Terms

RAFFALL TERMS OF SERVICE

Last Revised on November 22, 2024

Welcome to the Terms of Service (these "Terms") for the Raffall website, app, or other means of communication (raffall.com, the "Website," and "App"), operated by Raffall Limited, an entity of the United Kingdom ("Company", "we" or "us"). The Website, App, and any content, tools, features and functionality offered on or through our Website or App is collectively referred to as the "Services."

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Services. We reserve the right to alter these Terms of Service at our sole discretion and without prior notice. Any changes to the Terms will be posted on the Website on within the App itself. You are responsible for regularly reviewing the Terms for any updates or modifications. Your continued use of our Services after any changes to the Terms constitutes your acceptance of those modified Terms. If you do not agree with or do not understand any updated Terms, you must discontinue using our Services immediately.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" and "your" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

If you violate our Terms of Service, we reserve the right to take appropriate measures against your account. Such actions may include, but are not limited to, the termination or suspension of your account access and privileges.

You understand and agree that in cases where your account is involuntarily suspended or terminated due to a breach of our policies, including of these Terms, we are under no obligation to provide reimbursements, refunds, or compensation for any Services or features you can no longer access as a result. The loss of Services (and any other losses) stemming from an account suspension or termination enforced by us will be solely borne by you.

Section 15 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (unless otherwise required by law) related to the Company's Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained in Section15. IF YOU ARE IN THE EUROPOEAN ECONOMIC AREA ("EEA"), OR A COUNTRY THAT DOES NOT ALLOW SUCH ARBITRATION AGREEMENT, SECTION 15 DOES NOT APPLY TO YOU.

TABLE OF CONTENTS

  1. Who May Use the Services
  2. User Accounts
  3. Age restriction and verification
  4. Description of the services
  5. TAKING OWNERSHIP OF PRIZES
  6. SWEEPSTAKES (SWEEPSTAKES) POLICY
  7. ADVERTISEMENT DISCLOSURE
  8. SWEEPSTAKES CHANGES
  9. Privacy Policy
  10. RESPONSIBLE GAMING
  11. Rights We Grant You and your responsibilities
  12. Ownership and Content
  13. Third Party Services and Materials
  14. Disclaimers, Limitations of Liability and Indemnification
  15. ARBITRATION AND CLASS ACTION WAIVER
  16. Additional Provisions

  1. Who May Use the Services

    1. Usage - To use our Services, you must be (a) eighteen (18) years of age or older; and (b) reside in a jurisdiction in which your use of the Services is not restricted by that jurisdiction’s laws. By using the Services, you represent and warrant that you meet these requirements and any misrepresentation in that regard is a breach of these Terms.

  2. Creating and Safeguarding your Account.

    1. To use the Services, you must create an account or, where available, link another account, such as your Apple, Facebook or Google account (“Account”). Account access also requires access to a supported device and an internet connection. You must provide accurate, complete, and updated information for your Account. You can access, edit and update your Account by going to your profile page. You are solely responsible for any activity associated with your Account and for maintaining the confidentiality and security of your password. You agree that you will not disclose your Account password to anyone. We are not liable for any acts or omissions by you in connection with your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You must immediately notify us at [email protected] if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account, or if we previously banned you from any of our Services, unless we provide written consent otherwise.

  3. AGE RESTRICTION AND VERIFICATION

    1. Minimum Age Requirement. You must be at least eighteen (18) years of age to access, use, or participate in any of our Services. By using or attempting to use the Services, you represent and warrant that you are at least 18 years old. Any use of the Services by individuals under the age of 18 is strictly prohibited and constitutes a violation of these Terms of Use.
    2. Age Verification. We reserve the right to verify your age at any time. You agree to provide accurate and truthful information regarding your age and identity upon request. This may include, but is not limited to, providing a copy of a government-issued photo ID or other form of age verification as we deem necessary.
    3. Consequences of Misrepresentation. If we discover or have reason to suspect that you are under 18 years of age:
      • Your account will be immediately suspended or terminated;
      • Any virtual points or other non-monetary rewards associated with your account will be forfeited; and
      • You may be prohibited from creating new accounts or accessing the Site in the future.
    4. Parental Responsibility. Parents and legal guardians are responsible for monitoring their children's internet usage and ensuring they do not access or use the Services. We do not knowingly collect or solicit personal information from anyone under the age of 18.
    5. Reporting Underage Users.. If you become aware of any user who is under the age of 18 accessing or using the Services, please report this information immediately to [email protected]. By continuing to use the Services, you acknowledge that you have read, understood, and agree to comply with this age restriction provision. This provision clearly outlines the minimum age requirement, our right to verify age, consequences for misrepresentation, parental responsibility, and a mechanism for reporting underage users. It reinforces the strict 18-year age limit for using the Services and participating therein.

