DATE OF LAST UPDATE: February 4, 2025

​

These Terms and Conditions form a binding legal agreement between playSWEEPS, LLC, a Delaware limited liability company and you and apply to your use of any of our Games or our Platform in any way, through any electronic device (web, mobile, tablet or any other device).

 

IMPORTANT NOTE: THESE TERMS OF SERVICE CONTAIN A BINDING DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER PROVISION THAT REQUIRES YOU TO BRING ANY DISPUTES IN ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THAT SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH playSWEEPS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

You must read these Terms of Service carefully in their entirety before checking the box for acceptance. By checking the box for acceptance during the registration process, or by accessing the Games or creating a Player Account, you confirm that you have read and agree to be bound by these Terms of Service, which include and are inseparably linked to our Privacy Policy, Responsible Social Gameplay Policy, Sweepstakes Rules, Customer Acceptance Policy and other game-specific or promotion-specific terms relevant to your Participation.

If you do not agree with any provision of these Terms of Service 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 OF ANY TYPE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. PARTICIPANTS’ CHANCES OF WINNING WILL NOT BE INCREASED OR IMPROVED IN ANY WAY BY MAKING A PURCHASE OR PAYMENT OF ANY TYPE OR VALUE.

​

THE GAMES MAY PLAY DIFFERENTLY THAN SIMILAR LOOKING GAMES FOUND IN ACTUAL CASINO ENVIRONMENTS. THEREFORE, ANY SUCCESS WITH THE GAMES ON THE PLATFORM SHOULD NOT IMPLY FUTURE SUCCESS IN REAL MONEY GAMBLING. IF YOU BELIEVE THAT ANY OF OUR GAMES OR THE PLATFORM VIOLATE THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE OR PLAY FROM, YOU AGREE THAT YOU WILL NOT PLAY THE GAME OR USE THE PLATFORM.

​

ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF CONNECTICUT, IDAHO, MICHIGAN, MONTANA, NEBRASKA, NEVADA AND WASHINGTON) ARE ELIGIBLE TO ENTER THE SWEEPSTAKES. PLEASE REFER TO CLAUSE 1.1 OF THE SWEEPS RULES TO CHECK YOUR ELIGIBILITY.

​

1. DEFINITIONS

   Collective Action: means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, whether by arbitration or in court.

   
   Content: means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform.

   
   Excluded Territories: means the states of Connecticut, Idaho, Michigan, Montana, Nebraska, Nevada, North Dakota and Washington in the United States, as well as any outlying U.S. territories or possessions, and any other jurisdiction outside of the United States.

   
   Game(s): means any one or more Gold Coin and Sweeps Coin Game(s) available on the Platform. We reserve the right to add and remove Games from the Platform at our sole discretion.

   
   Gold Coins(s): means the virtual social gameplay token which enables you to play the Gold Coin Games. Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes.
   
   Gold Coin Games: means participating in any game on the Platform played with Gold Coins. We may give you Gold Coins free of charge when you sign up with the Platform and thereafter at regular intervals when you log in to the Platform. You may win more Gold Coins when you play in Gold Coin Games and you may purchase more Gold Coins on the Platform. YOU CAN NEVER WIN PRIZES OF MONETARY VALUE WHEN YOU PARTICIPATE IN GOLD COIN GAMES.

   
   Inactive Player Account: means a Player Account that has not recorded any log in or log out for a period exceeding 60 days.

   
   Participate: means playing any Games or using our Platform in any manner whatsoever.

   
   Payment Administration Agent: means any related body corporate, affiliate, or third party we appoint to act as our agent, including but not limited to playSWEEPS, LLC.

   
   Platform: means any URL or mobile application belonging to, or licensed to, playSWEEPS, LLC, at www.thewinzone.com and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.

   
   Player or You, you, your or Your: means any person who Participates, whether or not a Registered Customer.

   
   Player Account: means an account held by a Registered Player.

   
   Registered Customer: means a Player who has successfully registered a Player Account, whether that account is considered active or not.

   
   Service: means the availability and provision of the Games and the Platform that enable you to Participate.

   
   Sweeps Coin(s): means sweepstakes entries subject to the Sweepstakes Rules. We may give you Sweeps Coins free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our free alternative methods of entry as set out in the Sweepstakes Rules. You may win more Sweeps Coins when you Participate in the Sweeps Coin Games. YOU CANNOT PURCHASE SWEEPS COINS.

   
   Sweeps Coin Game(s): means participation in our sweepstakes promotions by playing any games on the Platform with Sweeps Coins.

   
   Terms of Service, Terms, or T&C’s: means these terms and conditions, as amended from time to time.

   
   Third Party Websites: means a third-party website not controlled by us.

   
   Virtual Items: means Gold Coins, Sweeps Coins, and other virtual in-game tokens and digital items that are made available to Players in the Games for entertainment, collection, gameplay, or other game-related or game enhancement features that may be provided for free or purchased through the Services for "real world" money where legally permissible.
    

