Effective Date: August 7, 2026

Issued by: Luma Field Inc (hereinafter referred to as the "Company," "we," "us," or "our")

Notice to Users: Please Read Before You Proceed

BEFORE USING THE SERVICES, PLEASE REVIEW THE FOLLOWING NOTICES IN FULL. THEY DESCRIBE RIGHTS AND OBLIGATIONS THAT WILL AFFECT YOU IF YOU DECIDE TO PROCEED:

DISPUTE RESOLUTION: ARBITRATION AND JURY TRIAL WAIVERS: BY AGREEING TO THESE TERMS, YOU ARE AGREEING THAT ANY DISPUTE BETWEEN YOU AND THE COMPANY — PAST, PRESENT, OR FUTURE — WILL BE RESOLVED THROUGH INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, UNLESS YOU TIMELY OPT OUT AS DESCRIBED IN ARTICLE 14 (DISPUTE RESOLUTION & ARBITRATION). THIS MEANS YOU ARE GIVING UP THE ABILITY TO BRING OR JOIN ANY CLASS, COLLECTIVE, GROUP, OR REPRESENTATIVE ACTION, AS WELL AS YOUR RIGHT TO A JURY TRIAL. THE COMPLETE TERMS OF THESE WAIVERS ARE SET OUT IN SECTIONS 14.3 AND 14.4.

POLICIES INCORPORATED BY REFERENCE: YOUR USE OF THE SERVICES IS ALSO GOVERNED BY THE OFFICIAL PROMOTIONAL PLAY RULES, THE PRIVACY POLICY, THE RESPONSIBLE GAMING POLICY, AND THE GAME STATEMENT, EACH OF WHICH FORMS PART OF THESE TERMS (TOGETHER, THE "INCORPORATED POLICIES"). ACCESSING OR USING THE SERVICES MEANS YOU ACCEPT THESE TERMS AND EVERY INCORPORATED POLICY.

NO REAL-MONEY GAMBLING; ENTERTAINMENT ONLY: THE SERVICES DO NOT INVOLVE REAL-MONEY GAMBLING. YOU ARE NEVER REQUIRED TO MAKE A PURCHASE OR PAYMENT TO PARTICIPATE, AND DOING SO WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE SERVICES ARE PROVIDED SOLELY FOR ENTERTAINMENT AND RECREATIONAL PURPOSES AND ARE UNAVAILABLE WHEREVER PROHIBITED BY LAW.

Article 1 — Service Overview & Agreement Formation

Luma Field Inc operates a suite of digital entertainment products, including websites, mobile applications, online games, and related account and support tools (collectively, the "Services"). When you create an account or otherwise use any part of the Services, you and the Company enter into a binding relationship governed by these Terms, which set out the rules, rights, and obligations that apply to that relationship.

By accessing or using the Services, you confirm that you satisfy the age and eligibility criteria set out in these Terms, and that you have read, understood, and agreed to be bound by all of the terms, provisions, and conditions described below.

1.1 The Company's Right to Modify These Terms

The Company retains full, unqualified, and exclusive authority to modify, supplement, revise, or replace any provision of these Terms at any time, for any business, operational, or legal reason, as determined in the Company's sole judgment. The current, fully enforceable version of these Terms will always be conspicuously published and readily available within the Services. The Company will notify you of updates through the Services or through another reasonable communication channel. Following the effective date of any revision, your continued use of or access to the Services will constitute your unconditional and complete acceptance of the updated Terms as a whole.

1.2 Incorporated Policies & Their Updates

These Terms incorporate by reference the Incorporated Policies, comprising the Privacy Policy, the Responsible Gaming Policy, the Official Promotional Play Rules, and the Game Statement. The Incorporated Policies form an essential part of these Terms and are subject to periodic revision at the Company's sole discretion; updated versions will be published and made accessible within the Services. Your continued use of the Services after any revision to an Incorporated Policy constitutes your complete acceptance of the revised version.

1.3 Hierarchy in Case of Conflict

Where a direct conflict, inconsistency, or ambiguity exists between these Terms and any Incorporated Policy, the provisions of these Terms shall govern and take precedence to the maximum extent that applicable law permits. Each Incorporated Policy shall be interpreted and applied in a manner consistent with the fundamental provisions of these Terms.

