Legal
Terms of Service
Version 2.0 • Updated January 15, 2026
Important Notices
- No Real-Money Gambling: This is an entertainment platform. No actual money is required to play.
- Arbitration & Class Action Waiver (Section 17): Disputes are resolved individually by binding arbitration. You waive the right to participate in class actions.
- Opt-Out Window: If you have not previously agreed to arbitration, you may opt out within 30 days by emailing [email protected] with subject "OPT-OUT".
- Questions? Contact [email protected]
TERMS OF SERVICE
Version 2.0
IMPORTANT NOTICE: These Terms of Service have been updated as of January 15th, 2026, and shall supersede and replace all prior Terms of Service.
These Terms of Service ("the Terms" or "TOS") and the Arbitration Agreement (see Section 17) form binding agreements between you ("You," or "User,") and PlayProSweeps LLC ("PlayProSweeps", "Us", "We" or "Sponsor") having its registered address, 100 S STATE ST, SUITE 401-2029, CHICAGO IL 60603, which provide all of the terms and conditions governing Your access and use of the platform called "PlayProSweeps" at the following URL: https://playprosweeps.com and any related applications (the "Site") as well as Your creation of Your PlayProSweeps user account ("User Account"), use of the freemium games ("Games") on the Site, and any transactions or dealings with Us in any way (collectively, the "Service").
IMPORTANT NOTICES:
THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING.” NO ACTUAL MONEY IS REQUIRED TO PLAY, AND THE SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY.
THESE TERMS OF SERVICE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE "BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER" – SEE SECTION 17 OF THESE TERMS, BELOW. OPT-OUT REQUESTS SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 17, ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.
PLEASE READ THE FOLLOWING TERMS OF SERVICE, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 17 BELOW), AND THE PlayProSweeps PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY PlayProSweeps SERVICES. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE Terms of Service, WHICH FURTHER INCORPORATE THE PRIVACY POLICY, THE OFFICIAL SWEEPS RULES, AND THE RESPONSIBLE SOCIAL GAMEPLAY, THE HOUSE RULES / FAQ, AND ANY OTHER POLICIES THAT EXPRESSLY INCORPORATE THESE TERMS (COLLECTIVELY, "INCORPORATED POLICIES").
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST PlayProSweeps ARISING FROM ANY past, present or future USE OF tracking software, including BUT NOT LIMITED TO USE OF A Meta Pixel, "cookies," "GET requests" or JavaScript in Hypertext Markup Language (HTML) code of PlayProSweeps’S website that intercepts, tracks, stores, and analyzes your interactions with PlayProSweeps’S website FOR PURPOSES OF OBTAINING data or targeted advertisement ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. PlayProSweeps shall have no liability to You for any past claims arising out of or related to the use OF tracking technology.
Acceptance of Terms. You represent and warrant that You have the right, authority, and capacity to accept these Terms and to abide by them, that You are of legal age and that You have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By using, or otherwise accessing the Service, or clicking to accept or agree where that option is made available, You confirm that you have read and agree to these Terms. If you do not agree to these Terms, then you may not access or use the Platform or Service. All of your activity on the Website or Platform and all or your transactions with PlayProSweeps, including all events which occurred before your acceptance of these Terms, shall be subject to these Terms.
The Service is not sponsored, endorsed, or administered by, or associated with Apple®, Facebook® or Google®. You understand that you are providing your information to PlayProSweeps only and not to Apple®, Facebook® or Google®.
DEFINITIONS
Day means the 24-hour period from 00:00:00 to 23:59:59 Central Time (CT). Daily limits for login rewards and Alternative Method of Entry (AMOE) entries are applied using CT.
Collective Arbitration means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.
Content means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform. Content includes GOLD COINS and SWEEPS COINS, including any subtypes of SWEEPS COINS such as Unplayed SC (uSC) and Redeemable SC (rSC).
Game means any one or more Game(s) available on the Platform in either Standard Play or Promotional Play. We reserve the right to add and/or remove Games from the Platform (including limiting their availability in certain jurisdictions) at our sole discretion for any reason.
GOLD COINS ("GC") means the virtual social gameplay token which enables you to play the Standard Play Games. GOLD COINS have no monetary value and cannot under any circumstance be redeemed for prizes.
Inactive Account means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.
Participate means playing any Games or using our Platform in any manner whatsoever.
Payment Administration Services means the services used to accept payments and/or issue payouts on the Platform. We currently use PayPal for card and account-based payments and may also support Bitcoin payments through our self-hosted BTCPay Server. We may add, remove, or change payment service providers from time to time.
Payment Mechanism means any card, online wallet, financial/bank account or other payment mechanisms used to purchase GOLD COINS.
Partner Portal means any third-party game platform or game portal (for example, JUWA Online, Gamevault 777, Ultra Panda Mobi) that is made available through, linked from, or otherwise supported for use with the Platform.
Recharge (also called a deposit) means a transfer of Unplayed SC (uSC) from your PlayProSweeps wallet to your Partner Portal account for gameplay.
Claim (also called a redeem) means a request to withdraw your Partner Portal balance back to your PlayProSweeps wallet, which (once verified and approved) is credited as Redeemable SC (rSC).