2. Acceptance of Terms

   1. These Terms of Service are a legal agreement between You and playSWEEPS. By using the Platform in connection with services provided by playSWEEPS or otherwise accessed through the use of the Platform (such services and the Platform collectively, the "Service").

   2. You agree that you have read, understood, accept and agree to be bound by these Terms. By using the Service or by clicking "accept" to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our privacy notice, found at www.playstudios.com/privacy-policy/ ("Privacy Notice"), incorporated in these Terms by reference. If you do not agree to these Terms, you must not access or otherwise use the Service.

   3. playSWEEPS reserves the right, from time to time in its sole discretion, to modify or change these Terms at any time by posting the changes on or within www.thewinzone.com or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. playSWEEPS may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that playSWEEPS may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

   4. playSWEEPS reserves the right to withdraw or amend the Service in our sole discretion without notice. playSWEEPS will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, playSWEEPS may restrict access to some parts of the Service, or the entire Service, to you or other users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Service.

3. Privacy.

   playSWEEPS will only use personal information that you provide in connection with your use of the Service in accordance with the terms of our Privacy Notice available within the Platform. By accessing or using the Service, you consent to the collection, use and storage of your information as outlined in the Privacy Notice. Questions regarding privacy issues should be directed to our customer service department.

4. Eligibility.

   Your eligibility for continued use of the Service is contingent on Your ongoing compliance with these Terms, in particular:

   1. You are over at least 21 years of age or the minimum legal age of majority whichever is higher in the jurisdiction of Your residence and are, under the laws of the jurisdiction(s) applicable to You, legally allowed to participate in the Games and access the Service;

   2. You understand and accept that we are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Service;

   3. You will monitor Your Player Account and ensure that person other than you can access the Service using Your Player Account. You accept full responsibility for any unauthorized use of the Service by any other person and You acknowledge that You are responsible for any use of the Service, including use of Your credit card or other payment instrument by minors;

   4. You do not reside in and will not access the Games or Service from anywhere within the Excluded Territories;

   5. You participate in the Games strictly in Your personal capacity for recreational and entertainment purposes only and You participate in the Games on Your own behalf and not on the behalf of any other person;

   6. All information that You provide to us during the term of validity of these Terms is true, complete and correct and You will notify Us of any changes to such information;

   7. 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 Virtual Items provided to you by Us via the Platform;

   8. You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your 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 behavior;

   9. In relation to the purchase of Gold Coins You must only use a valid Payment Mechanism that lawfully belongs to You.

5. Player Account Information

   1. In order to access and use the Platform (including, but not limited to accumulating, purchasing and redeeming Virtual Items) you must be a Registered Participant and create a Player Account with playSWEEPS by registering with your email address or authenticating through an alternative method (e.g. Facebook, Apple, etc.).

   2. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument by minors.

   3. Any personal information you provide to us, which may include your name, birth date and email address, will be held and used in accordance with playSWEEPS's Privacy Notice. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

   4. Your username, password, or any other piece of information that you choose or are provided in order to create a Player Account must be treated as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Player Account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared mobile device so that others are not able to view or record your password or other personal information. playSWEEPS has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

   5. Inactive Player Accounts. If you do not use your Player Account by logging in and using the Service at least once every 60 days, your Player Account will be deemed inactive. When a Player Account has been deemed inactive, playSWEEPS may, at its own discretion, expire any Virtual Items accumulated by You. Once your Player Account is deemed inactive, any Virtual Items which have been purchased but not yet consumed or redeemed may also be expired at the discretion of playSWEEPS.

   6. Forfeiture. Sweeps Coins or Gold Coins may be forfeited if a Player Account is deactivated for any reason.

   7. Mistaken Credits. If we mistakenly credit your Player Account from time to time with Gold Coins, Sweeps Coins, or Prizes that do not belong to you, whether due to a technical error, human error or otherwise, the amount credited will remain the property of playSWEEPS and will be deducted from your Player Account at the earliest opportunity.

6. Verification

   1. You acknowledge that we are entitled to conduct verification checks (including but not limited to credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.

   2. You agree that we may restrict Your opening or use of a Player Account pending any verification checks having been completed to our satisfaction.

   3. You may be asked to provide documentation to complete the verification process. The documents required may include identification documentation including but not limited to a government issued identification document such as a passport or driver’s license; a utility bill that matches the address registered on Your Player Account; and source of funds documentation such as a paycheck stub or bank statement.

   4. You acknowledge that we are committed to providing a safe play environment for our users and the company and we reserve the right to obtain enhanced due diligence for all high-risk players which may include Politically Exposed Persons (“PEP”) and/or any Registered Player. We reserve the right to carry out such additional verification procedures at any time.

   5. In the event that any verification check cannot be completed because You have failed to provide any document, we requested from You in the form that we require within 30 days’ from the date the document was first requested, then we may, in our sole discretion, immediately suspend your Player Account, deactivate or otherwise restrict Your Player Account.

   6. You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks based on the information provided by You from time to time. You must enable and allow “Locations Services” on Your device or PC in order to operate the Services or access your Player Account.