1.4 Questions & Support

Should you have questions, require clarification, or wish to share concerns or suggestions regarding these Terms or the Incorporated Policies, please contact our customer support team at [email protected].

Article 2 — User Qualification & Access Requirements

Your ability to access and use the Services depends on your continued compliance with these Terms and all laws applicable to you. The following requirements apply to every user without exception:

2.1 Geographic Access

Access to the Services is not available to individuals physically located in Alabama, California, Connecticut, the District of Columbia, Idaho, Louisiana, Michigan, Montana, Nevada, New Jersey, New York, or Washington State. You may only use the Services while physically present within the Permitted Territories, as defined in the Official Promotional Play Rules.

2.2 User Qualification

You must be at least twenty-one (21) years of age, or the age of legal majority in your jurisdiction of residence if higher, and possess the legal capacity to enter into these Terms. You are solely responsible for confirming that your access to and use of the Services complies with every law, regulation, and rule applicable to your location at all times.

2.3 Account Responsibility

You must take reasonable steps to prevent anyone under the eligible age from accessing the Services through your account. You are fully responsible for all activity conducted through your account, including use by minors or any other unauthorized person.

2.4 Restricted Participation

The Services are intended solely for personal, recreational use. Commercial exploitation, resale of access, fraudulent conduct, or the use of unauthorized automated tools will result in immediate suspension of your account, forfeiture of gameplay activity and unclaimed prizes, and a permanent ban from the Services.

2.5 Account Limitation

Each person may hold only one (1) active account. Creating additional accounts, whether for yourself or on behalf of another person, is prohibited and will result in immediate termination of all related accounts and forfeiture of all Virtual Items and unclaimed prizes.

Article 3 — Location Assurance & Anti-Circumvention Measures

You may not use a virtual private network (VPN), proxy server, emulator, IP-spoofing tool, location-changing software, or any other method to mask, falsify, or hide your physical location or device information.

The Services are available only to users physically located within the Permitted Territories. To confirm your location in real time, the Company uses geolocation and fraud-detection technologies, including GPS tracking, IP address analysis, and device identifier verification, among other tools.

Any attempt to bypass, evade, or interfere with these location controls will result in immediate action, which may include suspension or termination of your account, forfeiture of Virtual Items and unclaimed prizes, invalidation of Promotional Play entries, and a permanent ban from the Services.

Article 4 — In-App Currency Framework

4.1 Digital Currency Overview

Two distinct, non-interchangeable types of digital tokens (collectively, "Virtual Items") are featured in the Services. These may be obtained free of charge or, in limited authorized cases, through official in-platform transactions. No purchase of any kind is ever required to access core gameplay features, participate in sweepstakes-style Promotional Play (see the Official Promotional Play Rules), or engage with the primary entertainment offerings within the Services. The two categories of Virtual Items are:

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.

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, 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.

4.2 License Grant & Usage Rights

Conditioned on your full and continuous adherence to every term, provision, and condition set forth in these Terms, the Company hereby grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services exclusively for personal recreational entertainment.

This license does not vest in you any ownership interest of any kind. No provision of these Terms conveys to you any legal title, proprietary claim, or ownership stake in the Services, in any Virtual Items, or in any component thereof — including graphical elements, artwork, software, audio materials, or gameplay assets. The Company retains the right to revoke this license at any time, for any reason, at its sole discretion, whether or not advance notice is provided.

4.3 Transfer & Assignment Restrictions

You are strictly prohibited from selling, exchanging, gifting, assigning, leasing, bartering, or otherwise disposing of any Virtual Items or your user account to any third party, irrespective of whether such transfer involves monetary payment, non-monetary value, or any other form of consideration. Any breach of this prohibition will result in immediate disciplinary action by the Company, which may include suspension or permanent closure of your account, forfeiture of all Virtual Items and outstanding unclaimed prizes linked to your account, a permanent ban from accessing the Services, and the pursuit of all available legal remedies to the fullest extent permitted by law.

If the Company elects to discontinue the Services, it will provide you with prompt notification through the Services or by another reasonable method. As of the date on which the Services cease to operate, all Virtual Items remaining in your account — whether redeemable or non-redeemable — shall be deemed forfeited.