  4. DESCRIPTION OF THE SERVICES

    1. In General. We provide our Services for the sale of virtual tokens to be redeemed on our website to play arcade games. When you purchase virtual tokens, you also receive a free entry or entries to one of our Sweepstakes that operate as a sweepstakes. Entry into a Sweepstakes makes a user eligible to win a prize, subject to these Terms of Service. While we do not own any Sweepstakes, we reserve the right to use Sweepstakes content for our purposes described herhai ein. Our Services include, but are not limited to, the following items set forth in this Section.
    2. Virtual Tokens and Gameplay.
      1. Virtual Tokens and Gameplay
        1. Users can purchase virtual tokens (“Raffall Tokens”) through our website, which can be used to play a selection of arcade games available on the platform.
        2. The Raffall Tokens are solely for entertainment purposes and have no monetary value, cannot be redeemed, sold, or otherwise transferred. Raffall Tokens function similar to arcade tokens that are purchased and then used in arcades to play video games.
      2. Sweepstakes Entries
        1. With each token purchase, users may receive free entries into our sweepstakes, which grant users a completely free chance to win exciting prizes. We refer to sweepstakes entries as “Sweepstakes.”
        2. Sweepstakes are conducted in accordance with applicable laws and regulations, and winners are selected randomly.
      3. Eligibility and Participation
        1. Participation in the games and Sweepstakes is subject to compliance with our Terms of Service and any applicable legal requirements.
        2. Users must be at least 18 years old or the age of majority in their jurisdiction to purchase tokens and participate in a Sweepstakes.
      4. Disclaimer
        1. We reserve the right to modify or discontinue any aspect of the Services offered at any time without prior notice.
        2. All purchases are final, and no refunds will be issued for unused tokens or Sweepstakes entries.
    3. Sweepstakes
      1. Promoter. Raffall Limited, a company registered in England and Wales, is the promoter (“Promoter”) of all Sweepstakes on this platform. While we do use the term “raffle,” this is used for marketing and search engine optimization purposes.
      2. Hosting a Sweepstakes. Users can create and manage Sweepstakes using our Services (“Hosts”). Hosts are responsible for setting the terms of their Sweepstakes, including the description of prizes and the number of available entries. Hosts must comply with all applicable laws and regulations when hosting Sweepstakes and must ensure that the sweepstakes entries remain free of charge.
        1. To Host a Sweepstakes:
          1. Hosts must not be physically located in or be a resident of a jurisdiction where it is unlawful to Host a Sweepstakes.
          2. The Host must be aged 18 years or more.
          3. Host email addresses and mobile phone number must be verified.
          4. By agreeing to host a Sweepstakes, the Host is deemed to agree to be bound by these Terms of Service.
        2. Hosts must provide some or all of the following information:
          1. Sweepstakes title;
          2. Sweepstakes summary;
          3. Prize description and delivery/collection options;
          4. Between 1 to 8 images with respect to the Sweepstakes;
          5. Promotional image and/or video (optional);
          6. The total number of entries available for sale;
          7. A proposed end date and time for the Sweepstakes;
          8. Any other information requested by us.
        3. We reserve the right to cancel any Sweepstakes at any time for any reason or no reason at all and without liability to us.
        4. Hosts may not offer a cash payment, bank transfer, gift card or share of any sweepstakes revenue as an alternative to providing the Prize.
        5. Hosts may invite their followers to participate in their Sweepstakes, subject to the following considerations:
          1. Hosts must pay a non-refundable fee, as set out on the Fees & Subscriptions page, for each invitation sent to one of their followers, irrespective of whether the invitation results in the receipt of a Sweepstakes entry.
          2. Invites must be sent directly to email addresses associated with each follower’s Raffall account. We maintain the privacy of email accounts and do not disclose email addresses to Hosts.
          3. We utilize a third-party service provider to facilitate email deliveries. We strive to ensure prompt and accurate delivery of all invitations; however, we cannot guarantee that emails will not be subject to spam filters, junk folders, or other forms of blocking or filtering by the recipients Internet Service Provider (ISP) or email service providers. We are not liable for any invites that are not delivered.
          4. Sweepstakes features are not guaranteed to be available at all times.
      3. Participation in Sweepstakes: Users can participate in Sweepstakes by purchasing virtual tokens and receiving free entries as a gift, a free postal entry method, or entering through other free methods specified by Hosts, in compliance with applicable law.
      4. Prize Distribution: Upon the conclusion of a Sweepstakes, a winner is selected through an automated process. The Host of the Sweepstakes is then responsible for delivering the prize to the winner in accordance with the terms specified in the Sweepstakes.
