users.

Gameplay: Rules and operation of Games available on the Platform:

  • Game Rules: Each Game offered on the Platform has its own rules. It is the User’s sole responsibility to read, understand, and comply with the applicable rules of each Game before participation.
  • Access to Games: Access provided solely in Entertainment Mode and requires the use of Gold Coins.
  • Gold Coins Balance: Gold Coins used for gameplay will be immediately deducted from the User’s Account balance. Once a play has been made, it cannot be reversed, cancelled, or refunded.
  • Game Modification: Company reserves the right to modify, suspend, or discontinue any Game, including game mechanics, features, or availability, at any time, at its sole discretion and without prior notice.

Customer Support: Users are entitled to contact the Company’s customer support service for assistance with issues related to the use of the Platform. Customer support operates only during the hours specified on the Platform, and any requests submitted outside those hours will be processed in due course once operations resume. Communications with the Support Service are intended solely for general assistance and operational matters and do not constitute legal notices, claims, or other legally binding communications to the Company unless expressly confirmed in writing by the Company. The Company may monitor, record, or retain support communications for quality assurance and compliance purposes.

Advertising on the Platform: The Company reserves the right to display advertising materials, including third-party advertisements, within the Platform. The User acknowledges and agrees that such advertisements may appear during their use of the Platform.

Notifications: The Company may deliver notifications to the User by email, in-app messaging, or other communication channels. Commercial notifications are sent to inform Users of promotions, special offers, or new features of the Platform. Such commercial notifications will be sent in accordance with our Privacy Policy. Technical notifications are sent in relation to security issues, changes to policies or terms, updates to the Platform, or other mandatory service-related matters.

Subcontractors: The Company may engage subcontractors, service providers, or other third parties, including Third-Party Providers, to provide and operate the Platform. The use of subcontractors does not limit or reduce the Company’s responsibility under this Agreement.

Additional Terms & Conditions: In addition to this Agreement, specific features or services offered on the Platform may be subject to additional terms and conditions. Such additional terms include, without limitation, the Privacy Policy, the Sweepstakes Rules, and the Social Responsible Play Policy. These documents are incorporated by reference into this Agreement, and in the event of a conflict, such additional terms shall prevail solely with respect to the subject matter of the respective additional terms and conditions and use of the applicable feature or service.

ELIGIBILITY

Eligibility Requirements:To access and use the Platform, you represent, warrant, and agree that you meet the following requirements:

  • Jurisdiction: Access to or use of the Platform is strictly prohibited from any Prohibited Jurisdictions. Residence in any other jurisdiction while maintaining a billing address, mailing address, or other registered address in a Prohibited Jurisdiction is not permitted. The use of VPNs, proxy servers, location-masking technologies, or any other methods to circumvent jurisdictional restrictions is strictly prohibited.
  • Natural Person: Access to and use of the Platform is permitted only to natural persons acting in their personal capacity. Legal entities, organizations, and other forms of collective bodies are not eligible to access or use the Platform.
  • Age of Majority: The individual must have reached at least eighteen (18) years of age, or the legal age of majority in the jurisdiction of residence, whichever is higher.
  • Legal Capacity: The individual must possess the legal capacity to enter into binding contractual relationships and to make independent decisions regarding the use of the Platform and participation in social gaming activities.
  • Compliance with Law: Use of the Platform must comply with all applicable laws and regulations, including, without limitation, anti-money laundering (AML), counter-terrorist financing (CTF), and know-your-customer (KYC) requirements.
  • Information Requests: You agree to provide, upon the Company’s request, documentation or information necessary to verify your eligibility, compliance with this Agreement, or compliance with applicable laws. Failure to provide such information may result in restriction or termination of your access to the Platform.
  • Prohibition for Company's Parties: Company’s Parties are strictly prohibited from using the Platform for their own personal purposes, unless expressly authorized in writing by the Company.