4.4 Restricted Conduct

You are prohibited from engaging in — and from facilitating, aiding, or allowing any other person or entity to engage in — any of the activities described below when using the Services:

• Reproducing, altering, converting, deconstructing, or producing derivative materials based on any element of the Services — such as underlying code, gameplay systems, or graphical assets — unless explicitly authorized under mandatory provisions of applicable law;

• Attempting to decode, break down, or reconstruct the underlying source code of the Services, whether in whole or in part, through any technical means;

• Employing the Services for purposes that are illegal, deceptive, harmful, intimidating, libelous, vulgar, or otherwise inappropriate, or in any way that violates the intellectual property rights, privacy interests, or other protected rights of another person or entity;

• Deploying automated programs, data-harvesting tools, web spiders, algorithmic scripts, or any other non-authorized technology to gain access to, engage with, or retrieve information from the Services;

• Impairing, degrading, or obstructing the regular operation of the Services — including overloading infrastructure, defeating protective mechanisms, or carrying out other hostile technical activities;

• Exploiting any software defect, system malfunction, programming oversight, or unintended feature within the Services for personal gain, to acquire Virtual Items or rewards to which you have no legitimate entitlement, or to secure any inequitable competitive edge over fellow users.

Article 5 — Account Lifecycle Management

5.1 Account Information & Security

You are responsible for keeping your account information accurate, current, and complete, including your legal name, address, email, and phone number, and for safeguarding your login credentials, password, and two-factor authentication details. You are responsible for all activity that occurs under your account, whether or not you authorized it, and must report any suspected unauthorized access immediately to [email protected]. The Company may suspend or restrict account access if any account information is found to be false, misleading, or incomplete, until corrected to the Company's satisfaction.

5.2 Involuntary Suspension or Termination

The Company may, in its sole and absolute discretion and with or without prior notice, suspend or terminate your account if it determines that you have violated these Terms, the Incorporated Policies, or any applicable law, or for any other reason the Company deems necessary to preserve the integrity of the Services.

5.3 Voluntary Closure

You may request that your account be permanently closed at any time by reaching out to our customer support team at [email protected]. Once voluntary closure is confirmed, you irrevocably forfeit all Virtual Items, outstanding unclaimed prizes, and personal account data. Notwithstanding the foregoing, the Company may retain certain information to the extent mandated by applicable law, including obligations pertaining to anti-money laundering, fraud prevention, and regulatory compliance.

5.4 Self-Exclusion

You may voluntarily elect to exclude yourself from the Services at any time by contacting [email protected]. In order to process your self-exclusion request, you must supply your full legal name, residential address, and the email address registered to your account so that we can verify your identity and restrict your account access. Upon verification, the Company will block your account from the Services for a minimum period of three (3) months. Under no circumstances will the Company restore access to your account during this minimum exclusion period. Once the minimum exclusion period has elapsed, you may submit a written email request to have your account reactivated. Any reactivation request will be subject to a mandatory seven (7) day waiting period, beginning on the date the Company receives your request.

You may additionally request permanent self-exclusion from the Services by following the same procedure described above. A permanent self-exclusion request (also referred to as an account deletion request where applicable) will be processed as an account closure request. Following the Company's review and completion of the closure process, all Virtual Items, outstanding unclaimed prizes, and personal account data will be permanently forfeited.

For more information about the self-exclusion process and related terms, please see our Responsible Gaming Policy.

5.5 Inactive Accounts

User profiles that show no activity for a continuous period of sixty (60) calendar days may be deactivated by the Company at its sole discretion. A deactivated account may be restored following successful completion of identity and account verification; however, the Company reserves the right to forfeit any unclaimed Virtual Items in deactivated accounts at its sole discretion.

Article 6 — Compliance Verification Procedures

In order to verify ongoing compliance with eligibility requirements, geographic limitations, and anti-fraud protections, the Company may at any time — whether during account registration, prize redemption, active gameplay, or at any other point during your use of the Services — require you to complete identity and location verification. As part of this process, you may be required to provide the following documentation, in either digital or physical form:

• A recent proof of residential address (e.g., utility bill, bank statement, lease agreement, with your name and physical address clearly visible);

• A valid government-issued photo identification (e.g., driver's license, passport, state ID card);

• Additional documentation or information as reasonably required by the Company to verify your identity, location, or account ownership.