   7. We reserve the right to monitor your transaction activity. If we believe you are engaging in suspicious behavior, we reserve the right prevent you from engaging in any further transactions (including deposits and withdrawals) until additional verification procedures and due diligence are conducted to our satisfaction. If you refuse to provide the information that is requested pursuant to these procedures, or, if you intentionally provide factually inaccurate information, we reserve the right to permanently close your Player Account, and, if appropriate, report you to applicable regulatory authorities

7. Purchases of Gold Coins

   1. The Payment Mechanism you use to purchase Gold Coins must be legally and beneficially owned by you and in your name. The name on Your Payment Mechanism must match the name on Your Player Account. If it comes to our attention that the name You registered on Your Player Account and the name linked to Your Payment Mechanism differ, Your Player Account will be suspended, purchases may be voided, and any Virtual Coins balance may be adjusted accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost or stolen or if the security of Your Payment Mechanism has otherwise become compromised.

   2. We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Mechanism you use to make Gold Coin purchases.

   3. All foreign exchange transaction fees, charges or related costs that may be incurred as a result of, or in relation to, your purchase of Gold Coins, are to be borne solely by you, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.

   4. 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 from or to You on our behalf.

   5. If one or more of Your Gold Coins purchases is subject to a charge back request, Your account will be suspended. In the event of any charge back on Your account, the amount of the charge back will be a debt owed by You to us and You must immediately submit payment for such purchases through an alternative Payment Mechanism.

   6. You agree that we and/or our Payment Agents appointed by us from time to time may store Your Payment Mechanism details to process future purchases. By accepting these Terms, you authorize us and/or our Payment Agents to store Your payment credentials in compliance with applicable payment processing regulations.

   7. A Payment Agent will have the same rights, powers and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to You for any loss, damage or liability resulting from the Payment Agent’s negligence and/or acts beyond the authority given by us.

   8. All Gold Coins purchases will be in USD.

   9. If You purchase Gold Coins, they will be added to Your account instantaneously unless there is any delay due to situations outside our control such as poor internet connectivity, internet failure or electricity outages.

   10. When You purchase Gold Coins, it will appear on Your statement as a purchase from “Playsweeps, LLC”.

   11. When You purchase Gold Coins, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your account confirming that the transaction has taken place.

   12. When You log into Your Player Account Your Gold Coins balance will be displayed in the upper right-hand corner of Your screen both on mobile and on desktop.

   13. Gold Coins will automatically expire after an account becomes Dormant. For the purpose of these Terms “Dormant” means there has been no game play activity utilizing Gold Coins for a consecutive period of sixty (60) days.

   14. NO REFUNDS. PURCHASES OF GOLD COINS ARE FINAL AND ARE NOT REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE. You agree to notify us about any billing problems or discrepancies within 30 days of the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized.

   15. Our Customer Support can be reached twenty-four hours seven days a week via the Contact Us page by submitting a request form. The expected response time is as soon as possible up but can take up to twelve (12) hours.

8. Promotions and Contests Rules

   1. In addition to these Terms, Games offered on the Service may have their own rules which are available on the Service. It is Your responsibility to read the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and read the relevant rules before playing any Game.

   2. In addition to these Terms, Sweepstakes promotions offered through the Service have their own rules and can be found here: Sweepstakes Rules. It is Your responsibility to read the rules of any Sweepstakes promotions before participating. You must familiarize Yourself with the applicable terms of the promotion and read the relevant rules before participating in the promotion.

   3. All promotions, including contests, special offers, and bonuses are subject to these Terms and to additional terms that may be published at the time of the promotion.

   4. In the event and to the extent of any conflict between these Terms and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.

   5. We reserve the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.

   6. We reserve the right at our sole discretion and without any requirement to give reasons to exclude You from any promotions, contests or special offers that are offered from time to time.

   7. We reserve the right to exclude You from any promotions, contests or special offers if we believe that You have tried to enter by using more than one Player Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Your local jurisdiction), whether or not You would have or might have won but for such activity. Where multiple entries/accounts have been used, we reserve the right to suspend these accounts and withhold any promotional benefits.

9. License

   1. To use the Service you must have a computer with a web browser or a mobile device that is compatible with the Platform. playSWEEPS does not warrant that the Platform will be compatible with your mobile device. If you decide to use the Service, you do so subject to your agreement and compliance with these Terms, the Privacy Notice, and Sweepstakes Rules.

   2. playSWEEPS hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Platform for one Player Account through a supported Web browser or mobile device. playSWEEPS also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Platform. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Platform or any other part of the Service, and must refrain from using it.

   3. You may not:

      1. modify, disassemble, decompile or reverse engineer the Platform;

      2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Platform to any third party or use the Platform to provide time sharing or similar services for any third party;

      3. make any copies of the Platform;

      4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on use of the Platform; or

      5. delete the copyright and other proprietary rights notices on the Platform.

