Last Updated: May 15, 2026
Issued by: Kernel Games Inc. (the "Company," "we," "us," or "our")
IMPORTANT NOTICE:
THESE TERMS OF SERVICE (THE "TERMS") INCLUDE A CLASS ACTION WAIVER AND A REQUIREMENT THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU GIVE UP THE RIGHT TO FILE OR PARTICIPATE IN ANY CLASS, COLLECTIVE, GROUP, OR REPRESENTATIVE PROCEEDING, AND YOU AGREE THAT ALL PAST, PRESENT, AND FUTURE DISPUTES BETWEEN YOU AND US MUST BE BROUGHT IN INDIVIDUAL ARBITRATION, UNLESS YOU PROPERLY OPT OUT WITHIN THE APPLICABLE TIME PERIOD DESCRIBED IN SECTION 14.
THESE TERMS ALSO CONTAIN A WAIVER OF THE RIGHT TO A JURY TRIAL. PLEASE SEE SECTION 14.4 BELOW FOR DETAILS.
OUR SERVICES (DEFINED BELOW) DO NOT CONSTITUTE "REAL MONEY GAMBLING." YOU DO NOT HAVE TO PAY TO PARTICIPATE, AND ANY PURCHASE OR PAYMENT DOES NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. THE SERVICES ARE PROVIDED SOLELY FOR ENTERTAINMENT AND RECREATIONAL PURPOSES AND ARE VOID WHERE PROHIBITED.
THESE TERMS MUST BE READ TOGETHER WITH THE SWEEPSTAKES RULES, THE PRIVACY POLICY, THE RESPONSIBLE GAMING POLICY, AND THE GAME STATEMENT (TOGETHER, THE "INCORPORATED POLICIES"). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE INCORPORATED POLICIES.
These Terms constitute a legally binding and enforceable agreement between you (the "User," "you," or "your") and the Company. They establish the controlling terms for your access to, use of, and engagement with all of our digital products and offerings, including our official websites, mobile applications, online games, user profile systems, and all related features, tools, and ancillary or supplemental services (collectively, the "Services"). By accessing or using any portion of the Services, you represent that you have the legal capacity to satisfy all age and eligibility requirements stated in these Terms and that you have read, understood, and unconditionally accepted all terms, provisions, and conditions set forth in these Terms.
1. Agreement Revisions & Incorporated Policies
1.1 Modifications to the Agreement
The Company retains the sole, absolute, and unrestricted right, in its sole discretion, to amend, modify, update, revise, or replace any part of these Terms at any time for any business, operational, or legal purpose. The most current and enforceable version of these Terms will always be posted prominently and made readily accessible through the Services. Any revised Terms will be made available via the Services, and we will provide notice of updates through the Services or by other means. Your continued access to or use of the Services on or after the effective date of any update constitutes your unconditional acceptance of the revised Terms in full.
1.2 Updates to Incorporated Policies
These Terms incorporate by reference the Incorporated Policies, including the Privacy Policy, the Responsible Gaming Policy, and the Sweepstakes Rules. The Incorporated Policies form a material and integral part of these Terms and may be updated from time to time in the Company's sole discretion. Revised versions will be posted and made easily accessible within the Services. Your continued use of the Services after any update to the Incorporated Policies constitutes your full acceptance of the updated terms and conditions contained in those Incorporated Policies.
1.3 Conflict Resolution
If any term or provision of these Terms is directly inconsistent with, conflicts with, or is ambiguous when compared to any provision of the Incorporated Policies, then, to the fullest extent permitted by applicable law, these Terms will govern and control. The Incorporated Policies will be interpreted and applied in a manner intended to align with, and not undermine, the principal provisions of these Terms.
1.4 Inquiries & Support
If you have any questions, requests for clarification, concerns, or feedback regarding these Terms or the Incorporated Policies, please contact our customer support team at: [email protected].
