EFFECTIVE AS OF MARCH 16, 2020
THESE OFFICIAL RULES (“RULES”) CONSTITUTE A BINDING LEGAL AGREEMENT AND APPLY TO ANY PROMOTIONS (“PROMOTIONS”) THAT MAY Be provided by PAPAYA GAMING INC. AND ITS AFFILIATES (COLLECTIVELY, "PAPAYA", "WE," “OUR,” OR "US") THROUGH PAPAYA’S WEBSITE, https://www.papayagaming.com/, GAMES, AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE “SERVICES”).
NO PURCHASE OF ANY KIND IS NECESSARY TO PARTICIPATE IN ANY PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL PROMOTIONS ARE VOID WHERE PROHIBITED BY LAW
Eligible entrants must be eighteen (18) years of age (unless the applicable age of majority in your state of residence at the time of the entry is higher) or older and legal U.S. residents in a jurisdiction where participation in the Promotion is legally permitted as of the date of entry in the Promotion. Notwithstanding, Papaya reserves the right to limit specific Promotion to entrants located in a particular jurisdiction, in which case only users residing in such jurisdiction at the time of entry may be eligible to participate in the Promotion.
Papaya employees (including, without limitation, part-time or temporary employees), officers, and representatives, Promotion agencies and/or sponsors directly involved in the administration, development, fulfillment, and execution of a specific Promotion, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above are NOT eligible to enter and/or to win a Promotion.
Papaya reserves the right to ask you at any time to provide us or our designated third party with proof of your age, identity and/or residency in order to participate in any Promotion. You agree, on-demand, to present Papaya with valid documentation that may enable us to verify your age, identity, and/or residency to us and/or our third-party designee’s reasonable satisfaction. If you are unable to provide satisfactory documents, we may exclude you from the applicable Promotion and you may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion and/or forfeiture.
2. HOW TO ENTER A PROMOTION
During the period of any specific Promotion (the “Promotion Period”), you can enter the Promotion by using the Services and follow the links and instructions for entering the Promotion. Papaya will publish the applicable Promotion Period as part of the description for each Promotion. Please note that the use of the Services, which can be downloaded free of charge, requires an Internet connection and a compatible device. You must enter the Promotion during Promotion Period of the relevant Promotion in order to be eligible to win applicable prize(s). Papaya and/or our affiliates’ systems will be used for determining when the Promotion Period of a certain Promotion has commenced or concluded, and such determination shall not be disputed for any reason.
NO PURCHASE IS NECESSARY IN ORDER TO ENTER INTO A PROMOTION. You may enter into a Promotion by contacting Papaya firstname.lastname@example.org during the applicable Promotion Period. The subject of the email must include FREE PARTICIPATION REQUEST and the name of the relevant Promotion. The email must contain your full name, address, phone number, email address, date of birth and the Promotion in which you wish to participate, provided that such valid email (i) is associated with your account registered to use the Services, and (ii) is received by us during the applicable Promotion Period for the relevant Promotion. Each valid email received by us during the applicable Promotion Period will allow you to receive one entry into the applicable Promotion. Any requests for participation that do not comply with the foregoing may be disqualified or void at our sole discretion. No other form or method for submitting an entry will be considered, unless otherwise set forth in the specific Promotion description.
All requests for entry into a Promotion shall become the exclusive property of Papaya and will not be acknowledged or returned. Entries received that are from ineligible entrants and/or do not comply with these Rules will be considered void. Entries that are determined to be fraudulent will be considered void, and the person making such entry may be barred from participation in the Promotion and, in Papaya’s sole discretion on a case-by-case basis, banned from any future participation in any future Papaya Promotions and/or Services. Proof of sending or submission will not be deemed to be proof of receipt. You hereby agree than in no event will you have any claims against us for any requests that were not received or acknowledged by us, for any reason whatsoever, or which were received before or after the Promotion Period for the applicable Promotion.
Use of robotic, mechanical or other forms of pre-programmed entry methods is strictly prohibited. Entrants may not use such manipulation tools and Papaya reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entry; provided, however, that no entrant in any Promotion may rely upon or insist upon Papaya’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa.
