Last Updated: April 16, 2026
Issued by: Luma Field Inc (hereinafter referred to as the "Company", "we", "us", or "our")
IMPORTANT NOTICE: WITHIN THESE TERMS OF SERVICE (REFERRED TO AS THE "TERMS"), YOU WILL FIND BOTH A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION. YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, GROUP, OR REPRESENTATIVE ACTION BY ACCEPTING THESE TERMS. UNLESS YOU OPT OUT WITHIN THE APPLICABLE TIME PERIOD UNDER SECTION 14 (DISPUTE RESOLUTION & ARBITRATION), YOU AGREE THAT PAST, CURRENT, AND FUTURE DISPUTES BETWEEN YOU AND US MUST BE BROUGHT IN INDIVIDUAL ARBITRATION. THESE TREMS ALSO INCLUDE A JURY TRIAL WAIVER. PLEASE REFER TO SECTION 14.4 BELOW FOR MORE INFORMATION.
OUR SERVICES (AS DEFINED BELOW) ARE NOT "REAL MONEY GAMBLING." PARTICIPATION REQUIRES NO PAYMENT, AND ANY PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. FOR ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY ARE OUR SERVICES OFFERED, AND THEY ARE VOID WHERE PROHIBITED.
THESE TERMS ARE TO BE READ TOGETHER WITH THE OFFICIAL PROMOTIONAL PLAY RULES, THE PRIVACY POLICY, THE RESPONSIBLE GAMING POLICY, AND THE GAME STATEMENT (COLLECTIVELY AS THE "INCORPORATED POLICIES"). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS POLICY AND THE INCORPORATED POLICIES.
These Terms form a legally enforceable contract between you (the "User", "you", or "your") and the Company. It sets forth the binding terms governing your access to, use of, and interaction with all our digital products and offerings, including our official websites, mobile applications, online games, user profile systems, and all associated features, tools, and supplementary services (collectively, the "Services"). You affirm that you have the legal capacity to meet all age and eligibility requirements specified in these Terms by accessing or using the Services, and have fully read, understood, and unconditionally agreed to all terms, provisions, and conditions in these Terms.
1. Agreement Revisions & Incorporated Policies
1.1 Modifications to the Agreement
At any time and for any business or legal reason, in our sole discretion, the Company reserves the sole, absolute, and unrestricted right to amend, update, revise, or replace any provision of these Terms. At all times, the most current, fully enforceable version of these Terms will be prominently posted and easily accessible in the Services. Updated Terms will be posted via our Services. Through the Services or otherwise, we will provide notice to you when updates are made to these Terms. On or after the effective date of any such update, your continued access to or use of the Services shall constitute your unqualified, unconditional acceptance of the revised Terms in their entirety.
1.2 Updates to Incorporated Policies
These Terms incorporate by reference other Incorporated Policies, which include the Privacy Policy, Responsible Gaming Policy, and Official Promotional Play Rules. These Incorporated Policies are integral to these Terms and may be updated periodically at the Company's sole discretion, with all revised versions posted and easily accessible in the Services. Following any update to the Incorporated Policies, your continued use of the Services signifies your full acceptance of the revised terms and conditions contained therein.
1.3 Conflict Resolution
In the event of a direct inconsistency, conflict, or ambiguity between the terms of these Terms and any provision of the Incorporated Policies, the terms and provisions of these Terms shall control and prevail to the fullest extent permitted by applicable law. All Incorporated Policies shall be construed and applied to reconcile with the core provisions of these Terms.
1.4 Inquiries & Support
For any questions, clarifications, concerns, or feedback regarding these Terms or the Incorporated Policies, please contact our dedicated customer support team at: [email protected].
2. Gameplay Mechanics & Virtual Items Terms
2.1 Virtual Items Classification
Two distinct, non-interchangeable types of digital tokens (collectively, "Virtual Items") are featured in the Services, which may be obtained free of charge or, in limited, authorized cases, through official in-platform transactions. To access core gameplay features, participate in sweepstakes-style Promotional Play (see the Official Promotional Play Rules for further definition and description), or engage with our primary entertainment offerings within the Services, no purchase of any kind is ever required. As follows are the two categories of Virtual Items defined:
• Gold Coins: The Company's standard in-platform digital currency, intended exclusively for recreational gameplay and entertainment use within the Services. Gold Coins hold no intrinsic monetary or cash value, which cannot be exchanged for real currency, physical/electronic prizes, or any other tangible or intangible value, and are non-redeemable for any benefit outside the Services.