Platform means the Services provided through any URL or mobile application belonging to, or licensed to us.
Player means any person who Participates, whether or not a Registered Customer.
Prizes means prizes won when playing Promotional Play Games which are redeemable for valuable prizes in accordance with the Sweeps Rules.
Promotional Play means participation in our sweepstakes promotions by playing any Games on the Platform with Sweeps Coins.
Restricted Territories means the states of Connecticut, Delaware, Idaho, Kentucky, Michigan, Montana, Nevada, New Jersey, and Washington in the United States, and any other jurisdiction outside of the United States or the District of Columbia, as well as any jurisdiction otherwise identified as restricted on the Platform.
Registered Customer means a Player who has successfully registered a Customer Account, whether that account is considered active or not.
Standard Play means participating in any Game on the Platform played with GOLD COINS. We may give you GOLD COINS free of charge when you sign up to a Platform and thereafter at regular intervals when you log into a Platform. You may win more GOLD COINS when you play in Standard Play and you may purchase more GOLD COINS on the Platform. You cannot win Prizes when you Participate in Standard Play.
SWEEPS COINS ("SC") means promotional sweepstakes entries governed by the Sweeps Rules and these Terms. SWEEPS COINS cannot be purchased. PlayProSweeps uses a dual-bucket system for SWEEPS COINS: Unplayed SC (uSC) for gameplay at Partner Portals, and Redeemable SC (rSC) for prize redemption (subject to eligibility and verification).
Unplayed SC ("uSC") means SWEEPS COINS that are available for gameplay only. You may receive uSC through daily login bonuses, promotional rewards, social bonuses, 100% match bonuses associated with certain Gold Coin packages, and free alternative methods of entry (AMOE) as described in the Sweeps Rules. uSC is not directly redeemable for prizes.
Redeemable SC ("rSC") means SWEEPS COINS that are eligible for prize redemption once credited to your PlayProSweeps wallet and once you meet all redemption requirements. rSC is generally earned from verified Partner Portal winnings when you submit a claim back to PlayProSweeps; certain Gold Coin packages may also include promotional rSC as described at the time of purchase. All prize redemptions are subject to the 5x balance requirement, purchase history rules, and Know Your Customer (KYC) verification.
Sweeps Rules means the Sweeps Rules available on the Platform.
Terms of Service means these terms and conditions, as amended from time to time.
Third Party Website means a third-party website not controlled by us.
User Account means an account held by a Registered Customer.
Virtual Coins means Gold Coins and Sweeps Coins.
1. Changes to Terms of Service and Incorporated Policies
1.1 From time to time, We may modify or amend these Terms. If We do so, any such modifications or changes shall be reflected in the Terms or Incorporated Policies, as applicable, on the Site. We may also, but shall not be required to, notify You by email regarding any material changes to the Terms or Incorporated Policies. Whether You receive or review such notifications, You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Terms of Service, including the Incorporated Policies, as posted on the Site prior to accessing the Site or partaking in any Service. Your further use of the Service after any changes are posted shall constitute further consent and agreement to the terms as changed or amended.
1.2 From time to time, We may also modify or amend any of the Incorporated Policies. If we do so, any such modifications or changes shall be reflected in the Incorporated Policies as posted on the Site. You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Incorporated Policies as posted on the Site prior to accessing the Site or partaking in any Service. Your further use of the Service after any changes are posted shall constitute further consent and agreement to the Incorporated Policies as changed or amended.
1.3 If You have any questions about these Terms or the Incorporated Policies, please contact customer support at [email protected] or via our support page on the Platform.
1.4 In the event of any conflict between the Terms and the Incorporated Policies, the Terms shall control.
2. Limited Revocable License (the "License")
2.1 GOLD COINS. The Service includes a License (defined below) to You to use virtual, in-game tokens, GOLD COINS provided for use on the Platform. No matter the reference, Virtual Coins are non-transferrable and may be used subject to this License only. On the Site, Games are currently played with GOLD COINS. Regardless of the format of the Games of chance presented on the Platform, there is no opportunity for a User on the Platform to win real-money or any prize while playing the Games using GOLD COINS, regardless of whether any purchase was made at any point by the User. GOLD COINS do not have any real money value, of which have been submitted for play and accepted cannot be changed, and they will be drawn from your GOLD COINS balance instantly.
2.2 The License. Subject to Your agreement and continuing compliance with these Terms, we grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the Service, Games and Virtual Coins solely for Your personal, private entertainment on the Platform and for no other reason (the "License"). Other than this limited, personal, revocable, non-transferable, non-sublicensable License to use the Virtual Coins with the Service, You have no right or title in or to any such Virtual Coins appearing or originating with the Service, or any other attributes associated with use of the Service or stored within the Service. You acknowledge and agree that Your License to use the Service is limited by these Terms and if You do not agree to, or act in contravention of, these Terms, Your License to use the Service may be immediately terminated. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Coins as it sees fit in its sole discretion to the extent legally permissible, and We shall have no liability to You or anyone for the exercise of such rights.
2.3 No Right to Sell or Assign. The transfer or sale of Virtual Coins by You to any other person is strictly prohibited. You may NOT sell or assign Your User Account to any other person under any circumstances. Any attempt to do so is in violation of these Terms, will result in in closure and forfeiture of the User Account, and may result in a lifetime ban from the Service and possible legal action.