   4. You acknowledge that playSWEEPS may from time to time issue upgraded versions of the Platform, and may automatically electronically upgrade the version of the Platform that you are using on your mobile device, but that playSWEEPS has no obligation to do so. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms, as amended from time to time, will apply to all such upgrades. The foregoing license grant is not a sale of the Platform or any copy thereof, and playSWEEPS and its third party licensors or suppliers retain all right, title, and interest in and to the Platform (and any copy of the Platform). Standard carrier data charges may apply to your use of the Platform.

   5. You acknowledge and agree that Your license to use the Platform is limited by these Terms and if You do not agree to, or act in contravention of, these Terms, Your license to use the Platform (including the Games and Services) may be immediately terminated.

10. Virtual Items.

    1. If you play our Gold Coin Games, you will receive an allotment of Gold Coins as a daily participation bonus.

    2. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance or real points or its equivalent. Rather, by "earning", "buying", or "purchasing" Virtual Items (whether through the use of in-Platform purchases or as a bonus or award), you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. In the event playSWEEPS encounters issues with the Platform that impact the accumulation of Virtual Items, playSWEEPS reserves the right to correct any such errors. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Player Account, termination of these Terms, and/or the discontinuation of the Service. Sweeps Coins may never be purchased.

    3. playSWEEPS prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by playSWEEPS in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items for real money, or exchange Virtual Items for value of any kind outside of the Platform. Any such transfer or attempted transfer is prohibited and void, and will subject your Player Account to termination.

    4. You acknowledge and agree: (a) that playSWEEPS may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that playSWEEPS has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items.

    5. playSWEEPS reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that playSWEEPS shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. playSWEEPS may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. playSWEEPS owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service.

    6. Notwithstanding any provision to the contrary in these Terms, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether "earned" in a Platform or "purchased" from playSWEEPS.

11. Prize Redemption Methods for Sweeps Coin Games

    1. In addition to these Terms, Sweepstakes promotions offered through the Service have their own rules and can be found here: Sweepstakes Rules. It is Your responsibility to read the rules of any Sweepstakes promotions before participating. You must familiarize Yourself with the applicable terms of the promotion and read the relevant rules before participating in the promotion.

    2. Subject to these Terms and the Sweeps Rule:

       1. When you choose to redeem Prizes for gift cards, the gift cards will be allocated to the email address that you have registered against your Player Account, or if this is not technically possible, then to an alternative email address you nominate, provided that email address is also your address and not that of a third party. It is your sole responsibility to ensure that the email address and all relevant details you provide are accurate. If the details you have provided are not accurate, and we have processed the redemption using the details you have provided, the redemption of that Prize is complete and we are not required to reissue the gift cards; and

       2. When you choose to redeem Prizes for cash, the cash payment will be made to the Payment Mechanism from which you purchased Gold Coins, or if this is not technically possible, then to an alternative financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Gold Coins, or a specific payment method at our own discretion.

       3. All taxes associated with the redemption of Prizes are the solely your responsibility.

    3. Limits and Fees

       1. We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption threshold for Prize redemptions.

       2. In New York and Florida, the maximum redemption value for a Prize won on any one spin or play is USD $5,000 and any Prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD $5,000.

       3. We reserve the right, in our sole discretion, to limit the value of your Prize redemptions to either

          1. USD $10,000 per day; or

          2. Any other amount over any time that we consider necessary to satisfy our regulatory obligations or the requirements of our partners and suppliers.

12. Customer Support; Complaints

    1. If You have an issue or concern in relation to the Service, You may contact us by selecting the “Help Center” link on the Platform and completing the submission form.

    2. Customer claims of any nature must be submitted for consideration within three (3) months of the issue giving rise to the claim.

    3. To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your Player Account for the Service. Failure to do so may result in our response being delayed. The following information must be included in any written communication with us (including a complaint):

       1. Your user ID;

       2. Your first and last name, as registered on Your Player Account;

       3. detailed explanation of the support request;

       4. any specific dates and times associated with the support request (if applicable).

    4. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner. Upon receipt, we will endeavor to reply to Your communication within seventy-two (72) hours.

    5. Further, best efforts will be made to resolve any issue promptly, if for some reason You are not satisfied with the resolution of Your complaint/claim, You may pursue arbitration as set out below.

13. Third Party Providers of Goods and Services

    1. Your correspondence or business dealings with, or participation in promotions sponsored by any third party providers of goods or services made available on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party provider and solely at your own risk. You hereby release playSWEEPS (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.

    2. You further acknowledge that some third party websites may be fraudulent in nature, offering Gold Coins or Sweeps Coins which the operators of those websites are not authorized to provide, in an effort to induce you to reveal personal information (including passwords, account information and credit card details). You agree that playSWEEPS is not responsible for any actions you take at the request or direction of these, or any other third party websites. WE DO NOT AUTHORIZE ANY THIRD PARTY TO OFFER GOLD COINS OR SWEEPS COINS. Any such offer should be deemed fraudulent and disregarded.