• Sweepstakes Coins: Digital tokens usable only in designated Promotional Play games within the Services, for the opportunity to win cash or non-cash prizes. Sweepstakes Coins are obtained solely through free official promotions, account bonuses, or Alternative Methods of Entry ("AMOE"). Purchases to acquire Sweepstakes Coins are neither required nor permitted under any circumstances.
2.2 Limited Use License
Subject to your strict, ongoing compliance 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 for personal recreational entertainment purposes only. No ownership rights of any kind are conferred by this license: any legal title, proprietary interest, or ownership in the Services, any Virtual Items, or any other element in the Services (including but not limited to graphics, artwork, software code, audio content, or game assets) you do not acquire. The Company reserves the right to revoke this license at any time, for any reason, with or without prior written or electronic notice, in our sole discretion.
2.3 Virtual Items & Account Transfer Restrictions
You are strictly prohibited from selling, trading, gifting, assigning, leasing, bartering, or otherwise transferring any Virtual Items or your entire user account to any third party, whether for monetary compensation, non-monetary consideration, or any other form of value. Any violation of this provision will result in immediate disciplinary action by the Company, including but not limited to suspension or termination of your account, forfeiture of all Virtual Items and any unclaimed prizes associated with your account, a permanent ban from the Services, and pursuit of any and all legal remedies to the fullest extent permitted by law. In the event of a discontinuance of the Services by the Company, we will provide notice to you promptly through the Services or by other reasonable means. As of the effective date of such termination, we will deem all Virtual Items linked to your account, including non-redeemable and redeemable balance (where applicable), forfeited.
2.4 Intellectual Property & Ownership
We license the Services to you for your personal use and do not sell them. 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), will at all times remain exclusively with the Company and its authorized licensors. You agree not to remove, alter, obscure, cover, or modify any proprietary notices, trademarks, copyright markings, or brand identifiers contained on or within the Services, in any form or manner.
2.5 Prohibited Activities
You may not, and may not assist, abet, or enable any third party to, engage in any of the following prohibited activities in connection with the Services:
• Copy, modify, adapt, translate, reverse engineer, or create derivative works of any part of the Services, including software code, game mechanics, or visual content (except as expressly permitted by applicable law);
• Decompile, disassemble, or attempt to extract, access, or view the source code of the Services, in whole or in part;
• Use the Services for any unlawful, fraudulent, harassing, defamatory, abusive, threatening, or obscene purpose, or to infringe upon the intellectual property, privacy, or other legal rights of any third party;
• Employ automated systems, bots, scrapers, scripts, crawlers, or any other unauthorized tools to access, interact with, scrape, or extract data from the Services;
• Interfere with or disrupt the normal operation of the Services, including but not limited to disrupting server functionality, bypassing or circumventing security measures, or engaging in malicious activities;
• Exploit any bugs, glitches, technical errors, or design flaws in the Services for personal gain, to obtain unauthorized Virtual Items or prizes, or to gain an unfair advantage over other users.
3. Prize Redemption & Sweepstakes Parameters
3.1 Jurisdictional Prize Caps
Applicable regional statutory limits and regulations may govern the maximum prize values for individual game rounds in the Promotional Play. The Company reserves the right to not process or withhold redemption requests in excess of any applicable regional statutory limits in compliance with applicable laws.
3.2 General Redemption Limits
At our sole discretion, the Company may establish additional reasonable prize redemption limits to maintain ongoing legal and operational compliance with any applicable federal, state, and local regulations. Users can find all prize redemption limits in the Official Promotional Play Rules and in-platform notifications (where applicable). The Company may update these limits periodically and will provide prior notice to users.