2. Gameplay Mechanics & Virtual Items Terms
2.1 Virtual Items Classification
The Services include two separate, distinct, and non-interchangeable categories of digital tokens (together, "Virtual Items"). Virtual Items may be obtained at no cost or, in limited and expressly authorized circumstances, through official in-platform transactions. No purchase is ever required to access core gameplay features, participate in sweepstakes-style Promotional Play (as further defined and described in the Sweepstakes Rules), or otherwise use the primary entertainment features of the Services. The two categories of Virtual Items are:
• Gold Coins: The
Company's standard in-platform digital currency, intended solely for entertainment and recreational
gameplay within the Services. Gold Coins have no inherent monetary or cash value, may not be
exchanged for real currency, physical or digital prizes, or any other thing of value (tangible or
intangible), and cannot be redeemed for any benefit outside of the Services.
• Sweepstakes Coins:
Digital tokens that may be used only in specifically designated Promotional Play games within the
Services for the chance to win cash or non-cash prizes. Sweepstakes Coins are available exclusively
through free official promotions, account bonuses, or Alternative Methods of Entry ("AMOE").
Purchasing to obtain Sweepstakes Coins is neither required nor allowed under any circumstances.
2.2 Limited Use License
Provided that you continuously and strictly comply with all terms, provisions, and conditions of these Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal recreational entertainment. This license does not grant you any ownership rights. You do not obtain any title, proprietary interest, or ownership in the Services, any Virtual Items, or any other component of the Services (including, without limitation, graphics, artwork, software code, audio content, or game assets). The Company may revoke this license at any time, for any reason, with or without prior written or electronic notice, in its sole discretion.
2.3 Virtual Items & Account Transfer Restrictions
You may not sell, trade, gift, assign, lease, barter, or otherwise transfer any Virtual Items, or your user account in whole, to any third party, whether in exchange for money, non-monetary consideration, or any other value. Any breach of this restriction may result in immediate enforcement action by the Company, which may include (without limitation) account suspension or termination, forfeiture of all Virtual Items and any unclaimed prizes associated with your account, a permanent ban from the Services, and pursuit of all available legal remedies to the maximum extent permitted by law.
If the Company discontinues the Services, we will provide notice to you promptly through the Services or by other reasonable means. As of the effective date of discontinuance/termination, all Virtual Items associated with your account—including non-redeemable and redeemable balances (if applicable)—will be considered forfeited.
2.4 Intellectual Property & Ownership
The Services are provided to you under license for your personal use and are not sold to you. All right, title, and exclusive interest in and to the Services—including all intellectual property rights (including copyrights, trademarks, service marks, patents, trade secrets, moral rights, and database rights)—remain exclusively with the Company and its authorized licensors at all times.
You agree that you will not remove, alter, obscure, conceal, cover, or modify any proprietary notices, trademark notices, copyright legends, or brand identifiers displayed on or within the Services, in any format or medium.
2.5 Prohibited Activities
You may not, and you may not assist, encourage, enable, abet, or cause any third party to, engage in any of the following activities in connection with the Services:
• Copy, edit, modify,
adapt, translate, reverse engineer, or create derivative works from any part of the Services,
including software code, game mechanics, or visual content (except where and only to the extent
expressly permitted by applicable law);
• Decompile, disassemble, or attempt to access, extract,
obtain, or view the Services' source code, in whole or in part;
• Use the Services for any
unlawful, deceptive, fraudulent, harassing, defamatory, abusive, threatening, or obscene purpose, or
to violate or infringe the intellectual property, privacy, or other legal rights of any third
party;
• Use bots, scrapers, scripts, crawlers, automated systems, or any other unauthorized
tools or methods to access, interact with, scrape, collect, or extract data from the Services;
•
Interfere with, disable, or disrupt the ordinary functioning of the Services, including (without
limitation) disrupting server operations, bypassing or circumventing security protections, or
engaging in harmful or malicious conduct;
• Exploit bugs, glitches, technical issues, errors, or
design vulnerabilities for personal benefit, including to obtain unauthorized Virtual Items or
prizes, or to secure an unfair advantage over other users.
