DATE LAST MODIFIED: 23 October 2023
This Terms of Use is provided by Evolve Tech Playing (collectively referred to herein as "the team", "we", "our" or "us").
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME.
You must read these Terms and Conditions carefully. By checking the box for acceptance during the registration process, or by accessing the Games or creating a Customer Account, you confirm that you have read and agree to be bound by these Terms and Conditions, which include and are inseparably linked to our Privacy Policy, Responsible Play Statement, Sweepstakes Rules and other gamespecific or promotion-specific terms relevant to your Participation.
If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules or terms you may not install or use the Platform or play any Game.
THE GAMES AND PLATFORM DO NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. ONLY PLAYERS IN THE UNITED STATES (EXCLUDNG THE STATES OF IDAHO AND WASHINGTON) AND CANADA (EXCLUDING QUEBEC) ARE ELIGIBLE TO ENTER THE SWEEPSTAKES.
YOU CAN REQUEST REDEMPTION OF ANY PRIZES BY SELECTING THE “GET COINS” AND THEN THE “REDEEM” BUTTON ON THE PLATFORM. WHERE PLAYERS REDEEM PRIZES FOR GIFT CARDS, SUCH PRIZES WILL BE ALLOCATED TO THE EMAIL ADDRESS REGISTERED AGAINST THE PLAYER’S CUSTOMER ACCOUNT, AND IF THIS IS NOT TECHNICALLY POSSIBLE, THEN TO AN ALTERNATIVE EMAIL ADDRESS YOU HAVE DESIGNATED. WHERE PLAYERS REDEEM PRIZES FOR CASH, SUCH PRIZES WILL BE PAID TO THE PAYMENT MEDIUM FROM WHICH YOU PURCHASED GOLD COINS, AND IF THIS IS NOT TECHNICALLY POSSIBLE, THEN THROUGH AN ELECTRONIC PAYMENT TO THE BANK ACCOUNT YOU HAVE DESIGNATED.
1.License
a.Subject to your agreement and continuing compliance with these Terms and Conditions, we grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Platform and the Content, through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.
b.We grants you a personal, non-exclusive, nontransferable, non-sublicensable, revocable, limited licence to use the avatars available on the Platform.
c.PLEASE NOTE THAT WE MAY ADD OR REMOVE AVATARS AT ITS SOLE DISCRETION AND WITH NO FURTHER NOTICE TO YOU. THE PURCHASE OF AN AVATAR IS THE PURCHASE OF A LICENCE TO USE THAT AVATAR FOR AS LONG AS IT IS AVAILABLE ON THE PLATFORM.
d.These Terms and Conditions do not grant you any right, title or interest in the Platform or Content.
e.You acknowledge and agree that your licence to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your licence to use the Platform (including the Games and Content) may be immediately terminated.
f.Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any licence to, and must refrain from accessing, the Platform or relevant Game.
2.Eligibility
a.You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform;
b.WHEN PARTICIPATING IN: YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM THE EXCLUDED TERRITORIES;
c.You participate in the Games strictly in your personal capacity for recreational and entertainment purposes only;
d.You participate in the Games on your own behalf and not on the behalf of any other person;
e.All information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information;
f.Money that you use to purchase Gold Coins is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
g.You will not purchase Gold Coins from a business or corporate account, but only an account held in your name;
h.You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behaviour;
i.In relation to the purchase of Gold Coins, you must only use a valid Payment Medium which lawfully belongs to you;
j.You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Merchandise provided to you by us;
3.User Account
a.You are allowed to have only one Customer Account, including any Inactive Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be suspended or closed and the consequences described in clause 20.2 may be enforced.
b.You must notify us immediately if you notice that you have more than one registered Customer Account, whether active or not on any one Platform. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME.
c.It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Mediumsare kept secure and are only accessible by you. You accept full responsibility for any unauthorised use of your Customer
d.Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited).
e.You must not share your Customer Account or password with another person, let anyone else access or use your
f.Customer Account or do any other thing that may jeopardise the security of your Customer Account.
g.If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft or unauthorised disclosure of your password and Customer Account details, you must notify us immediately.
i.You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.
j.We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.
k.We reserve the right to close your Customer Account if it is deemed to be an Inactive Account.
l.If no transaction has been recorded on your Customer Account for 30 consecutive months, we will remit the balance of the redeemed value of the Prizes in your Customer Account to you or as otherwise may be required under applicable law..