The Company may restrict, limit, or suspend your access to any aspect of the Services — including prize redemption, Promotional Play, and core gameplay functions — until the verification process has been completed to the Company's satisfaction. If you fail to provide the requested documentation within thirty (30) calendar days of the Company's request, the Company may permanently close your account, and all Virtual Items and outstanding unclaimed prizes will be forfeited.

By accessing or using the Services, you expressly consent to the Company's use of third-party service providers to verify your identity and physical location, and to the activation of GPS-based location services on your device for the purpose of real-time geographic verification.

Article 7 — Promotional Play & Reward Distribution

7.1 General Redemption Limits

The Company may, at its sole discretion, impose additional reasonable limits on prize redemptions in order to maintain ongoing compliance with applicable federal, state, and local regulatory requirements. All applicable prize redemption limits are specified in the Official Promotional Play Rules and, where applicable, in in-platform notices. These limits may be revised periodically, and the Company will provide advance notice to users of any changes.

7.2 Jurisdictional Prize Caps

Statutory caps and regulatory provisions applicable in certain regions may restrict the maximum prize amounts available in individual game rounds within the Promotional Play. The Company reserves the right to decline or withhold processing of any redemption request that exceeds an applicable regional statutory limit, in accordance with the law.

7.3 Alternative Methods of Entry (AMOE)

Qualified Participants (as further defined in the Official Promotional Play Rules) may acquire Sweepstakes Coins through the Company's official Alternative Methods of Entry (AMOE) at no cost — without making any purchase, completing any financial transaction, or furnishing any other form of consideration. The AMOE program is maintained to ensure strict adherence to the "no purchase necessary" legal standard for sweepstakes participation. The use of automated tools, deceptive tactics, false identities, or any other unauthorized means to acquire Sweepstakes Coins through AMOE is expressly forbidden. Complete terms governing the AMOE are set forth in the Official Promotional Play Rules. The AMOE instructions are provided below:

7.3.1 Online AMOE

Qualified Participants may request the Sponsor's secure, password-protected online AMOE form by contacting the official customer support address at [email protected]. The online AMOE form will only be made available after your account has been successfully verified. All submissions must comply in full with the instructions furnished by the Sponsor's customer support team. Once the online AMOE form has been submitted and verified, the applicable Sweepstakes Coins will be deposited into the Qualified Participant's verified account pursuant to the terms set out in the form.

7.3.2 Postal AMOE

A Qualified Participant wishing to submit a valid postal AMOE request must handwrite all required information in full — no printed or machine-generated submissions will be accepted — and must follow each of the steps below:

• In legible handwriting, write a return address along with the words "Sweepstakes Entry Request" on the face of a standard white envelope;

• Place inside the envelope a blank, unlined 4" x 6" white index card containing the following details, all written legibly by hand in English:

• The unique Postal Request Code shown only within your verified account on the Services;

• Your full legal name as it appears on your government-issued photo identification, together with your date of birth and user ID;

• The email address associated with your verified account;

• Your residential street address on file with your verified account (P.O. boxes are not accepted);

• The following statement, copied exactly and without alteration: "I am requesting Sweepstakes Coins to take part in the Promotional Play, and I confirm that I have read and accept both the Terms of Service and the Official Sweepstakes Rules."

• Seal the envelope and send it by standard U.S. Postal Service mail to: 5024 S Bur Oak Place, Suite 200, Sioux Falls, SD, 57108.

Each valid, individually mailed postal AMOE submission will be credited with 0.2 Sweepstakes Coins, deposited into the Qualified Participant's verified account within 7–10 business days following the Company's receipt of the request. Submissions that arrive in bulk, are illegible, incomplete, incorrectly addressed, or have been altered in any way will be deemed void, will not be processed, and no notification will be issued for voided submissions.

Article 8 — Individual Game Terms

Particular games available through the Services may have their own distinct rules governing matters such as gameplay mechanics, prize eligibility criteria, and the treatment of Virtual Items. These game-specific rules are generally accessible from within each game's interface (for instance, via a designated tab or button) and are incorporated into these Terms by reference. It is your responsibility to review and familiarize yourself with all applicable game-specific rules before you begin playing any such game.