      5. Prize Confirmation:: The Host must confirm the prize status within 7 days of the competition ending by selecting one of the available options in their Raffall account. The available Prize Confirmation Options are:
        1. If the competition had no minimum ticket target or the minimum ticket target was met, the Host may choose:
          1. “Prize as advertised” – which means the Host must provide the prize as originally advertised.
          2. “Revoke prize” – which means the Host will not provide the prize as advertised, the Host will not receive payment, and the Winner will receive their share of the cash compensation.
        2. If the competition had a minimum ticket target that was not met, the Host may choose:
          1. “Prize as advertised” – which means the Host must provide the prize as originally advertised.
          2. “50% of revenue” – which means the Winner will receive 50% of the ticket revenue for that competition.
        3. If the Host does not confirm the prize within 7 days, the prize status will automatically be revoked, and the Host will not be paid. The Winner will receive 75% of the ticket revenue as compensation.
      6. Affiliate Marketing: Users may participate in our Affiliate Program to promote Sweepstakes and earn commissions based on referrals. Participation in the Affiliate Program is subject to additional and separate terms and conditions.
      7. Service Charges, Affiliate Commissions, and Fees:
        1. The Host shall pay the Service Charges and any Fees (if applicable) as set out in our Fees & Subscriptions page, which are deducted from the total proceeds of the Sweepstakes.
        2. The Host shall pay any applicable Affiliate Commission, which shall be deducted from the total proceeds of the Sweepstakes and is set forth in our Affiliate Marketing Terms & Conditions.
        3. Any Featured Fees or Invite Fees paid to Raffall by the Host are non-refundable.
    4. How to Enter a Sweepstakes. Each Sweepstakes shall run from its Opening Date to its Closing date, as provided by the Host. To enter a Sweepstakes, follow these steps:
      1. Entry Options:
        1. Free Entry with Purchase of Raffall Tokens:
          1. Purchase Raffall Tokens to play the virtual games and arcade games offered and receive a free gift of sweepstakes entries. Raffall Tokens are solely for entertainment purposes, are non-transferrable, and have no cash equivalent value. Raffall Token purchases are also not refundable for any reason.
        2. Postal Entry:
          1. Handwrite your USER ID, RAFFALL ID, and the words “Raffall free sweepstakes entry” on a postcard.
          2. Send the postcard via 1st or 2nd class post to the specified address.
          3. Ensure the postcard is received at least 72 hours before the Sweepstakes ends. Only one entry per postcard is allowed.
          4. Ensure that the USER ID, RAFFALL ID, and the required words are correct. If there is any defect in the requirement, the postal entry will be rejected. We retain the sole discretion to determine whether such entry complies with the above standards.
        3. Entry Requirements:
          1. You must be a registered user with a verified email and mobile number to submit a Postal Entry.
          2. Postal Entries are free but must be correctly filled out and timely sent to the correct address.
        4. Sweepstakes Rules:
          1. Sweepstakes Entries are issued regardless of the correctness of the answer, but only entries with the correct answer or valid Postal Entries are entered into the final draw.
          2. By entering, you agree to the specific Sweepstakes Terms of Service.
        5. Additional Information:
          1. For assistance, refer to our Help Centre.
          2. We are not responsible for postal delays or lost entries. Ensure all details are legible and correctly submitted.
      Following these guidelines will ensure your entry is valid and considered for the Sweepstakes draw.
    5. Eligibility for Sweepstakes.
      1. Eligibility
        1. You must be at least 18 years old.
        2. You cannot enter if you are in a location where it is illegal to participate in Sweepstakes.
        3. Only our registered users can enter our Sweepstakes.
      2. Restrictions
        1. Employees, shareholders, and their immediate families or households of Raffall or its related companies cannot enter.
        2. Employees of agents or suppliers connected to the Sweepstakes are also prohibited from entering.
        3. Family or household members of a Sweepstakes host cannot enter Sweepstakes hosted by that host.
      3. Entry Conditions:
        1. By entering, you confirm your eligibility to participate and claim any prize.
        2. Raffall may ask for proof of eligibility.
        3. Entries must not be automatically generated, completed by others, submitted in bulk, or tampered with.
        4. Entries on behalf of someone else or joint entries are not allowed.
      4. Disqualification
        1. Raffall can disqualify any participant whose behavior goes against the Sweepstakes spirit or rules.
      Adhering to these guidelines ensures your Sweepstakes entry is valid and eligible for consideration.