ACCOUNT

  • Account Requirements: To access certain features of the Platform, creation of an Account may be required. By registering an Account, the User represents, warrants, and agrees to comply with the requirements of this Agreement, including the Eligibility section. The Company reserves the right not to create an Account with or without a reason at its sole discretion.
  • Registration Information: To create an Account, the User must provide accurate and complete information requested within the Platform interface, such as full name, date of birth, residential address, email address, and phone number. The Company reserves the right to any information it deems necessary in order to verify the User’s identity.
  • KYC at Registration: When requested by the Company, such as before or following the registration process, the User must undergo a KYC (Know Your Customer) check. The Company may request the submission of identity documents, proof of residence, and other information the Company deems necessary. Certain Platform functionality may only be granted upon successful completion of the KYC process, subject to the Company’s satisfaction.
  • Accuracy of Information: All information provided during registration and throughout the use of the Account must be true, accurate, current, and complete. The Company may request supporting documentation at any time to verify such information.
  • Single Account: Each User may maintain only one Account at any given time. Creation or use of multiple Accounts by the same individual is strictly prohibited. Accounts are personal and non-transferable, and may not be assigned, sold, or shared with any other person. In addition, no more than one Account may be created or accessed from the same device or IP address without the Provider’s prior written consent.
  • Security of Credentials: The User is responsible for maintaining the confidentiality of login credentials associated with the Account and for all activities conducted through the Account. Any unauthorized use or breach of security must be reported immediately through the Contact Section below.
  • Account Closure: The User may request to close their Account by contacting the Company’s customer support through the form available on the Platform. Following such request, the Account will be suspended for a period specified in the applicable rules published on the Platform or communicated by customer support, during which the User may revoke the closure request. If the request is not revoked within this period, access to the Account will be permanently disabled. The Company may retain certain User data as required to comply with applicable laws or this Agreement.
  • Suspension and Termination: The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate an Account at any time, with or without cause, and with or without prior notice. Without limiting the generality of the foregoing, such action may be taken in the event of (i) suspected or actual breach of this Agreement, (ii) fraudulent, abusive, or unlawful activity, (iii) use of unauthorized automated systems (including bots or scripts), or (iv) other conduct deemed harmful to the Platform, its Users, or the Company’s Parties. Upon termination of your Account for any reason, this Agreement shall automatically terminate.
  • Inactive Accounts: If there is no log-in activity on an Account for a consecutive period of 12 months (or such other period as may be specified in the rules published on the Platform), the Company may designate the Account as inactive. In such cases, the Company may suspend or close the Account after providing prior notice to the User.

FEES & PAYMENTS

  • Gold Coins Purchase: Users may purchase Gold Coins through the Platform. The applicable prices are displayed at the point of purchase and may vary depending on jurisdiction, payment method, currency, exchange rate, promotional campaigns, or other variables determined by the Company at its sole discretion. The Company reserves the right to adjust prices, pricing structures, as well as any other parameters of the Gold Coins sale at its discretion. Purchasing additional Gold Coins does not extend gameplay time or alter Game mechanics, it only enables further participation in available Games.
  • Payment Methods: Purchases may be made in supported fiat currencies or crypto assets and are processed exclusively through independent Third-Party Providers. The Company does not control, and shall not be liable for, any fees, surcharges, delays, or technical issues caused by such Third-Party Providers. The availability of specific payment methods depends on the User’s jurisdiction and may change without notice.
  • Alternative Allocations: Gold Coins may also be granted free of charge, including through promotional campaigns, bonuses, or other mechanisms. All such allocations are discretionary, non-transferable, may be introduced, modified, suspended, or terminated by the Company at any time at its sole discretion.
  • Refunds and Chargebacks: All purchases of Gold Coins are final and non-refundable, except as expressly required under applicable laws. Before initiating any chargeback, reversal, or dispute with a payment provider, the User must first notify the Company and provide an opportunity to resolve the issue directly. Improper chargebacks constitute a breach of this Agreement and may result in suspension or termination of the Account, recovery of any resulting losses, and pursuit of all other remedies available at law or equity.
  • Currency and Fees: If a payment is made in a currency other than the one displayed on the Platform, the conversion rate and any associated charges are determined by the applicable Third-Party Providers, including the User’s bank, financial institution, or payment provider. The Company shall not be liable for discrepancies or additional costs arising from currency conversion, network fees, or third-party charges.
  • Transaction Control: The Company reserves the right, at its sole discretion, to refuse, limit, suspend, block, or cancel any transaction or order, including in cases of suspected fraud, unauthorized activity, regulatory restrictions, or AML/KYC requirements. Payments may be delayed, frozen, or reported to competent authorities as may be decided by the Company, including due to the requirements of the applicable law.
  • Availability of Packages: The Company does not guarantee the permanent availability of any particular Gold Coins package, bundle, or promotion. Offers may be introduced, modified, suspended, or terminated at any time at Company’s sole discretion without prior notice.
  • Taxes: Users are solely responsible for all taxes, duties, or charges imposed by governmental authorities in connection with purchases or use of the Platform.