2.4 No Purchase Required. No purchase is required to set up a User Account or play Games. The Platform is committed to at all times providing additional access to GOLD COINS or otherwise to free-to-play games to Users who deplete their balance of licensed GOLD COINS. While it is never required to make any purchase in order to play the Freemium Games, Users may, subject to the License, increase the number of GOLD COINS they may access for licensed use on the Platform only, increase the variety of available Games and remove advertisements by making a purchase. GOLD COINS are non-redeemable, non-transferrable, and carry no cash value. You understand and agree that any purchases are final and that We are not required to provide a refund for any reason. All Virtual Coins under this License are forfeited if Your User Account is terminated or suspended for any reason, in our sole and absolute discretion or if the Services are no longer available. To the extent legally permissible, if Your User Account, or a particular subscription for the Service associated with Your User Account, is terminated, suspended and/or if any Virtual Coins are selectively removed or revoked by Us from Your User Account, no refund will be granted, no Virtual Coins will be credited to You or converted to cash or other forms of reimbursement.
2.5 These Terms do not grant You any right, title or property or ownership interest in the Service or any Virtual Coins.
2.6 This Service is licensed, not sold, to You. You agree that we and our own licensors own all rights, title and interest in and to the Service, including all intellectual property rights therein as further specified below in Section 11, and that we retain ownership of the Service even after any installation on Your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
2.7 Except as identified and specified in these Terms, You agree not to:
- 2.7.1 sell, rent, distribute, transfer, license, sub-license, lend or otherwise assign any rights of any part of the Service to any third party;
- 2.7.2 copy, modify, create derivative works of the Service (including but not limited to any software that forms part of the Service), including, without limitation, making adaptations or modifications to the Service;
- 2.7.3 reproduce the Service or any part in any form or by any means;
- 2.7.4 exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
- 2.7.5 disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
- 2.7.6 make the Service available to multiple users by any means, including by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
- 2.7.7 misrepresent the source of ownership of the Service;
- 2.7.8 scrape, build databases or otherwise create permanent copies of any content derived from the Service;
- 2.7.9 or use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
3. Eligibility
Your eligibility for continued use of the Service is contingent on Your ongoing compliance with these Terms, in particular:
3.0 Residency. The Service and Sweepstakes promotions are offered only to natural persons who are legal residents of the United States or the District of Columbia. The Sweepstakes is void where prohibited or restricted by law.
3.0.1 Ineligible persons. Employees, officers, directors, and contractors of Sponsor and members of their immediate families and households are not eligible to participate in Promotional Play or the Sweepstakes.
3.1 You are over 18 years of age or the minimum legal age of majority whichever is higher in the jurisdiction in which you are located at the time of accessing or using the Service and are, under the laws of the jurisdiction(s) applicable to You, legally allowed to participate in the Games and access the Service;
3.2 You understand and accept that we are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Service;
3.3 You will monitor Your User Account and ensure that no child under the age of 18 can access the Service using Your User Account. You accept full responsibility for any unauthorized use of the Service by minors and You acknowledge that You are responsible for any use of the Service, including use of Your credit card or other payment instrument by minors;
3.4 You do not reside in and will not access the Games or Service from the states of Connecticut, Delaware, Idaho, Kentucky, Michigan, Montana, Nevada, New Jersey, and Washington in the United States, or any jurisdiction outside the United States or the District of Columbia, as otherwise posted within these Terms or on the Platform (the "Restricted Territories");
GOLD COINS PURCHASES MADE FROM WITHIN THE STATE OF CONNECTICUT, DELAWARE, IDAHO, KENTUCKY, MICHIGAN, MONTANA, NEVADA, NEW JERSEY, AND WASHINGTON IN THE UNITED STATES OF AMERICA WILL BE VOIDED AND REFUNDED, MINUS AN ADMINISTRATIVE FEE OF UP TO 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER, IN ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING THE AFOREMENTIONED REVERSAL;
It is a Player's responsibility to ensure that their participation is lawful in their jurisdiction. Any person who is knowingly in breach of this term, including any attempt to circumvent this restriction, for example, by using a virtual private network (VPN), proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by participating from an Restricted Territory or through a third party or on behalf of a third party located in an Restricted Territory, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
3.5 You participate in the Games strictly in Your personal capacity for recreational and entertainment purposes only;
3.6 You further represent and warrant that all information you supply to Us is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of Your User Account, any License from Us, and any further participation or access to the Service, at PlayProSweeps's sole discretion, to the extent legally permissible;
3.7 You will not be involved in any fraudulent or other unlawful activity in relation to Your participation in any of the Games and You will not use any software-assisted methods or techniques (including but not limited to "bots" designed to play automatically) for Your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;
3.8 If, in the reasonable opinion of PlayProSweeps, we form the view that a player is abusing any promotion, to derive any advantage or gain for themselves or another player, including by way of fraudulent conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or promotional prize as we see fit, or terminate or suspend the User Account of such player without prior notice.
3.8.1 You will not directly or indirectly participate in groups or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share: (a) hacks or money-making strategies; (b) special offers or packages emailed to a specific set of players and redeemable by URL; or (c) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading PlayProSweeps as to a player's identity.