    6. Sweepstakes Prizes. The prize for each Sweepstakes is detailed in the Sweepstakes specifics. The Host will transfer the prize to the winner as provided therein. The prize cannot be exchanged or transferred. To claim the prize, the winner must follow the steps outlined in the Terms of Service.
    7. Prize Winners. On the Sweepstakes Closing Date, a winner is chosen randomly by our automated system. This decision is final. We will publish the winner’s name on the Draw Date to show a valid award took place, in compliance with our Privacy Policy. After the Draw Date, we will email all entrants using their registered email addresses. Winners are not contacted separately, so entrants must check the platform to see if they've won. If a phone number is provided, we or the Host may contact winners at their discretion. Winning entries can be found in the “Your Entries” section on our website. On the Draw Date, the Host receives an automated email with instructions and the winner’s contact details, per our Privacy Policy.
    8. Claiming a Prize. Winners are not notified separately. Entrants must check our website to see if they’ve won. The Host and the winner must communicate to arrange prize delivery or collection. To access a Host's contact details, the winner must press the “claim” button on the winning entry in the “Your Entries” section within 21 days of the Draw Date. The prize cannot be claimed by someone else on the winner's behalf, and we are not responsible if the winner cannot claim the prize.
    9. Delivery or Collection of the Prize. Prize delivery is not included unless specified. The Host and winner must arrange delivery themselves. If the prize can be collected, the Host and winner must agree on a convenient time and date. The Host must ensure a safe exchange and keep any shipment or delivery receipts as proof. If the Host and winner meet to exchange the prize, both parties must ensure the winner accepts the prize on the platform during the exchange.
    10. Acceptance of Prizes and Disputes.
      All Sweepstakes participants agree that our decisions are final. The winner has 21 days from the Draw Date to either accept or dispute the prize on the platform.
      1. Accepting the Prize:
        1. Confirm the prize is as advertised and has been received.
        2. Following confirmation, the winner loses the right to dispute or claim compensation.
        3. Once the prize is confirmed by the winner, the Host's proceeds are released to them
      2. Disputing the Prize:
        1. Indicates the prize is not as advertised or hasn't been received.
        2. Our Disputes Team will investigate and decide the outcome.
      3. Dispute Outcomes:
        1. If in favor of the Host, proceeds are released to the host or charity, and the winner loses all rights.
        2. If in favor of the winner, the Host does not receive proceeds, and the winner gets 75% of the total proceeds as compensation.
        3. For multiple prizes, compensation is divided equally among disputed prizes.
      If the winner neither accepts nor disputes within 21 days, they lose the ability to do so, and proceeds are released to the Host or charity. Our decision is final and binding.
    11. Prohibited Items. The items listed on our Prohibited Items page may not be offered as Prizes. The suitability of all Prizes is subject to our sole discretion.
    12. No Purchase Necessary to Register or Participate. There is no fee to register for an Account. Sweepstakes do not require an entry fee and may be played entirely for free and without consideration. Sweepstakes entries may not be purchased or acquired for any consideration.
    13. Our Guarantee. If a Host fails to provide a prize, winners will receive compensation equal to 75% of the total proceeds from the Sweepstakes. This compensation is guaranteed and paid directly by us. If there are multiple winners and prizes, and the Host fails to deliver, the winners will equally share the compensation, totalling 75% of all Sweepstakes proceeds.
    14. Publicity and Advertising. Hosts and winners must participate in publicity activities for the Sweepstakes and us if requested. This may include interviews, promotional recordings, and social media posts directed by us, both during and after the Sweepstakes. Users agree that we may use their name, picture, or likeness for advertising and publicity for five years after the Sweepstakes ends. Users agree that this use does not violate their privacy or property rights, and they will not receive additional compensation. Any materials created for these purposes become our property.
    15. No Endorsement. Our Sweepstakes are in no way sponsored, endorsed, administered by, or associated with Apple Inc., Google, Facebook, X (Twitter), Snapchat, TikTok and/or any other social network, platform, or similar site or company.
    16. Changes and Updates. We reserve the right to make changes, updates, or discontinue the Services (or any part or content thereof) at any time, with or without prior notice to you. We will not be held liable to you or any third party for any modification, suspension, or discontinuation of our Services. We may also impose limitations on certain features and services or restrict your access to parts or all of our Services without notice or liability. We may release updates to improve functionality or enhance features.