THIRD-PARTY PROVIDERS

  • Integration with Third-Party Providers: The Platform may integrate with, or provide links to, Third-Party Providers.
  • No Endorsement: The inclusion of links, references, or integrations with Third-Party Providers does not constitute an endorsement, approval, or recommendation by the Company. Users are solely responsible for evaluating the offerings of Third-Party Providers and making their own decisions regarding any interactions with them.
  • User Risks: All interactions, transactions, or dealings with Third-Party Providers occur at the User’s own risk. The Company shall not be liable for any losses, damages, or claims arising out of or related to the services, products, or content of Third-Party Providers.
  • Terms of Use: Use of Third-Party Providers may be subject to additional terms and conditions established by such providers. It is the User’s responsibility to review and comply with those terms before engaging with any Third-Party Providers.
  • Data Sharing: Users may be required to provide personal information or other data directly to Third-Party Providers. The Company is not responsible for the collection, use, storage, or security of such data by Third-Party Providers. Users are encouraged to review the privacy policies of any Third-Party Providers before providing any personal data.
  • Changes to Third-Party Providers: The Company does not guarantee the availability, accessibility, or functionality of Third-Party Providers. Modifications, restrictions, or discontinuation of services by Third-Party Providers may affect the availability of certain features or functionality of the Platform.

INTELLECTUAL PROPERTY

  • Ownership: All rights, title, and interest in and to the Platform, Platform Content, and all related intellectual property rights (including, without limitation copyrights, trademarks, service marks, trade names, logos, trade dress, patents, and proprietary technologies) are and shall remain the exclusive property of the Company, its licensors, or respective right holders. Nothing in this Agreement grants the User any rights or interests in the Platform or Platform Content, except for a limited license granted hereunder.
  • Limited License: Subject to full compliance with this Agreement, the Company grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform and Platform Content solely for personal, non-commercial, entertainment purposes during the term of this Agreement.
  • Restrictions: Except as expressly permitted under this Agreement or mandatory provisions of applicable law, Users shall not, directly or indirectly:
    • copy, reproduce, distribute, publicly perform, or publicly display any Platform Content;
    • modify, adapt, translate, or create derivative works of the Platform or Platform Content;
    • use the Platform or Platform Content for commercial purposes or for the benefit of any third party;
    • reverse-engineer, decompile, disassemble, or otherwise attempt to extract or derive source code, algorithms, or underlying ideas of the Platform;
    • use automated systems (including bots, spiders, crawlers, or scrapers) to access or interact with the Platform;
    • remove, alter, or obscure any copyright, trademark, or proprietary rights notices contained in the Platform or Platform Content.
  • Trademarks: All trademarks, service marks, logos, and trade names displayed on the Platform are the property of the Company or its licensors. No right or license to use any such marks is granted by this Agreement, except with the Company’s prior written consent.
  • User-Generated Content: By uploading, submitting, or otherwise making available User-Generated Content on or through the Platform, the User grants the Company a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, adapt, modify, display, and perform such content in connection with the operation, development, and promotion of the Platform. The User represents and warrants that they hold all rights necessary to grant this license and that the User-Generated Content does not infringe or violate any third-party rights, including intellectual property or privacy rights.
  • Reservation of Rights: All rights not expressly granted to the User in this Agreement are reserved by the Company and its licensors. No license, right, or interest shall be implied by estoppel, custom, or otherwise.

WARRANTIES & REPRESENTATIONS

User Warranties and Representations

Conditions Precedent: As a condition precedent to accessing or using the Platform, the User represents and warrants that:

  • Eligibility Compliance: The User meets all Eligibility requirements set forth in this Agreement, including jurisdictional, age, natural person, and legal capacity requirements.
  • Acknowledgment of Legal Nature: The User has carefully read, fully understood, and expressly accepts the legal nature of the Platform and the Company’s services, including that the Platform is provided solely for entertainment purposes and does not constitute gambling, investment, or any form of financial service.
  • Accuracy of Information: All information provided to the Company during registration or in connection with use of the Platform is true, accurate, complete, and up to date.
  • No Circumvention of Restrictions: The User will not use VPNs, proxies, or any other technological means to circumvent territorial or jurisdictional restrictions.
  • Jurisdictional Restrictions: The User is not a resident of, nor accessing the Platform from, any Prohibited Jurisdiction, and does not maintain a registered or billing address in any such jurisdiction even if physically located elsewhere.
  • Sanctions Compliance: The User is not subject to any applicable sanctions lists, regulatory restrictions, or court orders that prohibit or limit their ability to enter into or perform this Agreement.