3.3 Alternative Methods of Entry (AMOE)
Qualified Participants (as further defined and described in the Official Promotional Play Rules) can obtain Sweepstakes Coins through our official Alternative Methods of Entry (AMOE) without making any purchase, engaging in financial transaction, or providing any other form of consideration. We designed the AMOE to strictly uphold the "no purchase necessary" legal requirement for sweepstakes participation. Qualified Participants must not use automated tools, fraudulent tactics, fake identities, or any other unauthorized methods to obtain Sweepstakes Coins via AMOE. Our Official Promotional Play Rules set out the full, detailed terms of the AMOE. We hereby incorporate the AMOE instructions as follow:
3.3.1 Postal AMOE
A Qualified Participant who wishes to submit a valid postal AMOE request must handwrite all required information (we do not accept printed or machine-typed submissions) and follow these exact steps:
• Legibly handwrite a physical return address and the phrase "Sweepstakes Entry Request" on the front of a standard white envelope;
• Enclose a blank, unlined 4" x 6" white index card with the following legibly handwritten information (in English):
• One unique Postal Request Code (available exclusively in your verified account within the Services);
• Your full legal name (as provided on your government-issued photo ID), date of birth and your user id;
• The email address linked to your verified account;
• Your physical residential address associated with your verified account (no P.O. boxes allowed);
• The exact, unaltered 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 mail it via standard U.S. Postal Service mail to: 5024 S Bur Oak Place, Suite 200, Sioux Falls, SD, 57108.
We will credit 0.2 Sweepstakes Coins to the Qualified Participant's verified account within 7-10 business days of receipt for each valid, individually mailed postal AMOE request. Bulk mailings, illegible submissions, incomplete cards, misaddressed envelopes, or requests with altered information are void and will not be honored. No notification will be provided for void requests.
3.3.2 Online AMOE
Qualified Participants may request access to the Sponsor's secure, password-protected online AMOE form by sending a request to the official customer support email: [email protected]. Access to the online AMOE form is only granted after successful account verification, and all submissions must adhere strictly to the instructions provided by the Sponsor's customer support. Upon completion and verification of the online AMOE form, Sweepstakes Coins will be credited to the Qualified Participant's verified account in accordance under the terms and instructions provided in the form.
4. User Eligibility & Geographic Restrictions
Your ongoing, unwavering compliance with these Terms and all applicable federal, state, and local laws and regulations conditions your right to access and use the Services. To qualify for use of the Services, you must meet the following non-negotiable, mandatory eligibility requirements:
4.1 Age & Legal Capacity
At the time you access the Services or create an account, you must have reached at least twenty-one (21) years of age, or the age of legal majority in your jurisdiction of residence (whichever is higher). You must also possess the full legal authority and capacity to enter into these binding and legally enforceable Terms.
4.2 Legal Compliance
You are solely and entirely responsible for ensuring that your access to and use of the Services complies with all local, state, and federal laws, statutes, rules, and regulations applicable to your physical location and jurisdiction of residence at all times.
4.3 Account Responsibility for Minors
You must implement all reasonable and necessary steps to prevent any individual under the eligible age from accessing or using the Services via your user account, whether intentionally or unintentionally. You bear full and sole liability for all activity, 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
Access to the Services is strictly prohibited for any user who is physically located in the following territories, under all circumstances and for all purposes: Alabama, California, Connecticut, District of Columbia, Idaho, Louisiana, Michigan, Montana, Nevada, New Jersey, New York, and the State of Washington of the United States. Service access is permitted only for users who are physically located in the Permitted Territories (as further defined and described in the Official Promotional Play Rules).
4.5 Personal Use Only
Users may access the Services and all associated features for personal recreational use only. Commercial use, resale of access, fraudulent activity, or the use of unauthorized automated software to interact with the Services will trigger immediate account suspension, invalidation of all gameplay activity and unclaimed prizes, and a permanent ban from all our Services.
4.6 Single Account Rule
Each individual person may create and maintain only one (1) active user account within the Services. We strictly prohibit the creation of multiple accounts-whether for personal use, on behalf of a third party, or for any other reason-and such action will trigger the immediate termination of all associated accounts, with full forfeiture of all Virtual Items and unclaimed prizes.