14. Termination.

    1. playSWEEPS may terminate or suspend your Player Account (including, but not limited to, suspending your ability to purchase, redeem or consume Virtual Items) and/or your access to Service (including, but not limited to, restricting your ability to use the Platform) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Virtual Items that you have accumulated. playSWEEPS shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Player Account at any time by discontinuing your use of the Service and/or the Platform and, if applicable, removing the Platform from your Facebook account. Please note that removing the Platform from your Facebook account will remove all personally identifiable information held by playSWEEPS and all of the Virtual Items (including any Gold Coins and Sweeps Coins) that you have accumulated will be lost. playSWEEPS is in no way liable to you for the effects of any termination or cancellation of your use of the Service or the Virtual Items you have accumulated.

    2. If your Player Account is deactivated as a result of closure of the Platform or similar event, any temporary licenses granted to You shall immediately be terminated and no refunds for purchases of Gold Coin purchases shall be due.

    3. The rights set out in clause 18 are without prejudice to any other rights that we may have against you under these Terms or otherwise.

15. User Content and Feedback

    1. The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics ("User Content"). playSWEEPS cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential, do not post it on the Service. playSWEEPS IS NOT RESPONSIBLE FOR ANY USER'S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. playSWEEPS may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service.

    2. By making available any User Content through the Service, you hereby grant to playSWEEPS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. playSWEEPS does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to playSWEEPS the rights in such User Content as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or playSWEEPS's use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    3. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by playSWEEPS, and these communications should not be considered reviewed or approved by playSWEEPS. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that playSWEEPS will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. playSWEEPS reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. Without limiting the foregoing, playSWEEPS has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS playSWEEPS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY playSWEEPS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER playSWEEPS OR LAW ENFORCEMENT AUTHORITIES.

    4. You hereby agree that, to the maximum extent permitted by applicable law, playSWEEPS shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

    5. playSWEEPS welcomes and encourages your feedback, comments and suggestions for improvements to the Service ("Feedback"). You may submit Feedback HERE. You acknowledge and agree that all Feedback will be the sole and exclusive property of playSWEEPS and you hereby irrevocably assign to playSWEEPS and agree to irrevocably assign to playSWEEPS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At playSWEEPS's request and expense, you will execute documents and take such further acts as playSWEEPS may reasonably request to assist playSWEEPS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

16. General Rules of Conduct and Usage.

    1. You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, playSWEEPS or other users, and that you shall not act in bad faith in your use of the Service. If playSWEEPS determines that you do act in bad faith in violation of these Terms, or if playSWEEPS determines that your actions fall outside of reasonable community standards, playSWEEPS may, at its sole discretion, terminate your Player Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not engage in any of the following conduct (“Prohibited Conduct”):

       • Create a Player Account or access or use any part of the Service if you are under the age of 21;

       • Use the Service if you are located in the Excluded Territories;

       • Use the Service if you are on the U.S. Treasury Department's list of Specially Designated Nationals;

       • Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;

       • Access, tamper with, or use non-public areas of the Service, playSWEEPS's computer systems, or the computer systems of our providers and partners;

       • Attempt to probe, scan, or test the vulnerability of any playSWEEPS's system or network or breach any security or authentication measures;

       • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by playSWEEPS or any of our providers or any other third party (including another user) to protect the Service or any part thereof;

       • Attempt to use the Service on or through any platform or service that is not authorized by playSWEEPS;

       • Post, upload, publish, submit, provide access to or transmit any User Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;

       • Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;

       • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

       • Create false personas, multiple identities, multiple Player Accounts, set up a Player Account on behalf of someone other than yourself or otherwise attempt to override or avoid any limits or restrictions established by playSWEEPS;

       • Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;

       • Upload or transmit (or attempt to upload or to transmit), without playSWEEPS's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;

       • Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;

       • Exploit, distribute or publicly inform other users of the Service of any Platform error or bug which gives users an unintended advantage;

       • Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;

       • Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Player Account or any Virtual Items associated with your Player Account to anyone without playSWEEPS's written permission;

       • Access or use a Player Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Player Account creator without playSWEEPS's permission;

       • Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

       • Violate any applicable law or regulation;

       • Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;

       • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or

       • Encourage or enable any other individual or group to do any of the foregoing.

    2. If playSWEEPS suspects that you may be engaging in or have engaged in Prohibited Conduct, or any other fraudulent, unlawful, or improper conduct not listed above, including but not limited to money laundering activities or conduct that otherwise violates these Terms, your access to the Platform will be suspended immediately and your Player Account may be closed. If your Player Account is suspended or closed under such circumstances, playSWEEPS is under no obligation to reverse any Gold Coin purchases you have made or to redeem any Sweeps Coins or Prizes that may be in your Player Account. In addition, playSWEEPS may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions. You will cooperate fully with any playSWEEPS investigation into such activity.

    3. If you suspect another player of engaging in Prohibited Conduct or any other unlawful or fraudulent activity please notify us immediately.