3.9 In relation to any purchase, You must only use a valid form of payment accepted by the Platform or its third party payment processing provider(s) ("Payment Administration Agent(s)") which lawfully belongs to You (the "Payment Mechanism").
4. Your User Account
4.1 You must create a User Account in order to access or use the Service.
4.2 Only one (1) User Account is permitted per person and per household. Accounts may not be shared. We may restrict, suspend, or close accounts that share names, addresses, devices, payment methods, Internet Protocol (IP) addresses, or other identifiers where abuse is suspected.
4.3 If You lose access to Your User Account, You must not register a new User Account. Rather, You must contact customer support via [email protected] to have Your User Account status updated.
4.4 You are required to keep Your personal details up to date. If You change Your address, email, phone number or any other contact details or personal information, please contact customer support. The name that You provide to us at registration must be match any identification You provide for Your User Account verification.
4.5 You confirm that You will not share Your User Account or password with any other person or let anyone else access or use Your User Account without our written permission. You will not access or use a User Account which has been rented, leased, sold, traded, or otherwise transferred from the User Account creator without our written permission.
4.6 If You become aware, or have reasons to suspect, that the security of Your User Account may have been compromised, including loss, theft or unauthorized disclosure of Your password and User Account details, You must notify us immediately.
4.7 You are responsible for maintaining the confidentiality of Your User Account and accept responsibility for all uses of the User Account, including any purchases (whether or not authorized by You).
4.8 We reserve the right to close Your User Account if it is inactive for a period of twelve months or longer and therefore Dormant under Section 6.11. You agree that We are not required to give notice to You prior to taking such action, although we may choose to do so in our sole discretion.
4.9 If You wish to close Your User Account, You may do so at any time by contacting customer support. Closing Your User Account will forfeit all continued access to and right to use, enjoy or benefit from any Virtual Coins associated with Your User Account.
4.10 We reserve the right to refuse to open or the right to close a User Account at our sole discretion. If the reason behind the closure of your customer account is related to concerns about possible Responsible Social Gameplay issues you must indicate this in your request to close your customer account. Our take a break(time-out) and exclusion procedures are set out in detail in our Responsible Social Gameplay.
4.11 You may close Your User Account at any time by contacting customer support. Also, You will be able to open your customer account again by sending a request to the customer support. All requests for re-opening of an account will be evaluated by our customer support and compliance teams, who abide by strict customer protection guidelines.
4.12 User Account registrations may be limited to one User Account registration per person or per intellectual property (IP) address at our sole discretion.
4.13 We reserve the right, at our sole discretion, to deactivate or suspend your User Account (notwithstanding any other provision contained in these Terms of Service) where we have reason to believe that you have played or are likely to play in tandem with other player(s) as part of a club, syndicate, group, etc., or played the Games in a coordinated manner with other player(s) involving the same (or materially the same) actions, decisions, or selections.
4.14 You will not, directly or indirectly:
- a. hack into any part of the Games or Site through password mining, phishing, or any other means;
- b. attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Site;
- c. knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
- d. circumvent the structure, presentation or navigational function of any Game so as to obtain information that PlayProSweeps has chosen not to make publicly available on the Site;
- e. engage in any form of cheating or collusion;
- f. use the Site and the systems of PlayProSweeps to facilitate any type of illegal money transfer (including money laundering proceeds of crime);
- g. participate in or take advantage of, or encourage others to Participate in or take advantage of schemes, organisations, agreements, or groups designed to share:
- i. special offers or packages emailed to a specific set of Players and redeemable by URL;
- ii. identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading PlayProSweeps as to a Player's identity.
You must not use the Site for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering.
4.15 If PlayProSweeps suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities above or any conduct which violates these Terms and Conditions, your access to the Site will be suspended immediately and your customer account may be closed. If your customer account is suspended or closed under such circumstances, PlayProSweeps is under no obligation to reverse any GOLD COINS purchases you have made or to redeem any SWEEPS COINS or Prizes that may be in your customer account. In addition, PlayProSweeps may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, payment providers or other financial institutions. You will cooperate fully with any PlayProSweeps investigation into such activity.
5. Games and Contests
5.1 In addition to these Terms, Games offered on the Service may have their own rules which are available on the Service. It is Your responsibility to read the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and read the relevant rules before playing any Game.
6. Purchases
6.1 The name on Your Payment Mechanism must match the name on Your User Account. If it comes to our attention that the name You registered on Your User Account and the name linked to Your Payment Mechanism differ, Your User Account will be suspended, purchases may be voided, and any Virtual Coins balance may be adjusted accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost or stolen or if the security of Your Payment Mechanism has otherwise become compromised.
6.2 You acknowledge and agree that we may, from time to time and without notice, appoint one or more Payment Administration Agents to process or make payments from or to You on our behalf.
6.3 If one or more of Your GOLD COINS purchases is subject to a chargeback request, Your User Account will be suspended. In the event of any chargeback on Your User Account, the amount of the chargeback will be a debt owed by You to Us, and You must immediately submit payment for such purchases through an alternative Payment Mechanism. Until payment is received by us or our Payment Administration agent, any purchases and winnings will be deemed void and requests to redeem Sweeps Coins for Prizes will not be allowed.