5. Geographic Verification & Anti-Circumvention
We permit use of the Services only from the Permitted Territories. The Company employs industry-leading geolocation and fraud detection technologies to verify your physical location in real time, including GPS tracking, IP address analysis, device identifier verification, and other geolocation tools. You are strictly prohibited from attempting to mask, falsify, alter, or hide your physical location or device information using any technology or method, including but not limited to virtual private networks (VPNs), proxy servers, emulators, IP-spoofing tools, location-changing software, or any other circumvention tool. Any attempt to bypass, evade, or tamper with our geolocation controls or security measures will result in immediate disciplinary action, which may include temporary or permanent suspension or termination of your account, forfeiture of all Virtual Items and any unclaimed prizes linked to your account, invalidation of all Promotional Play entries, and a permanent ban from all our Services.
6. User Account Management
6.1 Accurate Account Information
You bear sole responsibility for keeping accurate, up-to-date, and complete information in your user account at all times, including your full legal name, physical residential address, valid email address, and phone number. The Company may suspend or restrict account access if we find any account information to be false, misleading, outdated, or incomplete, until you correct and verify the information.
6.2 Account Security
You must implement all reasonable and necessary steps to protect your account login credentials, including your username, password, and two-factor authentication (2FA) details. You bear sole responsibility for all activity that occurs under your account, whether you authorized it or not. You agree to report any suspected unauthorized account access, breach, or compromise to our support team immediately at [email protected].
6.3 Inactive Account Deactivation
The Company may deactivate user profiles that remain inactive for sixty (60) consecutive calendar days at our sole discretion. We may reactivate deactivated accounts upon successful identity and account verification, but we may forfeit unclaimed Virtual Currency in deactivated accounts at our sole discretion.
6.4 Account Closure & Suspension
6.4.1 Voluntary Closure
You may request permanent account closure at any time by contacting our customer support team at [email protected]. Upon confirmation of voluntary closure, you permanently forfeit all Virtual Items, unclaimed prizes, and personal account data. Notwithstanding the foregoing, we may retain certain of your data as applicable laws require, including, but not limited to, obligations related to anti-money laundering, fraud prevention, and regulatory compliance.
6.4.2 Involuntary Suspension/Termination
The Company may suspend or terminate your account at our sole discretion, with or without prior notice, for any violation you commit of these Terms, the Incorporated Policies, or any applicable laws, or for any other reason we deem necessary to protect the integrity of the Services.
6.4.3 Self Exclusion
You may voluntarily request self-exclusion from the Services at any time by contacting us at [email protected]. To process your self-exclusion request, you must provide your full name, residential address, and registered email address to enable us to verify your identity and restrict access to your account. Once we verify your request, we will block your account from accessing the Services for a minimum self-exclusion period of three (3) months. We will not reopen your account during this period under any circumstances. After the minimum self-exclusion period expires, you may submit a written request via email to reactivate your account. Any request you make to reinstate a self-excluded account will undergo a seven (7) day cooling-off period, which begins on the date we receive your request. You may also voluntarily request permanent self-exclusion from the Services in the same manner as described above. We will treat permanent self-exclusion requests (which may also be referred to as account deletion request, where applicable) as account closure requests. Upon our review and completion of your account closure request, you permanently forfeit all Virtual Items, unclaimed prizes, and personal account data. For more information about the self-exclusion process and related terms, please see our Responsible Gaming Policy.
7. Game-Specific Rules
Individual games within the Services may contain unique, game-specific rules and terms, including gameplay mechanics, prize eligibility criteria, and Virtual Items usage guidelines. You can access these game-specific rules within the respective game interface (we typically provide them via a dedicated tab or button) and they are incorporated into these Terms by reference. You bear sole responsibility for reviewing and understanding all game-specific rules before you participate in any gameplay activity for that game.