3. Prize Redemption & Sweepstakes Parameters
3.1 Jurisdictional Prize Caps
• Maximum prize values for individual Promotional Play game rounds are subject to applicable regional statutory limits and regulatory requirements. To comply with applicable law, the Company reserves the right to decline, withhold, or not process redemption requests that exceed any applicable regional statutory limits.
3.2 General Redemption Limits
The Company may, in its sole discretion, implement additional reasonable prize redemption limits as needed to maintain legal, regulatory, and operational compliance with applicable federal, state, and local requirements. Prize redemption limits are described in the Sweepstakes Rules and via in-platform notices (where applicable), and may be changed from time to time with prior notice to users.
3.3 Alternative Methods of Entry (AMOE)
Qualified Participants (as further defined and described in the Sweepstakes Rules) may obtain Sweepstakes Coins without any purchase, payment, financial transaction, or other consideration by using our official Alternative Methods of Entry (AMOE). The AMOE is intended to preserve and comply with the "no purchase necessary" requirement for sweepstakes participation. Use of bots, automation, fraudulent methods, fictitious identities, or any other unauthorized means to obtain Sweepstakes Coins through AMOE is strictly prohibited. Complete AMOE terms are provided in the Sweepstakes Rules. We incorporate the AMOE instructions as follows:
3.3.1 Postal AMOE
To submit a valid postal AMOE request, a Qualified Participant must handwrite all required information (typed, printed, or machine-generated submissions will not be accepted) and must follow each of these steps exactly:
• Clearly handwrite a
return address and the phrase "Sweepstakes Entry Request" on the front of a standard white
envelope;
• Include a blank, unlined 4" x 6" white index card containing the following
information, legibly handwritten in English:
• One unique Postal Request Code (available only in
your verified account within the Services);
• Your full legal name (as shown on your
government-issued photo ID), your date of birth, and your user id;
• The email address associated
with your verified account;
• The residential street address associated with your verified
account (P.O. boxes are not permitted);
• The exact, unchanged statement: "I request Sweepstakes
Coins to participate in the Promotional Play and confirm I have read and agree to the Terms of
Service and the Official Sweepstakes Rules."
• Seal the envelope and send it via standard U.S.
Postal Service mail to: 30 N Gould Street Ste R Sheridan, WY 82801.
Each valid, separately mailed postal AMOE request will result in 0.2 Sweepstakes Coins being credited to the Qualified Participant's verified account within 7-10 business days after receipt. Bulk submissions, illegible entries, incomplete index cards, incorrectly addressed envelopes, or requests containing altered information are void and will not be honored. Void requests will not receive notice.
3.3.2 Online AMOE
Qualified Participants may request access to the Sponsor's secure, password-protected online AMOE form by emailing the official customer support address: [email protected]. Access to the online AMOE form is provided only after successful account verification, and all submissions must strictly follow the instructions provided by Sponsor customer support. After the online AMOE form is completed and verified, 0.2 Sweepstakes Coins will be credited to the Qualified Participant's verified account in accordance with the terms and instructions set out in the form.
4. User Eligibility & Geographic Restrictions
Your ability to access and use the Services is conditioned on your continuous, strict compliance with these Terms and all applicable federal, state, and local laws and regulations. To use the Services, you must satisfy each of the following mandatory eligibility requirements:
4.1 Age & Legal Capacity
You must be at least twenty-one (21) years old, or the age of legal majority in your jurisdiction of residence (whichever is greater), at the time you access the Services or create an account. You must also have the full legal power and authority to enter into and be bound by these legally enforceable Terms.
4.2 Legal Compliance
You are solely responsible for ensuring that your access to and use of the Services complies at all times with all laws, statutes, rules, and regulations (local, state, and federal) that apply to your physical location and jurisdiction of residence.
