INTRODUCTION
This Terms of Service Agreement (“Agreement”) is an agreement between You (“You” or “User”) and Majik Bonus, and its affiliated entities (collectively “Agreement”, “We”, or “Us”). This Agreement governs your access to and use of the sweepstakestexas.com online Sweepstakes system, whether accessed via computer, mobile device, or application, or any other technology (the “Website”). The Company is not responsible for any surcharges You incur from your mobile device carrier or internet service provider as a result of the use of the Website. By using the Website, You agree to be bound by the terms and conditions contained in this Agreement. If You do not agree to the terms and conditions contained in this Agreement, You may not access or otherwise use the Website.
We may, in our sole discretion, modify this Agreement with or without notice to You. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Website after this Agreement has been modified, You are agreeing to such modifications. Therefore, You should review this Agreement prior to each use of the Website. In addition, when using particular Website or features or making purchases on the Website, You shall be subject to any posted guidelines or policies applicable to such Website, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
REGISTRATION; ELIGIBILITY
You are required to create an account on the Website in order to take advantage of certain features of the Website. In order to confirm the accuracy of all account registration details You provide to Us, We reserve the right to carry out verification checks on our own or through third-party service providers. When these checks are unable to verify that You are eighteen (18) years of age or over, or are unable to verify any other detail provided by You, We reserve the right to ask for additional proof. If We remain unable to confirm any detail provided by You within seventy two (72) hours (or such other period as We may from time to time specify) of your account being opened, then We will suspend your account until We receive satisfactory proof, as determined in our sole discretion.
You will create a password for your account on the Website. Your username will be your email address . You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that You exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Website, including actions resulting from unauthorized use of your account prior to You taking steps to prevent such occurrence by changing your password and notifying the Company.
Participation in the Website is open only to residents of those jurisdictions where participation is not prohibited by law, including by way of age. The Website are open to You only if You are the legal age of majority in the jurisdiction in which You reside. You cannot participate in the Website under any circumstances if You are not at least eighteen (18) years of age. The Agreement makes no representation that the Website are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Website residing outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that You will not access the Website from any territory where its contents are illegal, and that You, and not the Company, are responsible for compliance with applicable local laws.
REFUND POLICY
At Majik Bonus, We appreciate your payments and understand that you may need to request a refund in certain circumstances. To be eligible for a refund, you must meet the following criteria:
There are always exceptions that may be granted, please use our Contact Us Form to see if you qualify. We reserve the right to deny, or delay, any refund if We feel that the request is fraudulent or invalid.
We strive to provide excellent customer service and look forward to continuing to provide you with a great experience. If you have any questions or concerns, please use our Contact Us Form.
DORMANT ACCOUNTS; ABANDONED ACCOUNTS
Your account will be deemed a “Dormant Account” in the event You fail to use your account for a single continuous period of three hundred sixty five (365) days or more. Use of your account may consist of:
After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Agreement.
In the event that You return to the Website in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact our customer service team using our Contact Us Form for a review of your account.
TERMINATION; DISCONTINUATION OF WEBSITE
This Agreement is effective unless and until terminated by either You or the Agreement. You may terminate this Agreement and your Website account at any time, provided that You discontinue any further use of the Website. The Agreement also may terminate or suspend this Agreement and your account at any time and for any reason, without notice, and accordingly deny You access to the Website, including without limitation, if the Agreement determines in its sole discretion that You fail to comply with any term of this Agreement or that your use of the Website is harmful to the interests of another User or the Agreement. Upon any termination of the Agreement, all Points and Prizes that a User has acquired may, in Agreement’s sole discretion, be terminated and forfeited. You have no property rights in any Points and Prizes. Termination of this Agreement and your Website account, for any reason, will have no effect on any Points and Prizes.
The Agreement reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, You agree that the Agreement shall not be liable to You or to any third party for any modification, suspension or discontinuation of the Website.
All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive.
POINTS; RESPONSIBLE GAMING
When You perform certain activities through the Website (e.g., creating an account; logging in to the Website on a periodic basis; etc.), We may grant You Points for use in playing games to reveal sweepstakes prizes on the Website. The Website also allow You purchase products for additional Sweepstake Points with real money for use in playing games on the Website. Points can never be redeemed for real money, goods, or any other item of monetary value from Agreement or any other party. You understand that You have no right or title in Points other than the extent of your limited license.
Any purchase of products that result in additional Points is final and is not refundable, exchangeable, or transferable, except in Company’s sole discretion. You may not purchase, sell, or exchange Points outside the Website. Doing so is a violation of this Agreement and may result in termination of your account with the Website and/or legal action.
Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Points at its sole discretion. Awards and Availability of Points are subject to change without notice.
We want You to enjoy the Website in a responsible fashion and request that You follow these simple guidelines:
COMMUNICATIONS OPT-IN
You expressly agree that as part of the Website You will receive communications by text message, push notification, and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by clicking the unsubscribe link contained in such emails or by emailing your request to opt out. You may stop receiving push notifications by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding “stop” to any promotional text received. You may not opt out of transactional emails.
Company is not responsible for any surcharges You incur from your cell phone or internet service provider as a result of the use of the Website.