Continuing Warranties:Throughout the duration of this Agreement, the User further warrants that:

  • Compliance with Laws: The User’s access to and use of the Platform shall at all times be in full compliance with all applicable laws, rules, and regulations, including but not limited to anti-money laundering (AML), counter-terrorist financing (CTF), and know-your-customer (KYC) requirements.
  • No Fraudulent Activities: The User does not and shall not engage in any fraudulent, deceptive, or unlawful activity, including, without limitation, payment fraud, chargeback abuse, or the use of funds derived from criminal activity.
  • Single Account: The User has created and shall maintain only one Account, which is personal and non-transferable. The User shall not create, maintain, or use multiple Accounts for any purpose, including circumventing restrictions, obtaining unfair advantage, or abusing the Platform.
  • Accuracy of Identity: All information provided by the User in connection with the Platform, including identity and affiliation, is and shall remain true, accurate, current, and not misleading. The User shall not misrepresent their identity, impersonate any person or entity, or misstate any affiliation.

PROHIBITION TO USE

Acceptable Use Policy: Users must use the Platform only for its intended purposes and in strict compliance with this Agreement, applicable laws, and generally accepted standards of fairness and integrity. Any misuse, abuse, or unlawful conduct is strictly prohibited:

  • Account Restrictions: Users may only access the Platform through their own Account and are prohibited from accessing, using, or attempting to use another person’s Account. Sharing, transferring, or disclosing login credentials is strictly forbidden. Users must not create multiple Accounts, including for the purpose of evading restrictions, exploiting promotions, or engaging in fraudulent activity.
  • Fraudulent Conduct: Users must not engage in any form of fraud, deception, or misrepresentation, including but not limited to payment fraud, chargeback abuse, the use of false identities, or the provision of inaccurate or misleading information.
  • Technical Integrity: Users must not interfere with the security, functionality, or integrity of the Platform. This includes attempts to hack, probe, scan, disrupt, or overload the Platform or its infrastructure. The use of bots, scripts, crawlers, or automated tools is strictly prohibited. Users must not introduce or distribute malware, viruses, Trojan horses, or any other harmful code.
  • Fair Play: The User shall use the Platform solely for recreational and entertainment purposes, in line with its intended nature. The User shall not engage in patterns of play or activity that are excessive or otherwise inconsistent with the recreational purpose of the Platform. The User shall not engage in any conduct or adopt any method intended to provide an unfair advantage over other Users, even if such conduct is not fraudulent or unlawful per se.
  • No Collusion: The User shall play on the Platform individually and independently. The User shall not engage in collusion, coordinated activity, or group play intended to obtain an unfair advantage, manipulate outcomes, or otherwise exploit the Platform. This includes, without limitation, sharing accounts, coordinating strategies, or pooling resources with other Users.
  • Unlawful Content: Users must not upload, post, display, or transmit unlawful, defamatory, obscene, threatening, abusive, infringing, or otherwise objectionable content. This includes but is not limited to child exploitation material, non-consensual sexual content, incitement of violence, and content that infringes intellectual property rights.
  • Privacy and Data: Users must not attempt to gain unauthorized access to any data, Account, or system connected with the Platform. Users must not intercept, collect, or misuse personal information or confidential data belonging to others. Any activity involving identity theft, phishing, or data scraping is strictly prohibited.
  • Harassment and Abuse: Users must not use the Platform to harass, intimidate, or threaten others. Sending unsolicited communications, spam, or promotional material without authorization is forbidden. Any activity that would cause offense, humiliation, or harm to another person is strictly prohibited.
  • Commercial Exploitation: Users must not use the Platform for unauthorized commercial purposes, including resale, redistribution, sublicensing, or granting access to third parties for profit. The Platform must not be used as a marketplace, promotional channel, or platform for solicitation without the Company’s prior written consent.

Embargoes and Sanctions: Users are strictly prohibited from accessing or using the Platform if they are identified on, owned or controlled by, or otherwise associated with any person or entity included on sanctions or restricted parties lists, including, without limitation, the United States Treasury Department’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List (SDN List), the European Union Consolidated Sanctions List, the United Nations Sanctions List, or any equivalent list maintained by other relevant authorities.