17. Intellectual Property Ownership.

    The Service and all content thereon (including computer software and graphics) or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, playSWEEPS and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. Your use of the Games and Platform does not provide you with any intellectual property rights in the Content, Games or Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not

    • Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without playSWEEPS's explicit, prior written permission;

    • Use, display, mirror or frame the Service, or any individual element within the Service;

    • Use the intellectual property of playSWEEPS, or any playSWEEPS's licensor, to adapt, modify or create derivative works based on such intellectual property;

    • Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or

    • Use or reproduce any playSWEEPS's licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.

18. Links to Third Party Platform.

    1. The Service may contain links to third-party websites or resources that are not owned or controlled by playSWEEPS. You acknowledge and agree that playSWEEPS is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. playSWEEPS does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by playSWEEPS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge that third party websites are subject to the terms and conditions outlined by that third party.

    2. Where a website controlled and operated by playSWEEPS contains links to various social networking sites, such as Facebook®, Instagram® and Twitter®, you acknowledge and agree that:

       1. Any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site;

       2. You will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other players; and

       3. We are not responsible or liable for any comments or content that you or others post on social networking sites.

19. DMCA Notice.

    If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to playSWEEPS's designated agent the following information:

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

    • A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

    playSWEEPS's designated agent for claims of copyright infringement can be reached as follows: by email at support@playstudios.com or by mail at:
    playSWEEPS Legal Department
    10150 Covington Cross Drive
    Las Vegas, NV 89144
    You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your DMCA notice may not be valid and we may not be able to remove infringing content.
    Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

20. Updates to the Platform and Service; Maintenance.

    You acknowledge and agree that playSWEEPS may update the Service with or without notifying you. playSWEEPS may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. playSWEEPS conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Player Account, can be reported to playSWEEPS when the problem is encountered HERE.

21. DISPUTE RESOLUTION AND ARBITRATION

    1. YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, OR EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND PLAYSWEEPS, ANY AND ALL DISPUTES (AS DEFINED IMMEDIATELY BELOW) BETWEEN YOU AND PLAYSWEEPS WILL BE DETERMINED IN BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR IN SMALL CLAIMS COURT, INSTEAD OF COURTS OF GENERAL JURISDICTION. FOR THE PURPOSE OF THIS DISPUTE RESOLUTION AND ARBITRATION PROVISION, “PLAYSWEEPS” MEANS PLAYSWEEPS AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATE COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. YOU AND PLAYSWEEPS AGREE THAT THE U.S. FEDERAL ARBITRATION ACT (“FFA”) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND ALL DISPUTES. YOU AND PLAYSWEEPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    2. The term "Dispute" means any dispute, claim, or controversy between you and playSWEEPS regarding any aspect of, or arising out of, your relationship with playSWEEPS, including your use of the Platform and/or the Service, and/or this Agreement, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution and Arbitration Provision (with the exception of the enforceability of the Multi-party Proceedings clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

    3. Before either you or playSWEEPS initiates arbitration or a small claims court proceeding to resolve a Dispute you and playSWEEPS each agree to send to the other party a written notice that describes in detail the Dispute and the relief sought (“Notice”) to allow the parties to attempt to resolve the dispute informally. The Notice should include your preferred mailing address and email address and should be sent by U.S. Mail. You agree to send your Notice to playSWEEPS Legal Department, 10150 Covington Cross Drive, Las Vegas, Nevada 89144. Any Notice to you from playSWEEPS will be sent the email address associated with your App account.

    4. Your Notice must include (1) your name, (2) your address, (3) your support code or player ID and email address used to establish your game account (so that we can verify that you are a player of one or more of our Platform); (4) a written description of your claims or allegations that provide sufficient specificity for us to understand the Dispute and attempt to revolve it, and (5) a description of the specific relief you seek. If your initial Notice does not provide sufficient detail about your Dispute for a reasonable person to understand the specifics of your Dispute, playSWEEPS may ask for additional information and you agree to provide such additional information.

    5. A Notice by playSWEEPS must include (1) a written description of its claims or allegations that provide sufficient specificity for You to understand the Dispute and attempt to revolve it, and (2) a description of the specific relief it seeks. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this section.

    6. If the Dispute is not resolved within each agree to negotiate any Dispute between us in good faith. You and playSWEEPS each agree that neither may initiate 60 days after the later of the date that the initial Notice is received, or a supplemental notification ir provided after responding to a request for additional information, either party may pursue the Dispute in arbitration or a small claims court proceeding unless the parties have made a good faith effort to resolve the Dispute through the informal dispute resolution procedure.

    7. For Disputes that the parties cannot resolve within the time period set forth above, despite those good faith efforts, either you or playSWEEPS may start arbitration or small claims proceedings. The arbitration of all Disputes will be in binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) and administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration commenced, which are available at www.adr.org. This Dispute Resolution and Arbitration provision governs in the event it conflicts with the applicable AAA rules. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations.

    8. If the Dispute asserted in any request or demand for arbitration could have been brought in small claims court, then either you or playSWEEPS may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The claim must be brought (i) in the small claims court in your county of residence, and if your county does not have a small claims court, then the small claims court closest in proximity to your residence, or (ii) in small claims court in Clark County Nevada. Any dispute about whether a Dispute qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the Dispute should proceed in arbitration.