4.Purchases
a.The name on your payment mechanism must match the name on your user account. If we notice that you have a different name registered on your user account than the name associated with your payment mechanism, your user account will be suspended, purchases may be canceled, and any Coin balances may be adjusted accordingly. You must promptly notify us if your Payment Mechanism is canceled, lost or stolen, or if the security of your Payment Mechanism is compromised.
b.You acknowledge and agree that we may, from time to time and without notice, appoint one or more payment agents to process or make payments to you on our behalf.
c.If you are asked to refund one or more Gold Coins you purchased, your account will be suspended. If your account is debited, the amount debited will become a debt you owe to us and you must promptly submit payment for such purchases via another payment mechanism.
d.You agree that we and/or our payment agents appointed from time to time may store your payment mechanism details for the purpose of processing future purchases. By accepting these terms, you authorize us and/or our payment agents to store your payment credentials in accordance with applicable payment processing regulations.
e.The Paying Agents will have the same rights, powers and privileges as we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agents or in their own name. In no event will we be liable to you for any loss, damage or liability arising from the payment agent's negligence and/or actions beyond our authorization.
f.All Gold Coins purchases will be made in US dollars.
g.If you purchase Gold Coins, they will be added to your account instantly, barring any delay due to circumstances beyond our control such as poor internet connection, internet failure or power outages..
h.All promotions, including sweepstakes promotions, contests and special offers, are subject to these Terms, the Official Sweepstakes Rules and any additional terms that may be published at the time of the promotion, contest or special offer.
i.We reserve the right to withdraw or vary any such promotions at our sole discretion without prior notice to you.
j.We reserve the right, in our sole discretion, to exclude you from any promotions, contests or special offers offered from time to time without giving any reason.
k.If we believe that you are attempting to enter a contest using more than one user account, or otherwise engage in any fraudulent or illegal activity (including engaging in violations of the laws of your local jurisdiction), whether or not you will or may win as a result of such activity , we reserve the right to exclude you from any promotions, contests or special offers. If multiple entries/accounts are used, we reserve the right to suspend those accounts and withhold any promotional benefits.
l.You acknowledge that you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use any content you post or publish as part of a promotion, contest or contest as we see fit. Content without further acknowledgment that you are the author.
5.Verification
a.You agree that we are entitled to conduct any identification, credit and other verification checks that we may reasonably require or that are required of us under applicable laws and regulations or by relevant regulatory authorities or to otherwise prevent financial crime.
b.Until all required verification checks are completed to our satisfaction: any request you have made for redemption of Prizes will remain pending; and we are entitled to restrict your Customer Account in any manner that we may reasonably deem appropriate, including by suspending or closing your Customer Account.
c.We will carry out additional verification procedures in accordance with our internal anti-financial crime policies, including without limitation for any cumulative or single redemption of Prizes exceeding a value of USD$2,000 (or any USD amount that is equivalent to or greater than €2,000 from time to time). Verification procedures may, for example, include requests for, and our examination of, copies of your: identification documentation (including photo identification) such as a passport; proof of your address such as a utility bill; and source of wealth or source of funds documentation such as a pay slip or bank statement.
d.Where any identification, credit or other verification check we require cannot be completed to our satisfaction because you have not provided any document we request from you in the form that we require within 30 days’ of the date the document was first requested, then we are under no obligation to continue with the verification check and we may in our sole discretion close or otherwise restrict your Customer Account in any manner that we may reasonably deem appropriate.
e.You agree that we may use third party service providers to run external identification and other verification checks on all Customers on the basis of the information provided by you from time to time.
6.Intellectual Property
1)These Terms only grant the right to use the Services, they do not convey any ownership of the Services.
2)All right, title and interest, including but not limited to any copyrights, patents, trade secrets or other intellectual property rights in the Services, will be our sole property or, where licensed from a third party, theirs Sole property.
3)Your use of the Game will not convey to you ownership of any intellectual property rights. Game titles, source and object code, game client and server software, game "look and feel", sounds, musical compositions, audiovisual effects, concepts and methods of operation, layouts, text, data, user accounts, themes, objects , people and their portraits, their names, and their biographical information. Stories, dialogues, catchphrases, locations, artwork, animation files, images, graphics, files, game histories and game records, records of any chat rooms and moral rights, whether registered or not, and all applications related to the above shall be vested in us or any third party provider of the game.
4)Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you have no title or other property interest in the User Account, and you further acknowledge and agree that all rights in and to the User Account shall forever remain with us and shall For our use.
5)You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, nonexclusive, royalty-free licence to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles you publish or upload to any website or social media page controlled and operated by us.