Restricted Parties: Users shall not access or use the Platform on behalf of, or in connection with, any person or entity that is subject to applicable sanctions, restrictions, or prohibitions. This includes, without limitation, any individual or entity listed on the OFAC Specially Designated Nationals and Blocked Persons List (SDN List), or on any equivalent list of prohibited or restricted parties maintained by competent authorities in other jurisdictions.

Circumvention of Restrictions: Users must not attempt to bypass geographic, technical, or regulatory restrictions, including by using VPNs, proxies, anonymizers, or other technological tools. Accessing the Platform from Prohibited Jurisdictions, or while maintaining a billing or registered address in such jurisdictions, is forbidden even if physically located elsewhere.

Monitoring and Enforcement: The Company reserves the right, at its sole discretion, to monitor, review, and record User activity on the Platform for the purpose of ensuring compliance with this Agreement. If the Company reasonably determines that a User has violated this Agreement or applicable law, the Company may, with or without notice, suspend, restrict, or permanently terminate the User’s access to the Platform, including Account, and take any other remedial or legal action available under applicable law.

Company's Rights to Publish Information about Violations: In the event that the Company determines a User has violated this Agreement or applicable law, the Company reserves the right to disclose or publish information regarding such violation. This may include the nature of the violation, the User’s identity (to the extent legally permissible), and the actions taken by the Company. Such disclosures may be made to other Users, the public, and competent regulatory or enforcement authorities, as required or permitted by law. Users expressly acknowledge and consent that such publication is intended to protect the integrity of the Platform and to promote compliance with this Agreement.

DISCLAIMER

  • No Warranty: The Platform and Platform Content are provided to Users on an “AS-IS” and “AS-AVAILABLE” basis. We make no representations or warranties, whether express or implied, and disclaim any guarantees of any nature. To the fullest extent allowed by law, we specifically reject all implied warranties, including but not limited to those concerning merchantability, fitness for a particular purpose, non-infringement, and the accuracy, completeness, or reliability of information.
  • Entertainment Purposes Only: The Platform, including all Games, features, and services, is provided exclusively for entertainment purposes. Nothing on the Platform shall be construed as gambling, investment activity, or financial service. Gold Coins and any other virtual items offered have no real-world monetary value, are non-transferable, and cannot be redeemed for cash or any form of financial instrument, except as expressly provided in this Agreement.
  • Right to Modify or Discontinue Services: The Company reserves the right to make changes, modifications, replacements, or temporarily or permanently discontinue certain features or the entire Platform and Services at its sole discretion. Such actions may be taken without prior notice and without liability for any resulting losses or damages.
  • No Fiduciary Obligations: This Agreement is not intended to, and does not, create any fiduciary obligations on the part of the Company. Your use of the Platform does not establish any advisory, agency, partnership, joint venture, trust, or any other fiduciary relationship between you and the Company.
  • Outcome of Games: The Company makes no representations or warranties regarding the fairness, accuracy, or outcomes of Games beyond compliance with applicable rules and internal procedures. Users acknowledge and accept that the results of Games are determined by algorithms and randomization processes designed for entertainment only.
  • Third-Party Providers: The Company disclaims any responsibility for any content, websites, or services accessible through the Platform that is provided by Third-Party Providers. Any reliance on Third-Party Providers is at the User’s sole risk.
  • Jurisdictional Limitations: The Company makes no representation that the Platform is appropriate or available for use in all jurisdictions. Access to the Platform is prohibited where it is unlawful or restricted. Users are solely responsible for ensuring compliance with local laws applicable to their access and use of the Platform.
  • Regulatory Environment: The Company and the Platform operate in an environment that may not be subject to comprehensive regulation. As such, there may be limited oversight or protection from regulatory bodies. Users are responsible for conducting their own research regarding the legal implications of using the Platform in their jurisdiction.
  • No Advice Disclaimer: Users acknowledge that no information provided on the Platform constitutes investment, tax, or legal advice. Users should seek independent professional advice for their specific circumstances before making any financial or legal decisions.

