TERMS OF USE

Be sure to read our terms of use carefully.
Updated July 19, 2021

 

Section 1 – Players/Users

1.1 This software and any related mobile application (“Product”) and set of games issued from time to time thereon is open only to persons age 18 years and older and only to persons located at all times when using the product within countries or jurisdictions where the product, the app and any games related are lawfully authorized for use.

1.2 Entry to the Product and set of games contained within the Product is free to play and no purchase is necessary to enter or play.

1.3 Employees of Splash Technology Ltd. (The “Operator”) or Esports Technologies Inc, (“Provider”) and each of their associated companies, their relatives, agents or agents’ relatives are not eligible to win prizes in connection with the Product or any games within same.

1.4 In order to enter the Product or set of games, customers are required to sign up via the Esports Games mobile app (the “App”), available in the iOS or Android App Stores.

1.5 Only one (1) account is allowed per person. Multiple account setup by any single user will result in termination of all attempted account registrations or existing registrations related to a user.

1.6 Only one (1) entry per Game Round is allowed per person/household, unless otherwise granted additional entries as per an approved promotion created by the Promoter. If the Promoter has reasonable grounds to believe that multiple accounts have been opened by or are under the control of the same person, all such accounts shall be closed and all entries by such player shall be terminated and/or such accounts will be disqualified from participating in the Promotion or receiving any prizes. Players must register in their own name and any player found to be registering in the name of any other person will be disqualified. There is a limit to one (1) account per household, any accounts that are discovered to be in the same house will be barred from using the App and will be ineligible to win any leader board or jackpot games.

1.7 Upon signing up to the Product, players will be deemed to have accepted these terms and conditions and agreed to be bound by them.

1.8 In addition to the use specified above, the Promoter will use each and every entrant and game winner personal details for the purpose of administering this Promotion. By opting in to receive offers and communications, you agree that Esports Technologies, Inc. (“Esports Technologies”) may use the details you give us to contact you about products and services that may be of interest to you. By opting in you allow us to use your customer profile, including but not limited to your age, location and gender, you agree that Esports Technologies may use the details you give us to contact you and provide targeted marketing that may be of interest to you. You may opt out at

any time via Opting out of any marketing communications or sending an Opt-Out request to [email protected]. If you select to opt out of the App communications , you will be also opted out of any product marketing and communication.

 

Section 2 – The Competition

2.1 Each Game Round will consist of questions based on upcoming events in the form of cards.

2.2 Potential answers to the questions will be in multiple-choice or manual input format.

2.3 Answers can be selected by tapping the relevant option or inputting a value where possible on each question card.

2.4 Once a selection is made, a card can be swiped towards the right of the screen to confirm the pick, or swiped left to move the card to the back of the deck of questions.

2.5 All questions must be answered and submitted by being swiped right in order to access the Game Confirmation screen.

2.6 A game round will be considered as submitted once a customer confirms their selections on the Game Confirmation screen.

2.7 A properly and lawfully submitted entry can be changed before the starting time of the first match up to the published closing time set for the competition entries submission. Each Game Round closes at the start time of the first fixture of each Game Round, or unless stated otherwise by the Provider. Once the competition has closed, entrants cannot change their predictions.

2.8 The Jackpot prize is the value stated in the Game Round. There is no default jackpot prize. Entrants to the Game Rounds are expected to be familiar with the Jackpot prize when entering the Game Round. In standard predictor games, the prize is awarded to the player who correctly predicts all questions in the competition. For our guaranteed prize predictors, the prize is awarded to the player who correctly predicts the most questions in the competition. In the case of multiple winners of any Jackpot Prize, winnings will be split between the winners unless a Tie Breaker/Sudden Death format can be used to decide the sole winner. Should multiple players win the jackpot, the prize will evenly split amongst the winners.

2.9 Fair Use: If the Promoter suspects that customers are individually engaging in fraudulent behaviour or collusion so as to gain an advantage in the game, the Promoter reserves the right to withhold/refuse any winnings pending investigation. This includes the use of referring new users in order to collect extra entries (double shots) on a scale inconsistent with personal use.

2.10 The settlement of quiz questions are as published by data providers such as Opta, Livescore, ESPN.com, Esports Technologies Event Data Feed, directly from Tournament Publishers, and other sources. This data will be used to determine the winners of all prizes.

2.11 Specifically for FIFA matches: any goals scored in injury time will be recorded as 45min for the first half and 90min for the second half of the

fixture. The timing of goals scored will be recorded as follows: 0 – 59 seconds = 1st minute, 1m00s – 1m:59s = 2nd minute and so on.

2.12 If any fixture, match or game is postponed, abandoned or not completed (where less than 90 minutes are played) the fixture will be considered void and the Game Round will be considered voided.

2.13 There is no cash alternative to the non-cash prizes and unless otherwise stated and mutually agreed in writing, the prizes are non-refundable and non-transferable.

2.14 The Promoter reserves the right to substitute the prizes (or any part of them) for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control.