    9. The arbitration of any Dispute will be conducted by a single arbitrator. The arbitrator is bound by this Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING JURISDICTIONAL AND ARBITRABILITY ISSUES, AND THE FORMATION, EXISTENCE, VALIDITY, INTERPRETATION, AND SCOPE OF THIS DISPUTE RESOLUTION AND ARBITRATION PROVISION.

    10. All arbitration hearings will be conducted in Las Vegas, Nevada except that you can choose to have an arbitration hearing conducted in the federal judicial district nearest the mailing address you provided in your Notice.

    11. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator may award, on an individual basis, any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. playSWEEPS will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Dispute or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This arbitration provision shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction, including whether an arbitration demand is filed in violation of this Agreement.

    12. Unless playSWEEPS or you seek to have a Dispute resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Dispute asserted by you or playSWEEPS and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute. To the extent that you or playSWEEPS prevail on a Dispute and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Disputes in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.

    13. Payment of all filing, case management, and arbitrator fees will be governed by the AAA rules. If you are a consumer who initiates arbitration against playSWEEPS, playSWEEPS will reimburse you for any filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence. If the arbitrator finds that either the substance of your Dispute or the relief sought in your arbitration demand was frivolous or was 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 AAA rules and playSWEEPS will not reimburse your initial filing fee.

    14. playSWEEPS will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Dispute or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    15. YOU AND playSWEEPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, OR FOR THE BENEFIT OF A NON-PARTY (for purposes of these Terms of Service, these types of claims and actions will be referred to as a “Class Action”). If you or playSWEEPS have elected arbitration, unless both you and playSWEEPS agree otherwise, the arbitrator may not consolidate any other person’s Dispute with your or playSWEEPS’s Dispute and may not otherwise preside over any form of a Class Action, and you and PLAYSTUDISO each expressly waive the right to do so. If you or playSWEEPS believes that any Dispute that the other has filed in arbitration or in court is inconsistent with this paragraph, then you or playSWEEPS may seek an order from a court determining whether the other’s Dispute is within the scope of the limitations set forth in this paragraph. If a court or an arbitrator determines that any of the agreed upon limitations set forth in this paragraph is unenforceable with respect to any Dispute, remedy, or request for relief, then the unenforceable limitation will not apply to that Dispute, remedy, or request for relief. But the remaining limitations will still apply to all other Disputes, remedies, and requests for relief that you or playSWEEPS may assert in that or any other action. In any such case, you and playSWEEPS agree that the parties will arbitrate all Disputes, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved Disputes, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. The parties agree that any statutes of limitations applicable to the unresolved Disputes, remedies, or requests for relief shall be tolled pending the outcome of any individual Disputes in arbitration.

    16. YOU MAY OPT-OUT OF THE FOREGOING DISPUTE RESOLUTION AND ARBITRATION PROVISIONS BY NOTIFYING playSWEEPS IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. YOU MUST SEND SUCH WRITTEN NOTIFICATION TO ATTN: PLAYSWEEPS LEGAL DEPARTMENT, 10150 COVINGTON CROSS DRIVE, LAS VEGAS, NEVADA 89144 AND INCLUDE (1) YOUR NAME, (2) YOUR EMAIL ADDRESS AND MAILING ADDRESS, AND (3) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30-DAY TIME LIMIT TO OPT-OUT. ANY OPT-OUT RECEIVED AFTER THE 30-DAY TIME LIMIT TO OPT-OUT WILL NOT BE VALID AND YOU WILL BE REQUIRED TO PURSUE YOUR DISPUTE PURSUANT TO THESE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS.

    17. Notwithstanding the foregoing or any other terms to the contrary, IN THE EVENT A DISPUTE ARISES OR HAS ARISEN BETWEEN YOU AND playSWEEPS THAT IS NOT ARBITRATED FOR ANY REASON, YOU AGREE THAT SUCH DISPUTE will be resolved individually, without resort to any form of class action

    18. Severability. If any part of this Dispute Resolution and Arbitration Provision (other than the Class Action waiver above) is held invalid, then that part may be severed from this Dispute Resolution and Arbitration Provision, and the remainder of this Dispute Resolution and Arbitration Provision will be given full force and effect.

    19. Confidentiality. Except as may be required by law, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without prior written consent of both parties.

    20. Survival of Dispute Resolution and Arbitration Provision. This Dispute Resolution and Arbitration Provision shall survive the termination of your use of the Platform or any part of the Service.

22. One Year Claims Limitations Period.

    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPS OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD) OR BE FOREVER BARRED

23. Disclaimer of Warranties

    1. THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, playSWEEPS, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "PLAYSWEEPS PARTIES") EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE playSWEEPS PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE playSWEEPS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.

    2. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    3. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT playSWEEPS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES playSWEEPS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE PLAYSWEEPS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION.