6.4 You agree that we and/or our Payment Administration Agents appointed by us from time to time may store Your Payment Mechanism details to process future purchases. By accepting these Terms, you authorize us and/or our Payment Administration Agents to store Your payment credentials in compliance with applicable payment processing regulations.
6.5 A Payment Administration Agent will have the same rights, powers and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to You for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by us.
6.6 All purchases will be in U.S. dollars (USD).
6.7 PlayProSweeps and its affiliates offer multiple options for players to purchase GOLD COINS. Players are encouraged to review the available options to determine the most suitable method for their individual requirements. In addition to credit card payments, players who prefer electronic banking may utilize the Automated Clearing House (ACH) method to purchase GOLD COINS through PlayProSweeps. This process requires players to provide certain personal information and relevant banking details.
6.8 If your payments are made by ACH/electronic debit, you agree to the following:
- a. Recurring payments will be made automatically on or after the completion of the initial period relating to your first payment. The authority you give PlayProSweeps LLC and its affiliates to charge your account with an ACH debit will remain in effect until you notify us.
- b. If the amount of your payment changes, we will notify you at least 10 days before payment date using the e-mail address we have on file.
- c. Should your payment be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations.
Returned items such as NSF, bank account closed, invalid account number, etc. are subject up to a $25 handling fee, payable to Company which may:
- i. be electronically debited through the ACH network for collection
- ii. processed through the banking system as a paper draft or
- iii. passed on to a collection agency.
6.9 If You make a purchase, licensed GOLD COINS may be added to Your User Account instantaneously unless there is any delay due to situations outside our control, including without limitation a force majeure event, poor internet connectivity, internet failure or electricity outages.
6.10 When You make a purchase, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your User Account confirming that the transaction has taken place.
6.11 Virtual Coins expiration. GOLD COINS (GC) may automatically expire and be removed in the event a User Account becomes Dormant. SWEEPS COINS (SC), including Unplayed SC (uSC) and Redeemable SC (rSC), associated with an account that has been inactive for twelve (12) consecutive months may also expire and be removed from the account at Sponsor's discretion, consistent with the Sweeps Rules. For the purpose of these Terms "Dormant" means there has not recorded any log in or log out for a period exceeding 12 consecutive months.
6.12 Purchases of GOLD COINS are final and are not refundable, transferable or exchangeable. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your customer account (even if not authorized by you).
6.13 You may participate in any Game only if you have sufficient GOLD COINS or SWEEPS COINS (as applicable) in your customer account for such participation. We will not extend you any credit whatsoever for the purchase of GOLD COINS or otherwise. From time to time, we may assign minimum or maximum GOLD COINS purchases as specified and offered on the Site.
6.14 Our Customer Support can be reached twenty-four hours a day, seven days a week via [email protected]. The expected response time is as soon as possible up but may take up to twelve (12) hours.
6.15 Notice for California Users Under Civil Code Section 1789.3
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
7. Promotions
7.1 All promotions, contests, and special offers are subject to these Terms, the official rules of the promotion, contest, or special offer, and any additional terms that may be published at the time of the promotion, contest or special offer.
7.2 We reserve the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.
7.3 SWEEPS COINS; dual-bucket economy. SWEEPS COINS are promotional sweepstakes entries and cannot be purchased. As described in the House Rules / FAQ, PlayProSweeps uses a dual-bucket system: Unplayed SC (uSC) for gameplay, and Redeemable SC (rSC) for prize redemption (subject to eligibility and verification).
- a. Unplayed SC (uSC). You may receive uSC through daily login bonuses, promotional rewards and social bonuses, 100% match bonuses associated with certain Gold Coin packages, and free alternative methods of entry (AMOE) as described in the Sweeps Rules.
- b. Using uSC; recharges. uSC is used to recharge (deposit) Partner Portal accounts for gameplay. uSC is not directly redeemable for prizes.
- c. Converting to rSC. To make gameplay winnings eligible for prize redemption, you must recharge uSC to a Partner Portal, play, and then submit a claim to redeem your portal winnings back to PlayProSweeps. Once verified and approved, those portal winnings are credited to your PlayProSweeps wallet as Redeemable SC (rSC).
- d. Partner Portal transfer rules. By default, minimum recharge is 5 SC and maximum recharge is 500 SC; minimum claim is 50 SC and maximum claim is 500 SC. Limits may vary by portal and are subject to change. Only one pending transfer (recharge or claim) is permitted per Partner Portal at a time. All transfers require admin review and approval, and we may adjust requested amounts to match verified portal balances.
- e. Balance must be < 1 before recharging. You must reduce your Partner Portal balance to less than 1 credit before submitting another recharge. This requirement supports compliance and accurate tracking of gameplay cycles.
- f. Operational updates. Transfer limits, processing steps, and other operational rules may be changed without notice; the House Rules / FAQ reflects current operational logic.
7.4 We reserve the right at our sole discretion and without any requirement to provide a justification to exclude You from any promotions, contests or special offers that may be offered from time to time.
7.5 We reserve the right to exclude You from any promotions, contests or special offers if we believe that You have tried to enter said promotions, contests of special offers by using more than one User Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Your local jurisdiction), whether or not You would have or might have won but for such activity. Where multiple entries/User Accounts have been used, we reserve the right to suspend those User Accounts and withhold any promotional benefits.