Article 9 — User-Submitted Content

You bear sole responsibility for all material that you post, upload, transmit, share, or otherwise communicate through the Services — including but not limited to commentary, suggestions, gameplay recordings, opinions, and other content you generate (collectively, "User Content"). You shall not submit or distribute User Content that is illegal, infringing, defamatory, abusive, threatening, vulgar, or otherwise inappropriate, or that encroaches upon the intellectual property, privacy, or other legal interests of any third party.

By making User Content available through the Services, you confer upon the Company a worldwide, perpetual, non-exclusive, royalty-free, fully transferable, and sublicensable right and license to use, reproduce, modify, adapt, publish, distribute, publicly display, and otherwise exploit such User Content — in any medium or format, whether existing now or developed hereafter — for any purpose related to the operation, promotion, enhancement, and development of the Services.

The Company reserves the right to take down, alter, or restrict access to User Content at any time and for any reason, with or without prior notification to you. The Company assumes no obligation to monitor, screen, or curate User Content, and disclaims all liability for content posted by you or by any other user of the Services.

Article 10 — Intellectual Property Rights

You acknowledge and agree without reservation that the Company or its authorized licensors are the exclusive owners of all intellectual property rights pertaining to the Services — including, without limitation, software code, game mechanics, graphical works, artistic content, audiovisual materials, trademarks, service marks, trade names, and all original content. Nothing in these Terms operates to transfer any intellectual property right, title, or interest to you. All rights not expressly granted to you under these Terms are reserved exclusively by the Company.

The Services are licensed — not sold — to you for personal use only. You agree not to remove, alter, conceal, cover, or tamper with any proprietary notices, trademark designations, copyright markings, or brand identifiers that appear on or within any part of the Services.

Article 11 — External Services & Third-Party Links

Within the Services you may encounter links or references directing you to websites, platforms, or applications maintained by independent third parties that are outside the Company's ownership or operational control (collectively, "Third-Party Services"). The Company does not recommend, vouch for, or underwrite any Third-Party Services and bears no responsibility or liability arising from your interaction with them. You access and use any Third-Party Service at your sole risk. Before engaging with any Third-Party Service reached via the Services, you should independently review its applicable usage agreements, data-handling practices, and all governing policies.

Article 12 — Service Availability & Warranty Disclaimers

THE SERVICES ARE DELIVERED TO YOU ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES OR GUARANTEES OF ANY NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT THAT APPLICABLE LAW ALLOWS, EVERY IMPLIED WARRANTY — INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM PRIOR DEALINGS OR TRADE PRACTICE.

The Company makes no representation or guarantee that the Services will function without interruption or fault, will remain protected against unauthorized access, or will be accessible at any particular time or from any particular location. In the event of any system malfunction, data inconsistency, or dispute relating to gameplay outcomes, prize eligibility, or Virtual Items, the Company's internal server records and official data shall serve as the exclusive and definitive authority. User-submitted evidence — such as screenshots, photographs, or personal logs — shall not take precedence over the Company's official server records.

Article 13 — Liability Limitations & Indemnification

13.1 Limitation of Liability

TO THE BROADEST EXTENT APPLICABLE LAW PERMITS, THE COMPANY SHALL BEAR NO LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT ARISE OUT OF OR ARE CONNECTED WITH YOUR USE OF THE SERVICES OR WITH THESE TERMS, WHETHER OR NOT THE COMPANY HAS RECEIVED PRIOR NOTIFICATION THAT SUCH DAMAGES MIGHT OCCUR. THIS LIMITATION ENCOMPASSES, WITHOUT RESTRICTION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF USE.

The Company's aggregate financial exposure to you for all claims, losses, or damages arising under or in connection with these Terms or the Services shall not exceed the total amount you have actually paid to the Company within the 180 calendar days immediately preceding the date the relevant claim first accrued. In the event that you have made no payments to the Company for the Services, the Company's cumulative liability shall be limited to nominal damages of one United States dollar (USD $1.00).

13.2 Indemnification

You undertake to defend, indemnify, and hold harmless the Company and its parent entities, subsidiary corporations, affiliated companies, personnel, executive officers, board members, representatives, and licensors (referred to collectively as the "Indemnified Parties") from and against all claims, damages, losses, liabilities, expenses, and costs — including reasonable legal fees — arising out of or attributable to:

• Any access to or interaction with the Services by you, or any failure on your part to observe these Terms or the Incorporated Policies;

• Any contravention by you of applicable federal, state, or local law, or any infringement by you of the intellectual property, privacy, or other legally protected rights of any third party, including through User Content you make available;

• Your engagement in any Promotional Play activity, any prize redemption you undertake, or any conduct related to Virtual Items on the platform.