    4. We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by You to participate by methods, means or ways not intended by us.

    5. We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Service including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Service or any errors or omissions in the Service.

    6. In the event of a Service system malfunction then all Game play on the Service will be void.

    7. In the event of an error or malfunction in a Game, then all Game play resulting from the error or malfunction will be voided.

    8. We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting, game data, Virtual Coins balances, balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Service. Player balances and account details may be altered by us in such cases in order to correct any mistake.

    9. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

    10. The Company monitors legal changes taking place across the world. In the event of any proposed legal change in any region, we reserve the right to immediately suspend all access to the Platform for any user playing from where the proposed changes are occurring. In the event of such a change, all Sweeps Coins, Prizes, and Gold Coins shall be void with no financial compensation offered.

    11. We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.

    12. In the event a Game is started but fails to conclude because of a failure of the system, playSWEEPS will use commercially reasonable efforts to reinstate the amount of Gold Coins or Sweeps Coins played (whichever applicable) in the Game to you by adding them to your Player Account. playSWEEPS reserves the right to alter Player balances and account details to correct such mistakes.

    13. If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then we will not be liable to award You any such Virtual Coins or prizes and You agree that any such Virtual Coins or prizes that have been awarded in error to Your Player Account will be voided.

    14. We retain absolute discretion in the event of a discrepancy between the result showing on a user’s device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.

24. Limitation of Liability.

    1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATIONS, REMAINS WITH YOU. NEITHER THE playSWEEPS PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE playSWEEPS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    2. IN NO EVENT WILL THE PLAYSWEEPS PARTIES' AGGREGATE LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT, EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN playSWEEPS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

25. Indemnity.

    You agree to indemnify, save, and hold the playSWEEPS Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. playSWEEPS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify playSWEEPS, and you agree to cooperate with playSWEEPS's defense of these claims. playSWEEPS will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity provision will survive any termination of your Player Account (if applicable) or of your access to or use of the Service.

26. Viruses.

    Although we take all reasonable measures to ensure that the Platform is free from viruses we cannot and do not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

27. Territorial Availability.

    The Platform, or any feature thereof (including any and all Games, promotions, Services, and Content), may not be available in all territories and jurisdictions and the Company makes no representation that the Platform is or shall remain available for use in any particular territories and jurisdictions. You acknowledge and agree that playSWEEPS may (at its sole discretion) change, restrict or prohibit the availability of all or a portion of the Platform in certain territories and jurisdictions at any time, and you will have no claims against playSWEEPS in such regard.

28. Additional Mobile Platform Terms.

    The following additional terms and conditions apply with respect to any of the Platform that playSWEEPS provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

    • You acknowledge that these Terms are between you and playSWEEPS only, and not with Apple, Inc. ("Apple").

    • Your use of the iOS App must comply with usage rules set forth in Apple's then-current App Store Terms of Service.

    • playSWEEPS, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.

    • You agree that playSWEEPS, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

    • You agree that playSWEEPS, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

    • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

    • You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

    • You agree that Apple and Apple's subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. 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 they relate to your license of the iOS App as a third party beneficiary thereof.

    The following additional terms and conditions apply with respect to any of the Platform that playSWEEPS provides to you designed for use on an Android-powered mobile device (an "Android App"):

    • You acknowledge that these Terms are between you and playSWEEPS only, and not with Google, Inc. ("Google").

    • Your use of the Android App must comply with Google's then-current Google Play Terms of Service.

    • playSWEEPS, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.

29. Controlling Law and Jurisdiction.

    These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Except as provided in the "Dispute Resolution and Arbitration" Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the District of Nevada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

30. Entire Agreement.

    These Terms constitute the entire and exclusive understanding and agreement between playSWEEPS and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between playSWEEPS and you regarding the Service.

31. Assignment.

    You may not assign or transfer these Terms, by operation of law or otherwise, without playSWEEPS's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. playSWEEPS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

32. Notices.

    Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by playSWEEPS (a) via email (in each case to the address that you provided by your Facebook Login) or (b) by posting to the Service. Any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to playSWEEPS Legal Department, 10150 Covington Cross Drive, Las Vegas, NV 89144. Any notices that you provide without compliance with this section shall have no legal effect.

33. California Consumer Notice.

    Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by playSWEEPS, 10150 Covington Cross Drive, Las Vegas, NV 89144. If you have a question or complaint regarding the Service, please contact Customer Support. You may also contact us by writing to playSWEEPS, Attn: Customer Support, 10150 Covington Cross Drive, Las Vegas, NV 89144. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

34. Waiver; Severability.

    The failure of playSWEEPS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of playSWEEPS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

35. Tax.

    You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation. playSWEEPS does not provide tax or legal advice, nor should any statement in these Terms or on the Platform be construed as tax or legal advice.

36. playSWEEPS Not a Financial Institution.

    You will not receive any interest on outstanding Prizes, and you will not treat playSWEEPS as a financial institution.

37. No Agency.

    Nothing in these Terms will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.

THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.