4.3 Account Responsibility for Minors
You must take all reasonable and necessary measures to prevent any person under the eligible age from accessing or using the Services through your user account, whether intentionally or unintentionally. You are fully responsible and liable for all actions, transactions, and violations of these Terms that occur through your account, including any use by minors or unauthorized third parties.
4.4 Restricted Geographic Regions
Use of the Services is strictly prohibited for any user who is physically located in any of the following territories, for any purpose and under any circumstances: Alabama, California, Connecticut, District of Columbia, Indiana, Idaho, Louisiana, Maine, Michigan, Montana, Nevada, New Jersey, New York, and the State of Washington of the United States. Access is permitted only to users physically located in the Permitted Territories (as further defined and described in the Sweepstakes Rules).
4.5 Personal Use Only
The Services and all related features are provided for personal recreational use only. Any commercial use, resale of access, fraudulent conduct, or use of unauthorized automated software to interact with the Services may result in immediate suspension, invalidation of gameplay and unclaimed prizes, and a permanent ban from all Services.
4.6 Single Account Rule
Each individual may create and maintain only one (1) active user account in the Services. Creating multiple accounts—whether for yourself, on behalf of another person, or for any purpose— is strictly prohibited and will result in immediate termination of all related accounts and forfeiture of all Virtual Items and unclaimed prizes.
5. Geographic Verification & Anti-Circumvention
The Services may be used only from the Permitted Territories. The Company employs industry-standard and industry-leading geolocation and fraud-prevention technologies to verify your physical location in real time, which may include GPS-based verification, IP address review, device identifier checks, and other geolocation methods.
You may not attempt to conceal, misrepresent, falsify, alter, or obscure your physical location or device-related information using any means or technology, including (without limitation) VPNs, proxy services, emulators, IP spoofing tools, location manipulation software, or other circumvention solutions.
Any attempt to evade, bypass, defeat, or interfere with our geolocation controls or security measures may result in immediate enforcement action, including (without limitation) temporary or permanent suspension or termination of your account, forfeiture of Virtual Items and any unclaimed prizes tied to your account, invalidation of Promotional Play entries, and a permanent ban from all Services.
6. User Account Management
6.1 Accurate Account Information
You are responsible for ensuring that all information in your account remains accurate, current, and complete at all times, including your full legal name, residential street address, valid email address, and phone number. The Company may suspend or limit account access if any account information is determined to be false, misleading, outdated, or incomplete, until such information is corrected and verified.
6.2 Account Security
You must take reasonable and necessary steps to protect your account credentials, including your username, password, and any two-factor authentication (2FA) information. You are solely responsible for all activity conducted through your account, whether authorized or unauthorized. You agree to promptly report any suspected unauthorized access, breach, or compromise to support at [email protected].
6.3 Inactive Account Deactivation
Accounts that remain inactive for sixty (60) consecutive calendar days may be deactivated in the Company's sole discretion. Deactivated accounts may be reactivated after successful identity and account verification; however, unclaimed Virtual Currency associated with deactivated accounts may be forfeited in our sole discretion.
6.4 Account Closure & Suspension
6.4.1 Voluntary Closure
You may request permanent closure of your account at any time by contacting customer support at [email protected]. After voluntary closure is confirmed, you agree that all Virtual Items, unclaimed prizes, and personal account data will be permanently forfeited by you. Notwithstanding the foregoing, we may retain certain data as required by applicable law, including (without limitation) for anti-money laundering obligations, fraud prevention, and regulatory compliance.
6.4.2 Involuntary Suspension/Termination
The Company may suspend or terminate your account at its sole discretion, with or without notice, if you violate these Terms, any Incorporated Policy, or any applicable law, , or for any other reason the Company determines is necessary to protect the integrity of the Services.