7.Responsibility
a.You are responsible for complying with all laws that apply to your User Content. You agree not to submit to the Service or send to other users of the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially discriminatory , illegal material or any material that infringes or violates the rights of another party.
b.You will not provide us or any other user of the Service with inaccurate, misleading or false information. If information provided to us or to other users of the Services later becomes inaccurate, misleading, or false, you will promptly notify us of such changes.
c.We may, in our sole discretion, remove any User Content without notice, but are under no obligation to do so. We are not responsible for the conduct of any user on the Service, including any User Content submitted on the Service. We are not responsible for monitoring inappropriate content or conduct on the Services. Your use of the service is at your own risk.
d.You hereby grant us a sole, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, assign, transmit , publicly display and use any User Content, and incorporate it into other works in any form, media or technology now known or later developed.
e.You hereby further grant us the unconditional right to use and exploit your name, likeness and any other information or material contained in any User Content in connection with any User Content or your User Account without liability to you. any obligation. You waive any attribution and/or any moral rights you may have in your User Content, whether or not your User Content is altered or altered in any way, except where prohibited by law.
f.You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Services, is at your own responsibility and risk. We are not responsible for the backup and/or retention of any User Content transmitted to the Service.
g.Prohibited Content; Prohibited User Content on the Service includes, but is not limited to
① User Content that promotes racism, bigotry, hatred, or any form of physical harm against any group or individual.
② Harassing User Content.
③ Sexual or Offensive User Content.
④ User Content that promotes terrorism or religious hatred.
⑤ User Content that promotes illegal activity or conduct that is abusive, threatening, obscene, or defamatory.
⑥ User Content of a commercial nature that is not authorized by us; or
⑦ Content that promotes the services of other businesses or competitors..
8.Indemnity and Limitation of Liability
a.To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors are not liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accumulated but wasted expenses, costs of purchasing substitute goods or services, loss of good faith, or other intangible loss, lead to:.
① Your access or use or inability to access or use the Service.
② Any conduct or content of any third party on the Service, including but not limited to any content provided by any advertiser, affiliate ad network, rewards program operator or payment provider we may work with or any other user of the Service, product or service.
③ Any content and/or information obtained from the Services, or reliance on the Services or any part thereof.
④ Unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we knew or should have known of the possibility of such damages.
b.In some jurisdictions, applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitations of liability shall be to the maximum extent permitted by the laws of the applicable jurisdiction. Nothing in these terms cancels or supersedes your rights as a consumer based on mandatory provisions of law. To the maximum extent permitted by applicable law, our aggregate liability and/or the liability of our affiliates is limited to the total amount..
c.In no event shall we be liable for any virus, bug, human action or omission of any computer system, telephone line, hardware, software or program failure, or any other error, malfunction, or computer transmission or network, connection responsible for any delays or damages arising from your access to or use of the Services. We cannot and do not guarantee continuous, uninterrupted or secure access to the Services.
d.In no event shall we be liable to you for any damages, claims, liabilities or expenses incurred or suffered by you in connection with any content, products or services provided by any third parties with whom we work.
e.You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from liability for the acts or omissions of any third parties arising out of or in connection with your use of the Services.
f.You agree to indemnify and hold us harmless from and against any claim or demand (including attorneys' fees) made by any third party arising out of your use of or access to the Services, your violation of these Terms, or your violation of any law or the rights of a third party. damage. Nothing in these Terms shall be deemed to exclude or limit your liability for any compensation under these Terms.
9.Miscellaneous
1)Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your Participation.
2)Taxes. You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation.
3)Force Majeure. We will not be responsible or liable for any failure or delay in performance of any of our obligations under these Terms as a result of events beyond our reasonable control.
4)Severability. If, for any reason, any provision of these Terms, or any part thereof, is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that part of the provisions will be deemed severable and will not affect the validity and Enforceability, these Terms will continue in full force and effect.
5)Assignment. These Terms are personal to you and may not be assigned, transferred or sublicensed by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations to any third party without notice to you.
6)Entire Agreement. These Terms incorporate the entire understanding between you and us and supersede all prior understandings between you and us on this subject.
7)Business Transfers. In the event of a change of control, merger, acquisition, or sale of our assets, your user account and related data may become part of the assets transferred to the purchaser or acquirer.
8)Waiver. No claim by us for a breach or breach of these Terms, or failure to exercise any right under these Terms, shall constitute or be deemed a waiver or forfeiture of such rights, or a waiver or forfeiture of such rights in the future.