LIMITATION OF LIABILITY

  • No Liability for Indirect Damages: To the fullest extent permitted by applicable law, in no event shall the Company or the Company’s Parties be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages whatsoever, including without limitation damages for loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses, even if the Company has been advised of the possibility of such damages.
  • Maximum Aggregate Liability: In any event, and notwithstanding any other provision of this Agreement, the total aggregate liability of the Company and the Company’s Parties to any User arising out of or relating to this Agreement, the Platform, whether in contract, tort, strict liability, or otherwise, shall not exceed the greater of:
    • one hundred U.S. dollars (USD $100); or
    • the total amount, if any, paid by the User to the Company in connection with their use of the Platform in the six (6) months preceding the event giving rise to the claim.
  • Exclusions: The limitations set forth herein apply regardless of the cause of action, including but not limited to breach of contract, negligence, strict liability, misrepresentation, or any other legal theory. These limitations shall apply even if any remedy fails for its essential purpose.
  • Allocation of Risk: The User acknowledges and agrees that the limitations of liability set forth in this Agreement are a fundamental basis of the bargain between the User and the Company, and that the Platform would not be provided without such limitations.
  • Jurisdictional Carve-Outs: Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. In such cases, the Company’s liability shall be limited to the maximum extent permitted by applicable law.

INDEMNIFICATION

User's Indemnification Obligations: The User agrees to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising out of, relating to, or resulting from:

  • the User’s violation of this Agreement;
  • the User’s breach of any representations, warranties, or obligations hereunder;
  • the User’s violation of any applicable laws, regulations, or third-party rights;
  • any fraud, misconduct, or unlawful activity by the User in connection with the Platform or the Games;
  • any claim arising from the User-Generated Content, communications, or interactions on the Platform.

Notification of Claims: The Company shall provide the User with prompt written notice of any claim for which indemnification is sought under this Agreement. Failure to provide such notice shall not relieve the User of its indemnification obligations, except to the extent the User is materially prejudiced thereby.

Defense and Settlement: The User shall assume and control the defense of any indemnifiable claim with counsel reasonably acceptable to the Company. The Company Parties may participate in the defense at their own expense. The User may not settle any claim without the Company’s prior written consent if such settlement (i) imposes any liability or obligation on any Company Party, (ii) does not include a complete release of all claims against the Company Parties, or (iii) adversely affects the rights of the Company Parties in any material respect.

Cooperation: The Company Parties agree to provide reasonable cooperation, at the User’s expense, in connection with the defense of any indemnifiable claim, including providing access to relevant information, documents, and personnel.

FORCE MAJEURE

  • Notification: In the event of a Force Majeure occurrence, the Company shall promptly notify Users in writing of the nature and expected duration of the delay or inability to perform its obligations.
  • Suspension of Obligations: If a Force Majeure event occurs, the Company's obligations under this Agreement shall be suspended for the duration of the Force Majeure event. The Company shall make reasonable efforts to mitigate the effects of the Force Majeure event and resume performance as soon as possible.
  • Termination Rights: If the duration of the Force Majeure event exceeds 60 calendar days, either the Company or the User may terminate this Agreement by providing written notice to the other party. Upon termination due to a Force Majeure event, neither the Company or the User shall be liable to the other for any damages or losses incurred as a result of the termination.
  • No Liability: The Company shall not be liable for any failure to perform its obligations under this Agreement due to a Force Majeure event, and Users shall not be entitled to any compensation or damages for such failure.
  • Exceptions: This Force Majeure clause does not excuse the User from any obligations under this Agreement or relieve the User from liability for any breaches of this Agreement caused by the User’s actions or negligence.