Unless otherwise specifically allowed with respect to any Promotion, you may not use multiple email addresses, accounts or identities or any other method in order to participate in any Promotion. Any use of automated system or any similar method to participate in any Promotion is strictly prohibited and may result in your disqualification from the Promotion and/or future use of the Services. The person to whom the email address was assigned by the applicable operator shall be deemed as the owner of such email address.
Papaya reserves the right to modify, alter, or change the rules, regulations, and prize amounts of any Promotion at any time in its sole discretion. All changes shall be made known prior to the beginning of a Promotion. You acknowledge that you shall be responsible for staying up to date with any and all changes made to a Promotion. In the event of modifying a Promotion, your continued participation in the Promotion constitutes acceptance of the modified terms.
The manner in which a winner is selected may vary depending on the Promotion and will be detailed in the description for each Promotion or as otherwise posted via our Services. Our decisions regarding the administration and operation of any Promotion, including, without limitation, the selection of potential winners from all eligible participants are final and binding in all matters related to the Promotion. Prizes will vary from one Promotion to another and will be indicated in the description for the applicable Promotion. Odds of winning any Promotion will depend on the total number of eligible entries received for such Promotion.
You shall be solely responsible for any taxes or fees associated with your receipt of a reward. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient.
If any potential winner is required by any applicable law, these Rules, and/or by any other rules for any applicable Promotion to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us before and as a condition to receiving the prize. If a potential winner is disqualified for any reason, we may award the applicable prize to an alternate winner from among the remaining eligible participants, in our sole discretion.
4. LIMITATIONS OF LIABILITY AND RELEASE
By entering into a Promotion, you agree to release, indemnify, and hold harmless the Papaya, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, and agents (collectively, the “Releasees”) from and against any and all claims, expenses, and liability sustained or incurred from participation in any Promotion and the receipt and use of any prize(s) awarded through any Promotion arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise, caused by Papaya, the Releasees, its affiliates, parents, assigns, successors, employees, agents and all others connected with them and/or any Promotion.
By entering into a Promotion, you agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to any other user’s participation in the Promotion.
You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the Website, other users, or by any of the equipment or programming associated with or utilized in the Promotion and that the Releasees assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a user’s participation in a Promotion or receipt or use or misuse of any prize (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Website or any Services, (iii) any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions or failures, problems with connections or availability, (iv) garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, (v) traffic congestion, (vi) unauthorized human intervention, or (vii) theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, a Promotion is not capable of running as planned by reason of infection by computer virus, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the Releasees control and, in the sole opinion of the Releasees, corrupt or affect the administration, security, fairness, integrity or proper conduct of a Promotion, the Releasees reserve the right, at its sole discretion, to cancel, terminate, modify or suspend such Promotion and select the winner(s) from among all eligible entries received for such Promotion prior to the action taken.
IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, other than your actual out-of-pocket expenses ARISING OUT OF YOUR PARTICIPATION IN A PROMOTION. WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS
By participating in any Promotion, each entrant hereby consents to Papaya’s usage of any one or more of the following for on-air broadcast, online usage and/or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: entrant’s name; voice; likeness; biographical information; his/her participation in the Promotion; and the substance of the entrant’s entry form or any other Promotion submissions. Each entrant hereby grants Papaya a perpetual, unlimited, non-exclusive, royalty-free, right and license to use any or all of the foregoing in any manner as determined by us in our sole discretion.
All Promotions shall be subject to all applicable federal, state, and local laws and regulations, and are void where prohibited or restricted by law.
Papaya reserves the right to: (i) terminate or declare any Promotion null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person, whether or not a participant in the Promotion; (ii) alter or amend these Rules at any time; and/or (iii) stop or conclude any Promotion at any time without prior notice. Material changes to these Rules will be posted on the Website and/or through the Services, when practical.
All Promotions offered by the and through the Services are sponsored by Papaya Gaming, Inc. If you have any questions regarding the operation or offering of any Promotion, please contact Papaya at email@example.com.