8. Identity & Location Verification
To maintain strict compliance with eligibility requirements, geographic restrictions, and anti-fraud measures, the Company may require you to complete mandatory identity and location verification checks at certain time, including during account creation, prize redemption, gameplay, or at any other point in your use of the Services. These verification checks may require you to submit the following documentation (in digital or physical form, as required):
• A valid government-issued photo identification (e.g., driver's license, passport, state ID card);
• A recent proof of residential address (e.g., utility bill, bank statement, lease agreement, with your name and physical address clearly visible);
• Additional documentation or information as reasonably required by the Company to verify your identity, location, or account ownership.
We may restrict or suspend access to the Services-including prize redemption, Promotional Play participation, and core gameplay-until you complete verification satisfactorily to the Company's standards. If you fail to provide the requested documentation within thirty (30) calendar days of the request, we may permanently close your account, with full forfeiture of all Virtual Items and unclaimed prizes. By using the Services, you expressly consent to the Company's use of third-party verification services to confirm your identity and physical location, and to the activation and use of your device's location services (GPS) for real-time geographic verification purposes.
9. Intellectual Property Rights
You acknowledge and unconditionally agree that the Company or its authorized licensors exclusively own all intellectual property rights in and to the Services-including but not limited to software code, game mechanics, graphics, artwork, audio/visual content, trademarks, service marks, trade names, and all original content. No provision of this Agreement transfers any intellectual property rights, title, or interest to you, and the Company exclusively reserves all rights not expressly granted to you in this Agreement.
10. User-Submitted Content
You bear sole and exclusive responsibility for any content you post, upload, submit, share, or otherwise make available on the Services (including but not limited to comments, feedback, gameplay clips, reviews, and other user-generated content, collectively "User Content"). You agree not to submit or post any User Content that is unlawful, infringing, defamatory, harassing, threatening, obscene, or otherwise objectionable, or that violates the intellectual property, privacy, or other legal rights of any third party. By submitting User Content to the Services, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and exploit such User Content in connection with the operation, promotion, improvement, and development of the Services, in any format and on any platform, now or in the future. The Company may remove, modify, or disable any User Content at any time, for any reason, with or without notice, in our sole discretion. We have no obligation to monitor, moderate, or review User Content on the Services, and do not assume any liability for any User Content posted by you or other users.
11. Third-Party Services & Links
The Services may contain hyperlinks to third-party websites, applications, or services that are not owned or controlled by the Company (the "Third-Party Services"). The Company does not endorse, sponsor, recommend, or assume any liability for any Third-Party Services, and your access to and interaction with such services is at your sole risk and discretion. You are solely responsible for reviewing and complying with the terms of service, privacy policies, and all other rules and regulations of all Third-Party Services you access through our Services.
12. Service Disclaimers
WE PROVIDE THE SERVICES TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. The Company does not guarantee or warrant that the Services will be uninterrupted, error-free, secure, or available at any specific time or location. In the event of a system error, data discrepancy, or dispute regarding gameplay activity, prize eligibility, or Virtual Items, the Company's server data and official records shall be deemed the definitive, binding, and sole reliable source. No user-submitted evidence (including screenshots, photos, or personal records) shall supersede or override the Company's official server data.
13. Liability Limitations & Indemnification
13.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THESE TERMS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF xxx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Company's aggregate total liability to you for any claim, loss, or damage arising out of or in connection with these Terms or the Services cannot exceed the total amount you paid to the Company in the 180 calendar days immediately preceding the date of the claim. If you have not paid any amount to the Company for the Services at any time, our total liability to you reaches its limit at nominal damages of USD $1.00.
13.2 Indemnification
You agree to defend, indemnify, and hold harmless the Company, 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 attorney's fees and litigation costs) arising out of or in connection with:
• Your access to or use of the Services, or any violation of these Terms or the Incorporated Policies by you;
• Your breach of any applicable federal, state, or local law, or your violation of the intellectual property, privacy, or other legal rights of any third party (including any User Content you submit);
• Your participation in the Promotional Play, redemption of prizes, or any activity related to Virtual Itmes on the Platform.
This indemnification obligation shall survive the termination, expiration, or breach of these Terms or the Incorporated Policies and shall remain in full force and effect for the duration required by applicable law.