7.6 You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in whatever way we see fit, and without further acknowledgement of You as the author, any content You post or publish as part of a promotion, contest or competition.
8. REDEMPTION OF PRIZES
8.1 Subject to these Terms of Service and the Sweeps Rules, when you choose to redeem Prizes, we may provide redemption in cash (including via PayPal or other payment methods), gift cards, or other reward options offered from time to time. For security and compliance, we may require that cash redemptions be paid to the Payment Mechanism from which you purchased GOLD COINS, or, if this is not technically possible, to an alternative verified financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same Payment Mechanism for cash redemptions as was used to purchase GOLD COINS, or a specific Payment Mechanism at our discretion.
8.2 Redemption eligibility and requirements. To redeem Redeemable SC (rSC) for prizes: (a) you must complete Know Your Customer (KYC) verification; (b) your rSC balance must meet the 5x balance requirement (your rSC balance must be at least five (5) times your total Partner Portal recharges); and (c) you must satisfy any additional anti-fraud, eligibility, and compliance checks we apply. For users without purchase history, cash prize redemptions may be limited (for example, to 10% of the rSC amount requested) as described in the House Rules / FAQ and Sweeps Rules. We may charge reasonable processing fees where permitted by law. Minimum prize redemption is $25 (25 rSC at the standard rate).
8.2.1 Verification timing. You must complete all verification steps we request (which may include identity, age, and address verification and submission of tax forms where required) within thirty (30) days of our request. Failure to complete verification within this timeframe may result in forfeiture of the prize and associated SC, and we may close or restrict the account consistent with these Terms and the Sweeps Rules.
8.3 Gold Coins are virtual gameplay tokens for entertainment-only Standard Play. Gold Coins have no cash value and cannot be redeemed, withdrawn, or exchanged for money, prizes, or anything of monetary value under any circumstances.
8.4 Prize redemption limits. We reserve the right, in our sole discretion, to limit prize redemptions to help ensure regulatory compliance and protect against fraud, including limits currently set out in the House Rules / FAQ (minimum $25, daily maximum $500, monthly maximum $5,000) and any other amount over any time that we consider necessary to satisfy our regulatory obligations or the requirements of our partners and suppliers. Limits are subject to change without notice.
8.5 When you choose to redeem Prizes for cash, it is your sole responsibility to ensure that your financial institution will accept payment from us into your bank account. PlayProSweeps has no obligation to check whether your financial institution will accept payments from us to your nominated bank account. Subject to section 8.6, we will not make payments into an account or online wallet which does not match your verified name or the name you provided when registering your customer account or that is not legally and beneficially owned by you.
8.6 Prizes redeemed for cash:
- a. will be paid into an account or a wallet provided that one of the names on the account or wallet matches the name you provided when registering your customer account or your verified name and all verification checks we require in relation to you and the other account holder are completed to our satisfaction. For the avoidance of doubt, if either the account holder does not satisfy our verification requirements, as determined solely at our discretion, we will not make payments into the nominated account;
- b. will not be paid into:
- i. a joint account or joint wallet where one of the joint owners is a minor; or
- ii. custodial accounts; or
- iii. any account held on trust for, or for the benefit of, a third party (including a minor).
8.7 Where you are required to provide the details of your financial institution, bank account or online wallet, you agree that you are solely responsible for the accuracy of those details. You further agree that, where you have chosen to redeem a Prize for cash and the details you have provided are not accurate, and we have processed the payment using the details you have provided, the redemption of that Prize is complete and we cannot and are not required to reverse or reissue the payment.
8.8 You acknowledge and agree that, if your financial institution will not accept payments from PlayProSweeps or where your bank account or online wallet does not meet the requirements in these Terms and Conditions:
- a. you will be required to nominate an alternative bank account for the payment;
- b. there will be delays in the processing of the payment to you; and
- c. if you are unable to nominate an alternative bank account which meets the requirements set out in these Terms of Service within 60 days of a request from us to do so, PlayProSweeps is not obliged to make the relevant payments to you and may in its discretion deem the Prizes to be void.
8.9 We process requests to redeem Prizes in the order in which they are received. Our goal is to process your request as soon as practicable. However, we will only process one Prize redemption request per customer account in any 1 day period. Where you choose to redeem Prizes for cash you acknowledge and agree that it may take up to 10 business days to process the relevant payment into your nominated bank account.
8.10 There may be delays in payments due to our identity verification process and certain Payment Mechanisms may require additional verification at the time of redemption. Larger payments may require a longer processing time than usual due to bank clearance and security and fraud checks and may also be paid in more than one increment. Processing times depend on the circumstances of each individual case.
8.11 Without limiting section 8.4, Players can request to redeem Prizes of any value, however we reserve the right to allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been allocated or paid.
8.12 If you choose to redeem Prizes for cash but refuse to accept payments made to your nominated bank account by PlayProSweeps, you must refuse the amount in its entirety. Where you refuse to accept payment to your nominated bank account more than twice in any 3 months period, PlayProSweeps reserves the right to suspend your customer account to undertake investigations to ensure that the Site is not being used as a vehicle for fraudulent activity.