6.4.3 Self Exclusion
You may request voluntary self-exclusion from the Services at any time by emailing [email protected]. To process a self-exclusion request, you must provide your full name, residential address, and registered email address so we can verify your identity and restrict access to your account. Once verified, your account will be blocked from accessing the Services for a minimum self-exclusion period of three (3) months. Your account will not be reopened during that minimum period under any circumstances. After the minimum period ends, you may submit a written email request to reactivate your account. Any request to reinstate a self-excluded account will be subject to a seven (7) day cooling-off period starting on the date we receive your request.
You may also request permanent self-exclusion using the same process described above. Permanent self-exclusion requests (which may also be referred to as an account deletion request, where applicable) will be treated as account closure requests. After we review and complete the closure request, all Virtual Items, unclaimed prizes, and personal account data will be permanently forfeited by you.
For additional information regarding self-exclusion and related terms, please review our Responsible Gaming Policy.
7. Game-Specific Rules
Certain games within the Services may be subject to additional, game-specific terms and rules, which may cover gameplay mechanics, prize eligibility requirements, and Virtual Items usage parameters. These game-specific rules are available within the relevant game interface (often through a dedicated tab or button) and are incorporated into these Terms by reference. You are responsible for reviewing and understanding all applicable game-specific rules before participating in gameplay for a given game.
8. Identity & Location Verification
To ensure compliance with eligibility requirements, geographic limitations, and anti-fraud safeguards, the Company may require identity and/or location verification at various times, including during account registration, gameplay, prize redemption, or at any other point while you use the Services. Verification may require you to provide documentation (digitally or physically, as requested), including:
• A valid
government-issued photo ID (such as a driver's license, passport, or state identification
card);
• Recent proof of residential address (such as a utility bill, bank statement, or lease)
showing your name and physical address;
• Any additional documentation or information the Company
reasonably requests to verify identity, location, or account ownership.
Your access to the Services—including prize redemption, participation in Promotional Play, and core gameplay—may be restricted or suspended unless and until verification is completed to the Company's satisfaction. If you do not provide requested documentation within thirty (30) calendar days of the request, your account may be permanently closed, with forfeiture of all Virtual Items and unclaimed prizes.
By using the Services, you expressly consent to the Company's use of third-party verification providers to confirm your identity and physical location, and you consent to enabling and using your device's location services (GPS) for real-time geographic verification.
9. Intellectual Property Rights
You acknowledge and agree, without condition, that all intellectual property rights in and to the Services—including (without limitation) software code, game mechanics, graphics, artwork, audio/visual works, trademarks, service marks, trade names, and all original content—are owned exclusively by the Company and/or its authorized licensors. Nothing in this Agreement assigns, transfers, or conveys any intellectual property right, title, or interest to you, and all rights not expressly granted to you are reserved solely by the Company.
10. User-Submitted Content
Any content you post, upload, submit, share, or otherwise make available through the Services (including, without limitation, comments, feedback, gameplay clips, reviews, and other user-generated content, together, "User Content") is entirely your responsibility. You agree not to post or submit User Content that is unlawful, infringing, defamatory, harassing, threatening, obscene, or otherwise objectionable, or that violates any third party's intellectual property, privacy, or other legal rights.
By submitting User Content through the Services, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, edit, modify, adapt, publish, distribute, display, and otherwise exploit the User Content in connection with operating, promoting, improving, and developing the Services, in any format and on any platform, now known or later developed.
The Company may remove, edit, modify, restrict, or disable any User Content at any time, for any reason, with or without notice, in its sole discretion. We are not obligated to monitor, moderate, or review User Content and we assume no liability for User Content submitted by you or other users.
11. Third-Party Services & Links
The Services may include links to third-party websites, apps, or services not owned or controlled by the Company (the "Third-Party Services"). The Company does not endorse, sponsor, or recommend any Third-Party Services and disclaims any responsibility or liability relating to Third-Party Services. Your use of and interaction with Third-Party Services is at your sole risk. You are responsible for reviewing and complying with the applicable terms of service, privacy policies, and any other rules or requirements of any Third-Party Services you access through the Services.