  5. TAKING OWNERSHIP OF PRIZES

    1. For Sweepstakes with a property prize, a Property Contract will be provided to both the Host and the winner to manage the transfer of the property, which will override or supplement our Terms of Service. This contract will be specific to the jurisdiction where the property is located.
    2. Property Lawyers:
      1. Both parties must hire independent lawyers to assist with the transfer.
      2. We may provide a list of recommended lawyers and can introduce them to ensure a smooth process.
      3. If the winner uses non-recommended lawyers and delays occur, we may cancel or redraw the Sweepstakes.
      4. If the Host or their lawyer or legal representative causes delay, we may award compensation to the winner, which equals 75% of the total proceeds of the Sweepstakes.
    3. Completion
      1. The property transfer may take up to 60 days or longer from the Draw Date.
    4. Warranties
      1. Host's Warranties: The Host guarantees they have full ownership and authority to transfer the property, which is free of any liens or third-party claims. The Host is solvent and no legal issues affect the property's title.
      2. Winner's Warranties: The winner confirms they have the authority to enter into the Property Contract.
      3. Our Warranties: We provide no guarantees about the property’s market value, purchase price, or related taxes.

  6. SWEEPSTAKES (SWEEPSTAKES) POLICY

    1. General Terms.
      1. Participation Requirements: Participants must be at least 18 years old and cannot reside in Idaho, Michigan, Nevada, or Washington. Participation is void where prohibited by law.
      2. Agreement: Participation implies full agreement with the Sweeps Policy and the Terms of Service. Decisions regarding the sweepstakes are final and binding.
      3. Eligibility: Employees and their immediate family members of the company and related entities are not eligible to participate or win prizes.
    2. Entry for Sweepstakes.
      1. Entries to Sweepstakes can be obtained for free through mail-in requests. They cannot be purchased, sold, or traded.
      2. Virtual Token are used to play games and also provide entry into Sweepstakes, which are sweepstakes drawings where users may win a prize.
    3. Prizes
      1. Redemption: Prizes are only those items offered by Hosts in a Sweepstakes.
      2. Limits: New York and Florida residents cannot participate in Sweepstakes with a prize value greater than $4,999.99.
      3. Tax Responsibility: Participants are responsible for any taxes or fees associated with prize redemption.
    4. Legal Provisions.
      1. Dispute Resolution: Disputes are subject to individual arbitration and class action waivers as outlined in these Terms & Conditions.
      2. Liability Limitation: We limit our liability as provided herein.
      3. Modification and Cancellation: We reserve the right to cancel, suspend, or modify Sweepstakes due to fraud, technical failures, or other factors beyond control. By entering the Sweepstakes, you understand and agree that your entries may be cancelled, suspended, or the sweepstakes may be modified, and expressly waive any cause of action that you may have against us, our agents, attorneys, members, owners, affiliates related in any manner to such cancellation, suspension, or modification.
      4. Disqualification: Users may be disqualified from a Sweepstakes for violations of our Terms of Service.
    1. Advertising Disclosure. Our Services may display advertisements from third-party vendors. These advertisements help support our Services and may be targeted based on your interactions with our website and app. By using our services, you agree to the display of such advertisements.
    2. User Guidelines with Advertisements.
      1. Respectful Interaction: Users are expected to interact with advertisements in a respectful manner. Any attempts to disrupt or manipulate the ad display, such as using ad-blocking software, are prohibited.
      2. Ad Feedback: If you encounter any inappropriate or misleading advertisements, please report them to us immediately so we can take appropriate action.
      3. No Endorsement: The presence of advertisements on our website and app does not constitute an endorsement by us of the advertised products or services. Users are encouraged to conduct their own research before making any purchase decisions based on the advertisements.
    3. Liability Disclaimer for Third-Party Advertisements.
      1. No Responsibility for Third-Party Content: We may use third-party advertising companies to serve ads when you visit our Services. Advertisers may use information about your visits to our services and other websites to provide advertisements about goods and services of interest to you. We do not control the content of these advertisements and are not responsible for any claims, representations, or warranties made by third-party advertisers.
      2. User Dealings with Advertisers: Any correspondence or business dealings with, or participation in promotions of, advertisers found on or through our website and app, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on our services.
      3. Ad Tracking Technologies: Third-party advertisers and advertising networks may use their own cookies and other tracking technologies to collect information about your interactions with their ads. These tracking technologies are governed by the privacy policies of the entities placing the ads, and we do not control these practices.
      4. No Endorsement: We do not endorse or validate the promotions, communications, or other materials of third-party advertisers. You agree that we are not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. Any transactions or dealings between you and any third-party advertisers are solely your responsibility.
    4. Affiliate Marketing. We offer an Affiliate Marketing Program (“Program”) that allows Users (“Affiliates”) to promote Sweepstakes hosted on our platform and earn commissions based on successful referrals. Participation in the Program is subject to the following Terms of Service:
      1. Eligibility and Enrollment. To become an Affiliate, you must register for an account on our Services. We reserve the right to accept or reject any application at our sole discretion.
      2. Affiliate Responsibilities. Affiliates are responsible for ensuring their marketing practices comply with all applicable laws and regulations, including but not limited to the Federal Trade Commission's guidelines on endorsements and testimonials. Affiliates must clearly disclose their relationship with us when promoting Sweepstakes.
      3. Affiliate Links and Promotion. Affiliates will receive a unique referral link to use in their marketing efforts. This link must be used to track referrals and calculate commissions. Affiliates may promote Sweepstakes through various channels, provided their methods do not violate any laws or infringe on the rights of third parties.
      4. Commission and Payment. Affiliates will earn a commission for each successful referral that results in a Sweepstakes entry through their unique link. The commission structure and payment terms are detailed in the Affiliate Program guidelines provided upon enrollment. Commissions will be paid out monthly, subject to a minimum payout threshold.
      5. Prohibited Activities. Affiliates are prohibited from engaging in any deceptive or fraudulent practices, including but not limited to click fraud, false advertising, or misrepresentation of our Services. Violations may result in termination from the Program and forfeiture of any unpaid commissions.
      6. Termination of Affiliate Relationship. We reserve the right to terminate an Affiliate's participation in the Program at any time, with or without cause. Upon termination, the Affiliate must cease all promotion of our Services and immediately remove any affiliate links from their marketing materials.
      7. Limitation of Liability. We shall not be liable for any indirect, incidental, or consequential damages arising from an Affiliate's participation in the Program. Affiliates agree to indemnify and hold us harmless from any claims, damages, or expenses arising from their marketing activities.