8.13 If we mistakenly credit your customer account from time to time with Prizes that do not belong to you, whether due to a technical error, human error or otherwise, the amount credited will remain PlayProSweeps property and will be deducted from your customer account. If you have been transferred cash or gift cards that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event you discover an incorrect crediting, you are obliged to notify Customer Support via [email protected] without delay.
9. Verification
9.1 You acknowledge that we, or a third party acting on our behalf, are entitled to conduct any verification checks (including but not limited to age and identity verifications and credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
9.2 You agree that we may restrict Your opening or use of a User Account pending any verification checks having been completed to our satisfaction.
9.3 The documents required may include, but are not limited to, photo identification, such as a government issued passport or driver's license; a utility bill that matches the address registered on Your User Account; and source of wealth or source of funds documentation such as a payslip or bank statement.
9.4 In the event that any verification check cannot be completed for any reason, including Your failure to provide any requested documentation, then We may require within 30 days' of the date the document was first requested, then we are under no obligation to continue with the verification check and we may in our sole discretion close or otherwise restrict your customer account in any manner that we may reasonably deem appropriate.
9.5 You acknowledge and agree that we may use third party service providers to conduct identity verification (Know Your Customer (KYC)), location verification, and other compliance checks based on the information provided by You from time to time. We currently use Veriff as an identity verification provider. You must enable and allow "Location Services" on Your device or PC and must not use any virtual private network (VPN) or other tools intended to disguise your location in order to operate the Service or access Your User Account.
10. RESPONSIBLE SOCIAL GAMEPLAY
PlayProSweeps LLC actively supports Responsible Social Gameplay and encourages its Players to make use of a variety of Responsible Social Gameplay features so as to better manage their account. You may, at any time, request a take a break (time-out) or self-exclusion from our Games. You may also set a limit on your purchases of GOLD COINS or the amount of SWEEPS COINS you play.
PlayProSweeps is committed to providing excellent customer service. As part of that pledge, PlayProSweeps is committed to supporting Responsible Social Gameplay. Although PlayProSweeps will use all reasonable endeavors to enforce its Responsible Social Gameplay policies, PlayProSweeps does not accept any responsibility or liability if you nevertheless continue Gameplay and/or seek to use the Site with the intention of deliberately avoiding the relevant measures in place and/or PlayProSweeps is unable to enforce its measures/policies for reasons outside of PlayProSweeps's reasonable control.
We refer to you our Responsible Social Gameplay for full details.
11. Intellectual Property
11.1 These Terms confer only the right to use the Service and they do not convey any rights of ownership in or to the Service.
11.2 All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.
11.3 Your use of the Games will not convey any ownership rights in the intellectual property to You. The titles, source and object codes, game client and server software, the "look and feel" of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Games.
11.4 Notwithstanding anything to the contrary in these terms, You acknowledge and agree that You shall have no ownership or other property interest in the User Account, and You further acknowledge and agree that all rights in and to the User Account are and shall forever be owned by and inure to the benefit of us.
12. Responsibility for User Generated Content
12.1 You are responsible for complying with all laws applicable to Your User Content. You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party's rights.
12.2 You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, You will notify us of such change immediately.
12.3 We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk.
12.4 You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
12.5 You further hereby grant to us the unconditional, right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content or Your User Account, without any obligation to You. You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner except as prohibited by law.
12.6 You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at Your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
12.7 Prohibited Content; User Content that is prohibited in the Service includes, but is not limited to:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- User Content of a sexual or offensive nature;
- User Content that promotes terrorism or religious hatred;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
- User Content of commercial nature without authorization from us; or
- User Content promoting the services of another business or competitor.
12.8 If You see any material in the Service that in Your belief is offensive, hateful, harassing or that You otherwise think is prohibited, please notify us by contacting [email protected].
13. Third Party Websites & Content
13.1 The Service may contain links to content owned and/or operated by third parties, for instance third-party advertisers or payment providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.
13.2 Our inclusion of a link to a third-party website, services or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.
13.3 By accessing a third-party website, services or content, You accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from You. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. It is always best to read and understand the terms of services and privacy policies applicable to any third-party website, services or content You may access.
13.4 We do not endorse, do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.
13.5 If You use third party social networking websites to discuss the Service such as Facebook®, Google®, X®. You acknowledge and agree that:
- any content that You post on such social networking sites are subject to the relevant terms and conditions of that website;
- You will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other players; and
- we are not responsible or liable for any comments or content that You or others post on social networking sites.
14. Disruptions, Errors & Omissions
14.1 Disclaimer of Warranties. THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
14.2 Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.3 We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by You to participate by methods, means or ways not intended by us.
14.4 We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Service including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Service or any errors or omissions in the Service.
14.5 In the event of a Service system malfunction, then all Game play on the Service will be void.
14.6 In the event of an error or malfunction in a Game, then all Game play resulting from the error or malfunction will be voided.
14.7 We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting, game data, or Virtual Coins balances, that may be due to error, misconfiguration or a bug, will be cancelled and removed from the Service. We reserve the right to alter player balances and User Account details under such circumstances, at our sole discretion, in order to correct any mistake.
14.8 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
14.9 We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the play-table, win-table, minimum or maximum stakes, odds or software.