14. Dispute Resolution & Arbitration
14.1 Governing Law; Forum.
These Terms and any dispute arising out of or relating to them will be interpreted under the laws of the State of South Dakota, United States, and applicable U.S. federal law, without applying South Dakota choice-of-law principles. Except as you and the Company may mutually agree, and to the fullest extent allowed by law, any claim or controversy that is not required to be arbitrated (other than matters properly brought in small claims court), and any lawsuit or proceeding to enforce, invalidate, or interpret the arbitration agreement or any portion of this Section 14 or the Terms, must be filed only in the state or federal courts sitting in Minnehaha County, South Dakota, United States. You and the Company consent to those courts' exclusive authority and each give up any challenge based on personal jurisdiction, venue, inconvenient forum, or any similar objection, including any request to move or transfer the matter to a different court.
14.2 Required Informal Dispute Process
If a Dispute (defined below) occurs between you and the Company, you and we will complete the informal resolution steps in this Section before either party may commence arbitration. The party raising the Dispute must send the other party a written notice (a "Notice") that includes: (1) sufficient details to identify any related account(s), game(s), and transaction(s); (2) a complete description of the Dispute and its legal and factual grounds; (3) the specific relief sought, including a good-faith estimate and calculation of any amounts claimed; and (4) the sending party's complete contact information, 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 submit a Dispute against the Company, you must email your Notice to [email protected]. If the Company asserts a Dispute against you, the Company will send the Notice to the most current contact information associated with your account. For the sixty (60) calendar days after the receiving party gets the Notice, the parties (and their attorneys, if any) will work together in good faith to try to resolve the matter without arbitration. Completion of this informal process is a condition precedent to initiating arbitration. Any applicable deadlines and 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 disagree about whether a Notice satisfies these requirements or whether the informal process has been properly completed, either party may ask a court with appropriate jurisdiction to decide that issue, and any pending arbitration will be stayed while the court resolves it. The court may enforce this pre-arbitration requirement, including by ordering that arbitration demands, proceedings, and the assessment or collection of arbitration fees be blocked or paused. Nothing in this Section limits either party from asserting, in arbitration, claims or defenses based on a breach of this informal dispute process.
14.3 Binding Arbitration; JAMS; FAA
To the maximum extent permitted by the Federal Arbitration Act, any dispute, claim, or controversy arising from or relating to these Terms, the Services, or your dealings with the Company (each a "Dispute") will be finally resolved only by individual, binding 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 https://www.jamsadr.com/adr-rules-procedures. "Dispute" is intended to be read broadly and includes, without limitation: (1) claims based on events that occurred before these Terms (or any earlier version of them) became effective; (2) claims connected to an existing class action in which you are not a member of a certified class; and (3) claims that arise after these Terms end. Carve-outs from arbitration are limited to: (1) either party may pursue an individual matter in small claims court if (and only if) the case 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 court 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 for personal injury, bodily injury, or wrongful death will not be arbitrated. The small claims court has the initial authority to decide whether a case 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, by that party's counsel, and must include a written certification that the initiating party has fully complied with the Required Informal Dispute Process in Section 14.2. By filing 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, selection of the arbitrator(s) and any Process Administrator will use a strike-and-rank procedure. A hearing (in person or by video) will occur 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 the request in the arbitrator's discretion. Any in-person hearing will be held in your county or parish of residence, or another reasonably convenient location designated by the arbitrator. You and a Company representative must appear in person at any in-person hearing (with counsel if retained). The arbitrator may grant any remedy 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 the law requires otherwise or the parties agree in a signed writing, the parties may bring claims against each other only in their 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 the claims of multiple individuals, unless you and the Company expressly consent. The arbitrator must apply these Terms as a court would. If, after all appeals have been completed, any restriction on class-type proceedings or non-individual injunctive or declaratory relief is held unenforceable as to a particular claim (including a request for public injunctive relief), then only that claim will be adjudicated in a court of competent jurisdiction, and only after all other claims are resolved in arbitration. The parties may submit