  8. SWEEPSTAKES CHANGES

    1. Changes to Sweepstakes. We may, at any time, revise or change the requirements to entry, availability, specifications, content, descriptions or features, as applicable, of any Sweepstakes. While we attempt to be as accurate as we can in our descriptions for the Sweepstakes, we are unable warrant that the descriptions are accurate, complete, reliable, current, or error-free. If a Sweepstakes itself is not as described on the Services, your sole remedy is to contact us to request a correction of your Account. The inclusion of any Sweepstakes for entry at a particular time does not imply or warrant future availability.

  9. PRIVACY POLICY

    1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. Our Privacy Policy is expressly integrated into these Terms as if fully restated herein. At our core, we believe in maintaining transparency and upholding ethical standards when it comes to handling your personal information. To deliver our Services effectively, we need to gather certain data about you. However, we strictly adhere to legal requirements and only utilize your information when we have a legitimate basis to do so.

      Our comprehensive Privacy Policy serves as a valuable resource, shedding light on the types of information we collect, how we utilize that data, and the choices available to you while engaging with our Services. We encourage you to review this policy carefully to gain a thorough understanding of our data practices and your rights as a user.

  10. RESPONSIBLE GAMING

    1. Commitment to Responsible Gaming: We are committed to promoting responsible gaming practices and ensuring a safe, enjoyable experience for all users. While our platform offers only non-monetary wagering on professional sporting events, we recognize the importance of maintaining healthy gaming habits.
    2. Age Restrictions: Users must be at least 18 years old (or the legal age in their jurisdiction, if higher) to participate in our non-monetary wagering activities. We reserve the right to verify age and identity at any time.
    3. Advertising and Promotion: Our marketing efforts will not target minors or vulnerable individuals. All promotional materials will include responsible gaming messages and information. Affiliates are prohibited from targeting minors or vulnerable individuals.
    4. Ongoing Improvement: We are committed to ongoing research and collaboration with experts in the field of responsible gaming to enhance our policies and practices.

  11. RIGHTS WE GRANT YOU AND YOUR RESPONSIBILITIES

    1. Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, conditioned upon your compliance with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, limited, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms in a personal non-commercial capacity. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. We are not liable to you under any circumstances for any such interruption, downtime, or other inability to use the Services (including the App).
    2. Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless you have our express written permission to do so:
      1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your device for display purposes, or as otherwise expressly permitted in these Terms;
      2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
      3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
      4. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
      5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
      6. cooperate, collude, or conspire with other users to cheat or gain a competitive advantage;
      7. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
      8. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
      9. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
      10. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercept, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
      11. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our or any other systems;
      12. submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
      13. violate any applicable law or regulation in connection with your access to or use of the Services; or
      14. access or use the Services in any way not expressly permitted by these Terms.


      While we are not obligated to actively monitor the access or usage of our Services or the Content shared through them, we reserve the right to review, edit, or remove any Content at our discretion. This right enables us to operate the Services effectively, ensure compliance with our Terms, and adhere to applicable laws and legal requirements.

      We may remove or disable access to any Content deemed objectionable or in violation of our Terms without prior notice. Additionally, we have the authority to investigate any potential violations of these Terms or conduct that may affect the Services.

      In cases where users or others violate the law, we may consult and cooperate with law enforcement authorities to facilitate prosecution. Any attempt by you to disrupt or interfere with the legitimate operation of our Services, including undermining or manipulating any app or site, constitutes a breach of these Terms and could potentially be a criminal and/or civil violation.

      ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, WHICH INCLUDES UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY APP OR SITE, IS A BREACH OF THE TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND/OR CIVIL LAWS.
    3. Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use our App. We do not guarantee the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over Push Message settings and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.
    4. Mobile Software from the Apple App Store. The following Terms of Service apply to you only if you are using the App from the Apple App Store. To the extent the other Terms of Service of these Terms are less restrictive than, or otherwise conflict with, the Terms of Service of this paragraph, the more restrictive or conflicting Terms of Service in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. APPLE IS NOT THE SPONSOR OF ANY SWEEPSTAKES OFFERED THROUGH OR IN CONNECTION WITH THE APP OR SERVICES.
    5. Gameplay and Other Activity Recording. We may monitor and/or record your interaction within the Services, for own internal due diligence, marketing, quality control, anti-cheating verification, or other legitimate business purposes. You understand and agree that your activity within the App or related to our Services will be monitored and/or recorded.
    6. No Refunds. Where any fees, costs, or subscriptions are available for purchase (including but not limited to Raffall Tokens), we do not issue refunds for any reason, unless otherwise required by law.

  12. Non-Competition & Fair Use of Insider Knowledge

    1. By hosting a competition on Raffall, you acknowledge that Raffall provides platform-exclusive strategies, insights, and tools to help maximise your success. In consideration of the knowledge and resources made available to you:
      1. You agree not to create, develop, or operate a competing raffle, prize competition, or sweepstakes platform (online or app-based) or assist others in doing so for a period of 12 months following the date of your last hosted raffle on Raffall.
      2. You agree not to host raffles, prize competitions, or sweepstakes on another online platform that provides a similar service for a period of 6 months after your last hosted raffle.
      3. This restriction does not apply to hosting private, in-person raffles, sweepstakes, or competitions that are not run on an online or app-based platform.
      4. If this clause is found to be unenforceable in certain jurisdictions, you agree that you will not use Raffall’s proprietary strategies, tools, or methods to establish or support a competing raffle, sweepstakes, or prize competition platform.
    2. If Raffall determines that you have violated this clause, Raffall reserves the right to:
      1. Suspend or terminate your account.
      2. Withhold any outstanding payments or commissions.
      3. Pursue further legal remedies if necessary.
    3. By hosting a competition on Raffall, you acknowledge and agree to abide by these terms to protect the integrity of the platform and the knowledge shared with you

  13. OWNERSHIP AND CONTENT

    1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws of the United States and foreign countries. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
    2. Ownership of Trademarks. The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
    3. Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
    4. User Content Licensing. By sharing any content through our Services (referred to as “User Content”), you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works, display, perform, market, promote, and distribute your User Content in connection with operating and providing our Services and content to you and others. This license is non-exclusive, transferable, and sublicensable.

      Under this license, you allow us to:
      User Content Rights:
      1. Reproduction: Reproduce your User Content by any means and in any form.
      2. Distribution: Publicly or privately broadcast or make available your User Content (or any product incorporating it), with or without payment, in all locations, by any means or process, known or unknown, including but not limited to the Internet, pay-per-view, pay-per-play, theatrical or television broadcasting, DVD, print, or other media.
      3. Promotion: Use your User Content for demonstration, promotion, and advertising of all of our Services.
      4. Derivative Works: Produce or order the production of any new product or service from your User Content or any product incorporating or exploiting it, either as-is or modified by us or a third party of our choice.
      User Representations and Warranties:
      You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or have all necessary rights to grant us the license rights under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of it through the Services, nor any use of it by us on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you agree not to exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any User Content, against us or any third party designated by us.
    5. Notice of Infringement – DMCA (Copyright) Policy
      We have a deep respect for intellectual property rights, and we expect our users to share the same values. We actively monitor and remove any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, and patents.

      To maintain a fair and legal environment, we reserve the right to terminate user accounts that engage in repeated infringement activities. We take intellectual property violations seriously and will not hesitate to take appropriate actions to protect the rights of content creators and owners.

      If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
      1. identification of the copyrighted work that is claimed to be infringed;
      2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located in the Services;
      3. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
      4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
      5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
      6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.


      Notices of copyright infringement claims should be sent by e-mail to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who infringe copyrights or intellectual property rights of others.

      A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you

  14. THIRD PARTY SERVICES AND MATERIALS

    Our Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third-party websites (“Third Party Materials”). By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You acknowledge that our app may contain or provide access to content, materials, products, or services from third parties (“Third-Party Content”). Your use of any Third-Party Content is solely at your own risk. To the fullest extent permitted by applicable law, we disclaim all liability and responsibility for any Third-Party Content, including but not limited to its availability, quality, accuracy, or legality.

    Furthermore, the Services may rely on or integrate with third-party services, such as cell phone networks, hotspots, wireless internet, and other services (“Third-Party Services”). We do not control or endorse these Third-Party Services, and we are not responsible for their performance, availability, or any issues that may arise from their use. Your ability to access or use our Services may be affected by the quality and availability of these Third-Party Services. By using our Services, you hereby waive and release us, our affiliates, and any other parties involved in creating or delivering our Services from any claims, demands, causes of action, damages, losses, expenses, or liabilities that may arise from or relate to the use of Third-Party Services.