GOVERNING LAW & DISPUTE RESOLUTION

  • Governing Law: This Agreement and any dispute arising hereunder shall be governed by and construed under the laws of the State of Florida, United States of America, without regard to its conflict of law principles. This Section concerning arbitration and dispute resolution shall additionally be governed by and construed under the Federal Arbitration Act.
  • Informal Resolution: Before initiating any formal proceedings, you agree to attempt to resolve any dispute informally by contacting us through the Contact Section of this Agreement. If the dispute is not resolved within thirty (30) days after you first contact us, either party may initiate arbitration.
  • Agreement to Arbitrate: To the fullest extent permitted by applicable law, you and we agree that any past, present, or future disputes, claims, or causes of action arising out of or relating to this Agreement or the Platform shall be resolved exclusively through final and binding arbitration.
  • Opt-Out: You may decline this agreement to arbitrate by notifying us through the means provided in the Contact Section below within thirty (30) days of first accepting this Agreement, including your full name, email address, and postal address, together with a clear statement of your decision to opt out.
  • Arbitration Terms: Arbitration shall be administered by JAMS under its Streamlined Rules in effect at the time arbitration is commenced, before a single arbitrator seated in Miami, Florida, unless otherwise agreed, and may be conducted in person or by remote electronic means.
  • Class Action Waiver: To the maximum extent permitted by law, you and we waive any right to consolidate, join, or coordinate disputes; to participate in any class, collective, or representative action or arbitration; or to pursue claims in a private attorney general capacity.
  • Temporary Injunction: Either party may seek temporary injunctive relief in a court of competent jurisdiction until an arbitrator is appointed and determines whether to continue, modify, or terminate such relief.
  • Jurisdiction: Subject to the arbitration provisions above, any judicial proceedings relating to this Agreement or enforcement of an arbitral award shall be submitted exclusively to the state or federal courts located in Florida, and each party consents to such jurisdiction and venue.
  • Statute of Limitations: To the fullest extent permitted by law, any claim or cause of action arising out of or relating to this Agreement or the Platform must be filed within twelve (12) months after the cause of action accrues; otherwise, such claim or cause of action is permanently barred.

TERM & TERMINATION

  • Term of the Agreement: This Agreement enters into force upon your acceptance and shall remain effective until terminated by either party in accordance with this Section.
  • Amendments: We reserve the right to amend, modify, or update this Agreement at any time. Unless otherwise indicated by the Company, such amendments become effective immediately upon posting. Your continued access to or use of the Platform after the effective date of any amendments constitutes your acceptance of the amended Agreement. If you do not agree, your sole remedy is to discontinue use of the Platform and close your Account.
  • Termination for Convenience by User: You may terminate this Agreement at any time by ceasing to use the Platform and formally closing your Account through the available account management tools or by contacting us through the means indicated in the Contact Section below.
  • Termination for Convenience by Company: We may terminate this Agreement or suspend access to the Platform, in whole or in part, for convenience, without cause, and without prior notice, unless immediate termination is justified under other provisions of this Section.
  • Termination by Company for Cause: We may immediately suspend or terminate your Account and this Agreement, without prior notice, if:
    • you breach any provision of this Agreement, the Sweepstakes Rules, or any applicable policy;
    • you engage in fraudulent, abusive, or unlawful conduct in connection with the Platform, including but not limited to circumvention of eligibility requirements, or chargeback fraud;
    • you are located in or access the Platform from a Prohibited Jurisdiction;
    • you fail to provide accurate information or to satisfy any identity verification, KYC, or AML requirements that we may impose;
    • your actions expose us, our affiliates, or third-party providers to reputational, regulatory, or financial risk.
  • Effect of Termination: Upon termination for any reason:
    • your license to access and use the Platform immediately ceases;
    • your Account will be closed and all access credentials disabled;
    • all Gold Coins remaining in your Account shall be void;
    • you remain liable for all obligations incurred prior to termination.

MISCELLANEOUS

  • Entire Agreement: This Agreement, including all documents referenced herein, constitutes the entire agreement between you and us regarding your use of the Platform and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
  • Severability: If any provision of this Agreement is found to be unenforceable, that provision will be deemed ineffective, but the remaining provisions shall remain enforceable. To the fullest extent permitted by law and equity, such provision may be modified or construed by the forum overseeing any dispute to reflect the intent of the parties and the overall purpose of this Agreement.
  • Assignment: This Agreement is personal to you and may not be assigned, transferred, or sublicensed by you without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under this Agreement to any third party without notice to you, unless such notice is required by applicable law. This Agreement shall bind and inure to the benefit of our successors and assigns.
  • No Agency: Nothing in this Agreement shall be construed as creating an agency, partnership, joint venture, fiduciary, or other similar relationship between you and us.
  • Waiver: Our failure to assert a breach of this Agreement or to exercise any right shall not constitute a waiver of such right or of any future rights, and no waiver shall be effective unless made in writing.
  • Language: This Agreement may be published, or the Platform interface may be available, in multiple languages for convenience. The English version is the sole legal basis of the relationship between you and us, and in case of any discrepancy, the English version shall prevail.

CONTACT

  • Inquiries and Feedback: For inquiries, comments, or suggestions regarding the Platform and its services, you may contact us at [email protected].
  • Notices: All formal notices under this Agreement shall be delivered through the contact details specified in this Section and will be deemed effective upon receipt. Notices to you may be delivered to the email address associated with your Account.