This indemnification obligation shall remain in effect notwithstanding any termination, expiration, or breach of these Terms or the Incorporated Policies, and shall continue for as long as applicable law mandates.

Article 14 — Dispute Resolution & Arbitration

14.1 Governing Law & Forum

These Terms and any Dispute related thereto shall be governed by and construed in accordance with the laws of the State of South Dakota and applicable federal law of the United States, without giving effect to any conflict-of-law principles of South Dakota. Except where you and the Company mutually agree to an alternative forum, and to the fullest extent the law allows, any claim that is not subject to mandatory arbitration (other than matters properly filed in a small claims tribunal), together with any action to enforce, challenge, or interpret this arbitration agreement or any provision of this Article 14 or these Terms, must be filed exclusively in the state or federal courts situated in Minnehaha County, South Dakota.

You and the Company each consent to the exclusive jurisdiction of those courts and irrevocably waive any objection premised on lack of personal jurisdiction, improper venue, forum non conveniens, or any comparable doctrine, including any motion to transfer the proceedings to a different forum.

14.2 Required Informal Dispute Process

Prior to the commencement of any arbitration concerning a Dispute (as defined below), both parties are required to complete the informal resolution procedure described in this Section. The party asserting the Dispute must deliver to the opposing party a written notification (a "Notice") that includes: (1) sufficient information to identify the account(s), game(s), and transaction(s) at issue; (2) a comprehensive description of the Dispute, with the underlying factual circumstances and legal theories; (3) the specific remedy sought, together with a reasonable, good-faith calculation of any monetary amounts claimed; and (4) the notifying party's complete contact information — including full name, physical address, email address, and telephone number.

The Notice must bear the personal signature of the party asserting the Dispute; if that party has retained legal counsel, counsel must co-sign the Notice. Should you be the party initiating a Dispute, transmit your Notice by email to [email protected]. Where the Company initiates a Dispute against you, the Company will direct its Notice to the most current contact details associated with your account.

For the sixty (60) calendar-day period commencing upon the receiving party's receipt of the Notice, the parties (together with their respective legal counsel, if any) shall engage in a good-faith effort to settle the Dispute without proceeding to arbitration. No party may file for arbitration until this informal procedure has been fully completed. All applicable limitation periods and filing deadlines are suspended from the date the Notice is received through the conclusion of the informal process or the withdrawal of the Dispute.

If a disagreement arises as to whether a Notice satisfies the requirements of this Section, or whether the informal procedure was duly observed, either party may submit that question to a court of competent jurisdiction; any pending arbitration shall be stayed until the court enters its ruling. The court shall have full authority to enforce this pre-arbitration requirement, including by enjoining arbitration demands, staying arbitration proceedings, or suspending the assessment and collection of arbitration-related fees.

Nothing in this Section shall preclude either party from asserting, as part of the arbitration proceeding itself, any claim or defense arising from an alleged failure to comply with this informal resolution procedure.

14.3 Binding Arbitration; JAMS; FAA

Pursuant to the Federal Arbitration Act, and to the broadest extent that statute allows, any dispute, claim, or controversy that arises out of, relates to, or is connected with these Terms, the Services, or your relationship with the Company (each such matter, a "Dispute") shall be settled exclusively by individual, binding arbitration conducted by JAMS under its then-applicable Streamlined Arbitration Rules, supplemented where relevant by its Mass Arbitration Procedures and Guidelines (together, the "JAMS Rules"), as adjusted by the provisions set forth in this Section. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures.

The definition of "Dispute" is intended to carry the broadest permissible scope and covers, without limitation: (1) claims based on conduct or events that occurred before these Terms took effect or under any earlier version of these Terms; (2) claims connected to a pending class action in which you have not been included as a member of any certified class; and (3) claims that may arise after these Terms are no longer in force.