PRIVACY POLICY
Use of the Website is subject to the terms of our Privacy Policy, which are hereby incorporated into and made part of this Agreement. By using the Website, You acknowledge that You have read and agree to be bound by the terms of our Privacy Policy. We reserve the right, and You authorize Us, to use information regarding your use of the Website, account registration, and any other personal information provided by You, in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.
INTELLECTUAL PROPERTY
You acknowledge that all materials on the Website, including the Website’ design, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.
You will not obtain any ownership interest in the Materials or the Website through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective owners. Except as expressly authorized by this Agreement or on the Website, You may not use, copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of, reverse engineer, decompile, disassemble, decode, or otherwise attempt to access the source code of, any of the Materials in any form or by any means, without the prior written authorization of the Company.
The Company authorizes You to use the Materials only for personal, non-commercial use; provided that You keep intact all copyright and other proprietary notices contained in the original Materials. The trademarks, service marks, trade names, trade dress and logos contained or described on the Website are the sole property of the Company and/or its licensors, and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors.
USER CONTENT
Where applicable through the Website (e.g., on a message board, through refer-a-friend/share win features, via chat functionality, via email or other correspondence to Us, by creation of a “nickname” or username, etc.), You may be able to post your own content or information (“User Content”). You understand that all User Content, whether You have publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to Us, is your sole responsibility. If You have any User Content that You would like to keep confidential and/or do not want others to use (including, yet not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it or submit it for posting to public-facing portions of the Website. Under no circumstances will the Agreement be liable in any way for any User Content, including, yet not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website.
By posting any User Content through the Website, You hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that You own the User Content posted by You on or through the Website or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content You posted to or through the Website.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users, or the public.
You additionally authorize Us to promote the activities You engaged in through the Website through various marketing activities, including without limitation:
At all times We will use commercially reasonable efforts to ensure that your identity is kept confidential in such activities, unless We otherwise receive your permission. Exceptions include use of your First Name and Last Initial for promotional awards and leaderboards.
CODE OF CONDUCT
You agree that You will not use the Website to:
The Company assumes no responsibility for monitoring the Website for inappropriate submissions or conduct, yet reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Website, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including, yet not limited to, User Content that violates this Agreement or is otherwise objectionable, as determined in the Company’s sole discretion. Pursuant to 47 U.S.C. Section 230 (d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering Website) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.
If You suspect any player is cheating, colluding, or engaging in any other fraudulent activity using the Website, it should be reported to Us immediately using our Contact Us Form identifying the player, or players’ usernames, or aliases involved and including a brief description of their suspect activities.
PROMOTIONS
As a result of a purchase, We may credit bonus awards (e.g. bounceback) to your account. We will not credit such bonus awards as a consequence of your activity when playing through the Website or as a result of any outcomes associated with playing such games.
Any sweepstakes, contests, surveys, prize games, or similar promotions (each a “Promotion”) made available through the Website may be governed by specific rules that are separate from and in addition to this Agreement, and all such additional rules are hereby incorporated into this Agreement. Detailed rules for current Promotions, including current Daily Free Points, are available in the Official Sweepstakes Rules. By participating in any Promotion, You will become subject to those rules in addition to this Agreement. The Company urges You to read the applicable rules, which may be linked from the particular Promotion, and to review our Privacy Policy, which in addition to this Agreement, governs any information You submit in connection with such activities. To the extent that the rules of a Promotion conflict with this Agreement the rules of the Promotion will prevail. You may not participate in any Promotion awarding a prize if You or a member of your household, are or have ever been, an employee of the Company. For the purposes of this clause an “employee” includes third-party contractors of Company such as licensors, software suppliers, developers, or partners, and all people in any way affiliated with them. At any time and without notice, We reserve the right to terminate, or change the terms of, any Promotion, and We shall not incur any liability for such a change or termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, arising from or relating to:
DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGREEMENT AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND THE AGREEMENT’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE AGREEMENT AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING VIRTUAL GOODS AND SERVICES), WHETHER EXPRESS OR IMPLIED, INCLUDING, YET NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE AGREEMENT AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, WEBSITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE AGREEMENT AND YOU. THE PRODUCTS, THE INFORMATION AND WEBSITE OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE AGREEMENT AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE AGREEMENT ON THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE AGREEMENT ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE AGREEMENT IS TO STOP USING THE WEBSITE AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW; JURISDICTION; VENUE; DISPUTE RESOLUTION
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, as it is applied to Agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the Website, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Austin, Texas before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association.
Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (3) months after the claim arises. You agree that a proceeding commenced after this date is barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company, as defined herein, and each of these entities shall have the right to assert and enforce these provisions directly against You on its own behalf.
MISCELLANEOUS
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
This Agreement, including the Privacy Policy and other Promotion rules incorporated herein, constitutes the entire and only the Agreement between the Company and each User of the Website with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous Agreement, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of the Company to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit Company’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
If any provision of these Terms and Conditions shall be determined to be unlawful, void, or for any reason unenforceable, then the unlawful, void, and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
CONTACT INFORMATION
If You have any comments or questions regarding this Agreement or the Website, or wish to report any violation of this Agreement, please contact Us using our Contact Us Form.
REGISTERING WITH THE WEBSITE CONSTITUTES
FULL AND UNCONDITIONAL ACCEPTANCE OF
THIS TERMS OF SERVICE AGREEMENT