12. Service Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
The Company does not warrant or guarantee that the Services will be continuous, uninterrupted, error-free, secure, or available at any particular time or in any particular location. If there is a system malfunction, record inconsistency, or a dispute regarding gameplay, prize eligibility, or Virtual Items, the Company's server data and official records will be the final, definitive, binding, and exclusive reliable source of truth. User-provided materials (including screenshots, photographs, or personal logs) will not override the Company's official server records.
13. Liability Limitations & Indemnification
13.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THESE TERMS, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF USE, EVEN IF XXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company's total aggregate liability to you for any claim, loss, or damage arising out of or relating to these Terms or the Services will not exceed the total amount you paid to the Company during the 180 calendar days immediately before the date the claim arose. If you have never paid the Company any amount for the Services, the Company's total liability will be limited to nominal damages of USD $1.00.
13.2 Indemnification
You agree to defend, indemnify, and hold harmless the Company and its parent companies, subsidiaries, affiliates, employees, executives, directors, agents, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:
• Your use of or access
to the Services, or your violation of these Terms or the Incorporated Policies;
• Your violation
of any applicable federal, state, or local law, or your infringement or violation of any third
party's intellectual property, privacy, or other legal rights (including in connection with User
Content you submit);
• Your participation in Promotional Play, redemption of prizes, or any
activity involving Virtual Itmes on the Platform.
This indemnification obligation survives termination, expiration, or breach of these Terms or the Incorporated Policies and remains in effect for as long as required by applicable law.
14. Dispute Resolution & Arbitration
14.1 Governing Law; Forum.
These Terms, and any dispute arising out of or relating to these Terms, will be construed and interpreted under the laws of the State of Wyoming, United States, and applicable U.S. federal law, without regard to Wyoming's conflict-of-law rules. Except as you and the Company may mutually agree, and to the fullest extent permitted by law, any claim or dispute not subject to arbitration (other than matters properly brought in small claims court), and any lawsuit or proceeding to enforce, invalidate, or interpret the arbitration agreement or any part of this Section 14 or these Terms, must be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, United States.
You and the Company agree to the exclusive jurisdiction of those courts and each waive any objection based on personal jurisdiction, venue, forum non conveniens, or similar grounds, including any request to transfer the matter to another court.
14.2 Required Informal Dispute Process
If a Dispute (defined below) arises between you and the Company, you and we must complete the informal dispute resolution process described in this Section before either party may initiate arbitration. The party raising the Dispute must provide the other party with a written notice (a "Notice") that includes: (1) enough information to identify related account(s), game(s), and transaction(s); (2) a full description of the Dispute and its factual and legal basis; (3) the specific relief requested, including a good-faith estimate and calculation of amounts claimed; and (4) the sender's full contact details, including name, mailing address, email address, and telephone number.
The Notice must be personally signed by the party asserting the Dispute and, if represented, also signed by that party's counsel. If you assert a Dispute against the Company, you must email your Notice to [email protected]. If the Company asserts a Dispute against you, we will send the Notice using the most recent contact information in your account profile.
For the sixty (60) calendar days after the receiving party receives the Notice, the parties (and their attorneys, if any) will work in good faith to attempt to resolve the Dispute without arbitration. Completing this informal process is a condition precedent to starting arbitration. Any applicable deadlines or limitation periods are tolled beginning on the date the Notice is received and continuing until the informal process ends or the Dispute is withdrawn.
If the parties dispute whether a Notice meets these requirements, or whether the informal process has been properly completed, either party may request that a court with proper jurisdiction decide that issue; any pending arbitration must be stayed while the court resolves it. The court may enforce this pre-arbitration requirement, including by ordering arbitration demands, proceedings, and the assessment or collection of arbitration fees to be blocked or paused.
Nothing in this Section prevents either party from asserting in arbitration claims or defenses based on a failure to comply with this informal dispute process.