Three narrow categories of matters are carved out from the arbitration requirement: (1) a claim that qualifies for adjudication in a small claims tribunal may be heard there on an individual basis, so long as the matter remains in that tribunal and is not transferred, removed, or taken on appeal to a court of broader jurisdiction; (2) injunctive or equitable relief to protect intellectual property — encompassing patents, trademarks, copyrights, and trade secrets — may be sought by either party in any court with proper jurisdiction; and (3) individual claims alleging personal injury, bodily harm, or wrongful death shall proceed outside arbitration. The question of whether a particular matter falls within small claims court's jurisdictional threshold is initially decided by that court, with ultimate review reserved to a court of general jurisdiction. All remaining gateway and substantive questions are for the arbitrator, except as these Terms expressly allocate an issue to a court.

Any party commencing arbitration must personally execute the arbitration demand — with counsel's signature required if the party is represented — and must include a written attestation confirming full compliance with the Required Informal Dispute Process under Section 14.2. By filing the demand, the initiating party (and counsel, if engaged) represents that the filing satisfies the standards set forth in Federal Rule of Civil Procedure 11(b) as those standards would apply in a federal court proceeding. Both the arbitrator and any appointed Process Administrator have the power to levy Rule 11 sanctions against represented parties and their legal counsel.

Unless the parties reach a different arrangement, selection of the arbitrator(s) and any Process Administrator will follow a strike-and-rank methodology. A live hearing — conducted either in person or via videoconference — is mandatory whenever a Dispute involves claimed damages of $25,000 or more, or where the claimant requests injunctive relief. In all other Disputes, either party may request a hearing, and the arbitrator retains discretion to grant or deny such request. Any in-person proceeding shall be held in the county or parish where you reside, or at another location the arbitrator deems reasonable. Personal attendance by both you and a designated Company representative is required at every in-person proceeding, with counsel accompanying either party as applicable.

The arbitrator may grant any form of relief that would be available from a court acting on an individual claim, including declaratory and injunctive remedies, provided that such relief (a) inures solely to the benefit of the individual claimant and (b) does not exceed what is necessary to resolve that party's particular Dispute. Unless otherwise mandated by law or agreed to in a signed writing, claims must be advanced only in an individual capacity. No arbitrator or party may initiate or conduct a class, collective, representative, or private attorney general proceeding, and claims belonging to different individuals may not be joined or consolidated without the written agreement of both you and the Company. The arbitrator must interpret and enforce these Terms consistently with how a court of law would do so.

If a court, after the exhaustion of all available appellate remedies, holds that any limitation on class-type proceedings or on non-individual declaratory or injunctive relief is unenforceable as applied to a particular claim — including any claim seeking public injunctive relief — that specific claim alone shall be litigated in a court of competent jurisdiction, and only after every remaining claim has been finally resolved through arbitration.

Either party may file dispositive motions during the arbitration. Following the issuance of a final award, the arbitrator shall deliver a written ruling that identifies the essential factual findings and legal conclusions, and shall apply the offer-of-judgment cost-shifting framework described in Federal Rule of Civil Procedure 68. No arbitration award shall carry preclusive weight in a different arbitration or court proceeding in which you are not a named party. All filing charges and administrative expenses shall be governed by the JAMS Rules and JAMS' publicly available fee schedule.

When twenty-five (25) or more substantially similar Disputes are lodged against the Company by the same counsel, by coordinated counsel, or are otherwise jointly administered (a "Mass Arbitration"), the following supplemental procedures apply. In a Mass Arbitration: (1) attorneys for both sides shall organize the filed demands into randomly assigned groups of no more than 100 claims per group, with any remainder forming a final group; (2) claimants' counsel shall submit each group to JAMS in the format JAMS prescribes; (3) JAMS shall assess one consolidated set of filing and administrative charges per group, designate a single arbitrator for the group via a strike-and-rank selection, and enforce all legally mandated conflict-of-interest disclosure and disqualification standards; (4) JAMS shall convene one case management conference per group; (5) individual claims within each group shall be adjudicated separately by the designated arbitrator; and (6) a final determination in one group shall neither limit nor dictate the resolution of any other arbitration.

JAMS shall administer grouped proceedings in an efficient manner and within a reasonable timeframe. Both you and your legal representatives commit to cooperating in good faith with the Company and JAMS regarding group administration and related fee structures. Regardless of any provision to the contrary, grouped proceedings shall include a live, in-person hearing except where the parties mutually consent to a videoconference format; the parties may also jointly elect to have the matter decided solely on the basis of written submissions.