dispositive motions in arbitration. The arbitrator will issue a written decision stating the material findings and conclusions and will apply the cost-shifting principles reflected in Federal Rule of Civil Procedure 68 after a final award is entered. An arbitration award will have no preclusive effect on separate arbitrations or legal actions to which you are not a named party. Arbitration fees and administrative costs will be assessed in accordance with the JAMS Rules and JAMS' published fee schedule. Mass Arbitration Procedures. The following additional procedures 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 their counsel will organize demands into randomized batches of no more than 100 claims per batch, with any remainder forming a final batch; (2) claimants' counsel will submit each batch to JAMS in JAMS' required form; (3) for each batch, JAMS will assess a single set of filing and administrative fees, appoint one arbitrator via strike-and-rank, and apply all disclosure and disqualification rules required by law; (4) JAMS will set one case management conference per batch; (5) the arbitrator will decide each claim within the batch on an individual basis; and (6) no final award in any batch will limit or determine any other arbitration. JAMS will administer batched proceedings efficiently and at a reasonable cadence. You and your counsel agree to cooperate in good faith with the Company and JAMS regarding batch administration and the related fee structure. Even if other terms conflict, batched proceedings will include an in-person hearing unless the parties agree to a video hearing, and the parties may agree to resolve matters on written submissions alone. For Mass Arbitrations, a Process Administrator will be appointed through strike-and-rank to decide threshold administrative matters under the JAMS Rules. Counsel will work together throughout to promote efficiency, adjust batch sizes if appropriate, and bring issues to the Process Administrator to maintain fairness, manage cost, and streamline the process. This batch administration framework is a material part of the arbitration agreement. If, after all appeals are completed, a court of competent jurisdiction concludes that this batch 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 revises this arbitration agreement (other than non-substantive, informational edits), you may reject the revised terms by mailing a personally signed opt-out notice to 5024 S Bur Oak Place, Suite 200, Sioux Falls, SD, 57108 within thirty (30) days after you receive notice of the change. This opt-out applies only to the update and does not permit 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 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 provided in Section 14.3-any proceeding between you and the Company, whether in arbitration or in court, may be brought only on an individual basis. Claims may not be asserted as, or on behalf of, any class, collective, representative, or private attorney general action. You and the Company each waive the right to initiate, join, or participate in any such group or representative proceeding, whether in arbitration or in court, to the maximum extent allowed by applicable law. This waiver does not prevent either party from participating in a class-wide settlement that has been approved by a court. In addition, to the fullest extent permitted by applicable law, you and the Company irrevocably waive any right to a trial by jury for any Dispute arising under or relating to these Terms.
15. General Provisions
15.1 Entire Agreement
These Terms, together with all Incorporated Policies and game-specific rules, constitute the entire and exclusive agreement between you and the Company with respect to the Services. This entire agreement supersedes all prior oral or written agreements, representations, understandings, and negotiations between the parties with respect to the subject matter herein.
15.2 Tax Liability
You bear sole and entire responsibility for all federal, state, local, and international taxes (including income, gift, sales, and withholding taxes) that arise from your use of the Services, redemption of prizes, or acquisition of any value from the Services. Applicable law may require the Company to report all prize winnings to relevant tax authorities and to withhold applicable taxes from prize disbursements, where federal, state, or local law requires.
15.3 Assignment
You may not assign, transfer, delegate, or otherwise transfer any of your rights or obligations under these Terms to any third party, whether for monetary compensation, non-monetary consideration, or any other reason. Any assignment or transfer you attempt shall be null and void ab initio. The Company may assign, transfer, or delegate its rights and obligations under these Terms freely, at any time, for any reason, in our sole discretion.
15.4 Severability
If a court of competent jurisdiction finds any provision of these Terms invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. We shall modify the invalid, illegal, or unenforceable provision to the minimum extent necessary to make it valid and enforceable, consistent with the original intent and purpose of the parties. If modification is not possible, we shall sever the provision from these Terms, and the rest of these Terms shall continue to apply.
15.5 Contact Information
For all support requests, account inquiries, opt-out notices, or general questions related to these Terms or the Services, contact the Company's official customer support team at [email protected]. We strive to respond to all valid, complete inquiries within 24-48 business hours of receipt.