  15. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

    1. Disclaimers
      1. Disclaimer of Warranties. Our Services and Content are provided to you on an “as is” basis, without any warranties or guarantees of any kind, to the fullest extent permitted by applicable laws. We explicitly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We do not warrant that our Services will meet your requirements, or that it will be available uninterrupted, secure, or error-free.

        We make no representations or warranties regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content of our Services. The use of our Services and Content is at your own risk. We do not guarantee any specific results or outcomes from using our Services or any features thereof. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS-IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, attorneys, counsel, consultants, partners, and licensors (the “Company Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

        You assume all risks relating to your online or offline communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that the Company does not screen or inquire into the background of any users of the Services and makes no representations or warranties as to the conduct of users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or are available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
      2. Players in the United States: Where applicable, you understand that various rules, regulations and laws addressing Sweepstakes similar to those provided through the Services may apply to your participation in Sweepstakes (“Gaming Laws”), and that the U.S. federal government and each U.S. state, territory, or jurisdiction may have their own Gaming Laws that are subject to change. From time to time, we may prohibit access to the Services from certain jurisdictions via geo-location or other methods (“Prohibited Jurisdiction”). If you are located in any Prohibited Jurisdiction, you may not use our Services and any attempt to do so is a violation of these Terms. You acknowledge and agree that it is your responsibility to determine the laws of your state, jurisdiction, or territory as it relates to use of our Services. We reserve the right to monitor the location from which you access the Services to ensure compliance with these terms, and to block your access to the Services from any Prohibited Jurisdiction. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state, or other jurisdiction in which you reside and from which you access the Services. You are solely responsible for your compliance with all applicable laws and your failure to do so is a violation of these Terms. The Services, including the Sweepstakes, are void where prohibited or restricted by applicable laws. The Company Entities take no responsibility and assume no liability if applicable laws restrict or prohibit your access to or participation in any Sweepstakes.
      3. Players outside the United States: Where applicable, you understand that your country, province, state, territory, or other local jurisdiction may have various rules, regulations, and laws related to the Sweepstakes (“Applicable Laws”). You understand and agree that you are solely responsible for compliance with Applicable Laws and it is also your responsibility to determine which Applicable Laws apply to your particular actions. Your access to the Sweepstakes and participation in such Sweepstakes is at your own risk. By accessing our Services and participating in the Sweepstakes (or attempting to do so), you agree that you will not hold us responsible if the Applicable laws restrict or prohibit your activities.
      4. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN ANY SWEEPSTAKES OFFERED VIA THE SERVICES.
    2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1,000), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON OR THROUGH THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

      IN ADDITION, YOU AGREE TO PARTICIPATE IN AN INFORMAL DISPUTE RESOLUTION PROCESS OR ARBITRATION BEFORE PURSUING ANY LEGAL CLAIMS AGAINST THE COMPANY ENTITIES. THIS CAN HELP MANAGE AND POTENTIALLY REDUCE LEGAL COSTS AND LIABILITIES.
    3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any provision of these Terms or any applicable law or regulation, including your participation in any Sweepstakes in violation of Gaming Laws, (b) your violation of any rights of any third party, (c) your misuse of the Services, or (d) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

  16. ARBITRATION AND CLASS ACTION WAIVER

    1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

      This Section does not apply if you are (i) a resident of the EEA, or any jurisdiction which does not allow these arbitration provisions; (ii) if you opt out of arbitration as provided in this section, or (iii) qualify for the exceptions provided below.
    2. Informal Process First. You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
    3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company Entities including the Services, and any use or access or lack of access thereto, will be resolved by binding arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.
    4. Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:
      1. disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
      2. disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
      3. intellectual property disputes.
    5. Costs of Arbitration. Each party is responsible for its own costs and expenses related to arbitration and the Claim, except that fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of a Claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules.

      Opt-Out of Arbitration. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to __________ or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your first registering to use or use of the Services or agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
    6. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

      IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

  17. ADDITIONAL PROVISIONS

    1. SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of using the App. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to the sender using the mobile device that is receiving the messages, or by contacting______________. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
    2. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
    3. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company terminate immediately and automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason and without any obligation or liability to you. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name and any benefits, non-monetary rewards, or attributes of your account may be forfeited. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
    4. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
    5. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
    6. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
    7. Force Majeure. Neither the Company, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
    8. Governing Law and Exclusive Venue. To the extent that these Terms allow you or us to initiate litigation in a court, other than for small claims court actions, both you and the Company agree to the exclusive jurisdiction of and venue in the state and federal courts located in the State of ____________, County of __________. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of ______________, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
    9. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
    10. 16.10 How to Contact Us. You may contact us regarding the Services or these Terms at: 7 Bell Yard, London WC2A 2JR, United Kingdom, by phone at +44 (0) 345 077 2818 or by e-mail at [email protected].


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