A Process Administrator, selected through the strike-and-rank method, shall decide preliminary administrative matters in Mass Arbitrations in accordance with the JAMS Rules. Counsel for all parties are expected to collaborate throughout the process to enhance procedural efficiency, modify group sizes where appropriate, and refer unresolved issues to the Process Administrator to ensure that the proceedings remain fair, cost-proportionate, and timely. The grouped-proceedings framework described in this Section constitutes a material component of this arbitration agreement. If, after all appeals have been exhausted, a court of competent jurisdiction concludes that this framework is unenforceable with respect to your Dispute, the parties shall work with a Process Administrator to develop an alternative approach that is equitable, economical, and appropriately phased.

In the event the Company materially revises this arbitration agreement, you may reject the revised terms by mailing a personally signed rejection notice to 5024 S Bur Oak Place, Suite 200, Sioux Falls, SD, 57108, no later than thirty (30) days after you are notified of the revision. Exercising this rejection right applies only to the particular revision in question and does not constitute an opt-out from arbitration generally. If you timely reject a revision, any Disputes between you and the Company will continue to be governed by the version of this arbitration agreement that you most recently accepted.

14.4 Class Action and Jury Trial Waivers

Subject only to the express carve-outs stated in Section 14.3, and to the broadest extent applicable law permits, every proceeding involving you and the Company — regardless of whether it takes place before an arbitrator or in a judicial forum — must be prosecuted solely in each party's individual capacity. No party may assert, pursue, or maintain a claim structured as a class action, collective proceeding, representative suit, or private attorney general action.

Each of you and the Company hereby relinquishes, to the greatest degree the law allows, any entitlement to commence, become a party to, or participate in any group, consolidated, or representative legal action, whether conducted in arbitration or before a court. Nothing in this waiver, however, prevents either party from participating in a settlement reached on a class-wide basis that has received judicial approval. Furthermore, both you and the Company irrevocably surrender any right to demand a trial by jury for any Dispute connected to or arising under these Terms.

Article 15 — Miscellaneous Terms

15.1 Entire Agreement

These Terms, combined with all Incorporated Policies and any applicable game-specific rules, represent the entire and exclusive understanding between you and the Company concerning the Services. This agreement supersedes and replaces all prior oral or written agreements, representations, negotiations, and understandings between the parties relating to the same subject matter.

15.2 Tax Liability

You bear exclusive responsibility for all federal, state, local, and international taxes — encompassing income taxes, gift taxes, sales taxes, and withholding taxes — that may arise from your use of the Services, your redemption of prizes, or your receipt of any form of value through the Services. The Company may be obligated under applicable federal, state, or local law to report prize winnings to the relevant tax authorities and to deduct applicable taxes from prize distributions.

15.3 Assignment

You are not permitted to assign, delegate, or otherwise convey any of your rights or obligations under these Terms to any third party, regardless of reason or whether any consideration is involved. Any purported assignment or transfer by you shall be null and void ab initio and shall have no legal effect. The Company may, in its sole discretion, freely assign, delegate, or transfer any or all of its rights and obligations under these Terms at any time and for any reason.

15.4 Severability

If a court of competent jurisdiction holds any provision of these Terms to be invalid, illegal, or unenforceable, all remaining provisions shall continue in full force and effect without interruption. The affected provision shall be adjusted to the minimum extent necessary to render it valid and enforceable in a manner that preserves the original intent of the parties; where such adjustment is not practicable, the provision shall be severed, and the balance of these Terms shall remain operative and binding.

15.5 Contact Information

For customer support inquiries, account-related questions, opt-out notices, or general questions concerning these Terms or the Services, please contact the Company's customer support team at [email protected].

Article 16 — Apple Platform Disclaimer

The Sponsor's Services are in no way sponsored, endorsed, administered by, or associated with Apple Inc. Apple Inc. does not participate in or sponsor the Services, and bears no responsibility for any aspect of the Services, including but not limited to entry or participation in the Promotional Play, prize award, prize fulfillment, or technical issues related to the Services. By accessing the Services, you agree to release and hold harmless Apple Inc. from any and all liability, claims, damages, losses, costs, or expenses arising out of or in connection with the Services.