2.15 The Promoter will not be liable for prizes that do not reach the winners for reasons beyond its reasonable control.

 

Section 3 – Winners and Entrants Verification and Publication

3.1 Winners will be notified by email or telephone registered on their account. It is each player’s sole responsibility to ensure that their contact details are up to date. Winners will be required to verify (with evidence satisfactory to the Promoter) their age, identity, residence and other requested verification information to the satisfaction of the Promoter before they are eligible to receive a prize.

3.2 If any entrant is unable, for any reason whatsoever, to accept a prize, verify their registration information to the satisfaction of the Promoter, has been found to have breached these terms and conditions by the Promoter or cannot be contacted within ten (10) Business Days (a day other than a Saturday, Sunday or public holiday), the Promoter reserves the right to disqualify that entrant (and their eligibility to receive any prizes under the Promotion) and award the prize to another participant, if applicable.

3.3 Entry and participation in the Promotion constitutes permission for Esports Technologies or Splash Technologies and/or its associated, affiliated and subsidiary companies to use the names, predictions and photographs of participants for publishing purposes at its discretion, including but not limited to, leader boards and other display in the App or otherwise as may be identified by Provider. All winners may be required to participate in such publicity, as Esports Technologies reasonably requires.

3.4 Customers should allow up to 45 days for payment or delivery of prizes. In jurisdictions where lawfully allowed, all prizes won on the App will be deposited into the winners PayPal account. The promoter reserves the right to not award prizes to customers until their account information has been verified.

3.5 Customers who have signed up with false or misleading details, including but not limited to selecting a country that they are not a resident in will not be eligible to win the jackpot or any prizes and will have their accounts permanently suspended.

 

Section 4 – Submission of entries

4 The Promoter does not accept responsibility for network, computer hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry. Under no circumstances can a user submit their entry via e-mail.

 

Section 5 – Promoter Decision Final

5.1 The Promoter’s decision is final and legally binding on all entrants in relation to all aspects of the Promotion including (without limitation) allocation of the prizes and no correspondence will be entered into. Entries that do not comply in full with the Promotion’s rules or terms and conditions will be disqualified and will not be eligible to receive any prizes.

 

5.2 Please note: Neither Apple, Inc. nor Alphabet, Inc. is in any way linked or associated with this or any other competitions/content as run in the App.

 

Section 6 – Limitation of Liability

6 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE PROMOTER, OPERATOR OR PROVIDER, THEIR AFFILIATES, BUSINESS PARTNERS, OFFICERS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS (THE “THE APP PARTIES”) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE APP PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Section 7 – Disclaimers

7 To the maximum extent allowed by applicable law, the app provides the services on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect of the services, including (without limitation) any implied warranties of satisfactory quality, Merchant ability, fitness fir a particular purpose or non-infringement.

7.1 From time to time, the APP Parties may make third party opinions, advice, statements, offers, or other third party information or content available through the App or games or at or in connection with games (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. The APP Parties do not: (a) guarantee the accuracy, completeness, or usefulness of any Third Party Content, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any Third Party Content.

7.2 Without limiting the foregoing, any advice that may be posted or provided in connection with the App or games is for informational and entertainment purposes only and is not intended to replace or substitute for any financial, medical, legal, or other professional advice. The APP Parties make no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the games.

 

Section 8 – Indemnification

8 Users will indemnify, defend and hold harmless the APP Parties and each of them and their affiliates and officers, directors, employees, agents, service providers and partners, for any losses, claims, costs, demands, liabilities or expenses (including reasonable attorneys’ fees) relating to or arising out of (a) User’s use of the games and App, (b) User’s breach of or failure to comply with this Agreement, (c) User’s violation of any rights of a third party, (d) User’s violation of or failure to comply with any rules stated herein or in the App or games, (e) any and all liability and damages arising out of the illegal conduct of Users, if any. The APP Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, in which event Users will fully cooperate in asserting any available defenses.

 

Section 9 – Binding Arbitration and Governing Law /Miscellaneous

9.1 General. Binding arbitration will be the exclusive means of resolving disputes hereunder, and each party underatands that it is giving up the right to court. In addition, each party is giving up its right to participate in a class action or other class proceedings. Any dispute or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, will be determined by arbitration in the federal judicial district that includes your residential address before one arbitrator.

9.2 The arbitrator will be chosen by the parties based on a list of available arbitrators to be provided and/or recommended by JAMS in Las Vegas, Nevada, USA. The arbitration will be administered by JAMS pursuant to its Arbitration Rules and Procedures and in accordance with the as well as Recommended Arbitration Discovery Protocols. Judgment on the award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

9.3 Governing Law. Any dispute between Users and any of the App Parties, will be governed by, and construed and enforced in accordance with the laws of the Las Vegas, Nevada USA without regard any conflict of laws provisions. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the App Parties or any of them may be commenced only in the courts located in Las Vegas, Nevada, USA. Each party waives any right to trial by jury on any action or proceeding to enforce or defend any rights under this Agreement.

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