14.3 Binding Arbitration; JAMS; FAA
To the fullest extent permitted by the Federal Arbitration Act, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship or dealings with the Company (each, a "Dispute") will be resolved exclusively through final and binding individual arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and, if applicable, its Mass Arbitration Procedures and Guidelines (together, the "JAMS Rules"), as modified by these Terms. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures.
"Dispute" is intended to be interpreted broadly and includes, without limitation: (1) claims based on events that occurred before these Terms (or any prior version) took effect; (2) claims relating to an existing class action in which you are not a member of a certified class; and (3) claims that arise after these Terms terminate.
The only exceptions to arbitration are: (1) either party may bring an individual action in small claims court, provided the matter remains in small claims court and is not transferred, removed, or appealed to a court of general jurisdiction; (2) either party may seek injunctive relief in a court of competent jurisdiction to prevent infringement or misuse of intellectual property rights (including patents, trademarks, copyrights, and trade secrets); and (3) individual claims involving personal injury, bodily injury, or wrongful death are not subject to arbitration. The small claims court has initial authority to determine whether a matter falls within its jurisdictional limits, subject to final review by a court of competent jurisdiction. Except where these Terms expressly reserve an issue for a court, the arbitrator will decide all issues.
Any arbitration demand must be personally signed by the initiating party and, if represented, also by that party's counsel, and must include a written certification confirming full compliance with the Required Informal Dispute Process in Section 14.2. By submitting an arbitration demand, the initiating party and counsel (if any) represent that the demand satisfies the standards of Federal Rule of Civil Procedure 11(b) as applied in federal court. The arbitrator and any Process Administrator may impose Rule 11 sanctions on represented parties and their counsel.
Unless the parties agree otherwise, the arbitrator(s) and any Process Administrator will be selected using a strike-and-rank method. A hearing (in person or by video) will be held for any Dispute seeking $25,000 or more in damages, or that requests injunctive relief. For Disputes seeking less than $25,000 and not requesting injunctive relief, either party may request a hearing and the arbitrator may grant or deny that request in the arbitrator's discretion. Any in-person hearing will take place in your county or parish of residence, or another reasonably convenient location chosen by the arbitrator. You and a Company representative must attend any in-person hearing in person (with counsel if retained).
The arbitrator may award any relief that a court could award on an individual basis, including declaratory or injunctive relief, but only (a) for the benefit of the individual claimant and (b) to the extent necessary to resolve that claimant's Dispute. Unless required by law or agreed in a signed writing, claims may be brought only in the parties' individual capacities. No party may pursue, and the arbitrator may not conduct, any class, collective, representative, or private attorney general proceeding, and the arbitrator may not consolidate claims of multiple individuals, unless you and the Company expressly agree. The arbitrator must apply these Terms as a court would.
If, after all appeals are exhausted, any limitation on class-type proceedings or any restriction on non-individual injunctive or declaratory relief is held unenforceable as applied to a specific claim (including a request for public injunctive relief), then only that claim will be heard in a court of competent jurisdiction, and only after all other claims have been resolved in arbitration.
The parties may file dispositive motions in arbitration. The arbitrator will issue a written decision stating material findings and conclusions and will apply the cost-shifting principles reflected in Federal Rule of Civil Procedure 68 after a final award issues. An arbitration award will not have preclusive effect in other arbitrations or legal proceedings where you are not a named party. Arbitration and administrative fees will be assessed pursuant to the JAMS Rules and JAMS' published fee schedule.
Mass Arbitration Procedures. The following additional rules apply to any "Mass Arbitration," meaning 25 or more similar Disputes are filed against the Company by the same or coordinated counsel, or are otherwise administered together. In a Mass Arbitration: (1) the parties and counsel will organize demands into randomized batches of no more than 100 claims per batch, with any remaining claims forming a final batch; (2) claimants' counsel will submit each batch to JAMS using JAMS' required format; (3) for each batch, JAMS will assess one set of filing and administrative fees, appoint one arbitrator via strike-and-rank, and apply all legally required disclosure and disqualification rules; (4) JAMS will schedule one case management conference per batch; (5) the arbitrator will decide each claim in the batch individually; and (6) no final award in any batch will control or determine any other arbitration.
JAMS will manage batched matters efficiently and at a reasonable pace. You and your counsel agree to cooperate in good faith with the Company and JAMS regarding batch administration and the related fee arrangements. Even if other provisions conflict, batched matters will include an in-person hearing unless the parties agree to a video hearing, and the parties may agree to decide matters solely on written submissions.
For Mass Arbitrations, a Process Administrator will be selected through strike-and-rank to address threshold administrative matters under the JAMS Rules. Counsel will work cooperatively throughout to enhance efficiency, adjust batch sizes where appropriate, and raise issues to the Process Administrator to preserve fairness, manage costs, and streamline proceedings. This batching framework is a material term of the arbitration agreement. If, after all appeals, a court of competent jurisdiction determines that this batching framework is unenforceable as applied to your Dispute, the parties will work with a Process Administrator to implement a fair, cost-efficient, staged process for resolving the Dispute.
Changes; Opt-Out of Updates. If the Company later modifies this arbitration agreement (other than non-substantive, informational changes), you may reject the revised arbitration terms by mailing a personally signed opt-out notice to 30 N Gould Street Ste R Sheridan, WY 82801 within thirty (30) days after you receive notice of the change. This opt-out applies only to that update and does not allow you to opt out of arbitration entirely. If you timely opt out of an update, any Disputes between you and the Company will be arbitrated under the prior version of this arbitration agreement that you previously accepted.
14.4 Class Action and Jury Trial Waivers.
To the fullest extent permitted by law—and except as expressly stated in Section 14.3—any proceeding between you and the Company, whether in arbitration or in court, must be brought solely on an individual basis. Claims may not be brought as, or on behalf of, a class, collective, representative, or private attorney general action.
To the maximum extent permitted by applicable law, you and the Company each waive the right to commence, join, or participate in any class, collective, group, representative, or similar proceeding in arbitration or in court. This waiver does not prohibit either party from participating in a class-wide settlement approved by a court. Additionally, to the fullest extent permitted by applicable law, you and the Company irrevocably waive any right to a jury trial for any Dispute arising out of or relating to these Terms.
15. General Provisions
15.1 Entire Agreement
These Terms, together with all Incorporated Policies and any game-specific rules, constitute the complete, entire, and exclusive agreement between you and the Company concerning the Services. This agreement supersedes all prior and contemporaneous oral or written agreements, statements, representations, understandings, and negotiations between the parties relating to the subject matter addressed here.
15.2 Tax Liability
You are solely responsible for all taxes of any kind (federal, state, local, and international), including income, gift, sales, and withholding taxes, that result from your use of the Services, redemption of prizes, or receipt or acquisition of any value through the Services. The Company may be required by law to report prize winnings to tax authorities and to withhold applicable taxes from prize payments, where required by federal, state, or local law.
15.3 Assignment
You may not assign, transfer, delegate, or otherwise convey any rights or obligations under these Terms to any third party, whether for payment, other consideration, or any other reason. Any attempted assignment or transfer by you is void ab initio. The Company may assign, transfer, or delegate its rights and obligations under these Terms at any time, for any reason, in its sole discretion.
15.4 Severability
If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect. The invalid, illegal, or unenforceable provision will be revised to the minimum extent necessary to make it valid and enforceable while best preserving the original intent and purpose of the parties. If such revision is not possible, the provision will be severed and the remainder of these Terms will continue to apply.
15.5 Contact Information
For support requests, account questions, opt-out notices, or general inquiries relating to these Terms or the Services, contact the Company's official customer support team at: [email protected].
We aim to respond to valid, complete inquiries within 24-48 business hours after receipt.