14.10 If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then We will not be liable to award You any such Virtual Coins or prizes, and You agree that any such Virtual Coins or prizes that have been awarded in error to Your User Account will be voided.
14.11 We retain absolute discretion in the event of a discrepancy between the result showing on a user's device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.
15. Limitation of Liability and Indemnification
15.1 Limitation of Liability. BY ACCESSING, USING OR DOWNLOADING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NEITHER THE COMPANY NOR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COMPANY OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, SUPPLIERS, ADVERTISERS, PAYMENT SERVICES PROMOTERS, PARTNERS, OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, SPECIFICALLY INCLUDING ANY PAST, PRESENT OR FUTURE USE OF "COOKIES," "GET REQUESTS," PIXELS AND OTHER TRACKING TECHNOLOGY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY CAUSE, WHETHER DIRECT OR INDIRECT, OR FOR ANY AMOUNTS EXCEED THE TOTAL AMOUNT YOU HAVE PAID THE COMPANY IN THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
RELEASED PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES.
15.2 Indemnification. BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY AND ALL THIRD PARTY CLAIMS AGAINST THE COMPANY RELATED IN ANY WAY TO YOUR USER ACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE SITE.
15.3 30 Days Limitations Period. You and PlayProSweeps agree that any claims, regardless of form, arising out of or related to the Site (including Services) or these Terms of Service or Privacy Policy must BE FILED within THIRTY (30) DAYS of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
15.4 SOLE AND EXCLUSIVE REMEDY/Limitation on Recovery. unless otherwise prohibited by law, In any dispute with Us, YOUR SOLE AND EXCLUSIVE REMEDY under any LEGAL theory SHALL BE TO RECOVER THE amount of your own purchases during theTHIRTY (30) DAYS period prior to the filing of your claim. In NO EVENT MAY YOU RECOVER UNDER ANY THEORY ANY AMOUNT MORE THAN THE amount of your own purchases during the THIRTY (30) DAYS period prior to the filing of your claim. IN ADDITION, EXCEPT to the extent PROHIBITED BY LAW OR OTHERWISE ALLOWED BY THESE TERMS, YOU MAY NOT SEEK INJUNCTIVE RELIEF ON YOUR OWN BEHALF, on behalf of any class of persons or FOR THE BENEFIT OF THE GENERAL PUBLIC.
15.5 YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN SECTION 14, AND THE INDEMNITIES, LIMITATIONS OF LIABILITY AND LIMITATIONS OF REMEDIES IN THIS SECTION 15, ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU AND PlayProSweeps TO ENTER INTO THESE Terms of Service.
15.6 NOTHING IN THESE Terms of Service WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF PlayProSweeps FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY PlayProSweeps'S NEGLIGENCE OR WILLFUL MISCONDUCT.
15.7 TO THE EXTENT ANY OF THE LIMITATIONS OF REMEDY, INCLUDING WAIVER OF THE RIGHT TO PRIVATE OR PUBLIC INJUNCTIVE RELIEF, ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH LIMITATIONS SHALL NOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THESE TERMS. THE PARTIES AGREE FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (SECTION 17), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS.
16. CUSTOMER SERVICE AND INITIAL DISPUTE RESOLUTION PROCEDURE
Customer Support
16.1 If You need customer service in relation to the Service, You may contact us by email at [email protected] or via our support page on the Platform.
16.2 To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your User Account for the Service. Failure to do so may result in our response being delayed.
Initial Dispute Resolution Procedure and Conference
16.3 The parties shall use best efforts to resolve informally any customer service issue promptly and in good faith. If for some reason You are not satisfied or your claim is not resolved (a "Dispute"), You may then pursue arbitration as set out below in Section 17. However, You must first submit a Notice of Dispute as set forth in this Section 16 and engage in a conference either by telephonic or videoconference means with PlayProSweeps prior to and as a condition precedent to initiating arbitration or any formal proceeding over a Dispute as required by Section 17.
16.4 Notice of Dispute Required Prior to Arbitration. The party initiating a claim over a Dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference. The initial conference shall occur within forty-five (45) days after the other party receives such notice or within a time period required by law, unless an extension is mutually agreed upon by the parties.
16.5 All initial dispute resolution conferences shall be conducted individually, between PlayProSweeps and You. Multiple individuals with Disputes cannot participate in the same informal telephonic dispute resolution conference. If a party is represented by counsel (which such representation will be at such parties' sole cost and expense), counsel may participate in the conference, but each party shall also attend and participate in the conference.
16.6 To notify PlayProSweeps that You intend to initiate an informal dispute resolution conference, please inform us by contacting [email protected], and include the following information:
- Your username and/or email address associated with Your User Account;
- Your first and last name, as registered on your User Account;
- Your residence address;
- Your telephone number (home and/or mobile);
- a detailed explanation of the complaint/claim and basis for the claim;
- any specific dates and times associated with the complaint/claim (if applicable); and
- the remedy,action or any amount You are seeking from PlayProSweeps
16.7 Upon receipt of Your Complaint, we will reply to Your communication within 7 working days, and We will respond in writing or coordinate and schedule a telephonic or videoconference within forty-five (45) days after receipt of such notice, unless an extension is mutually agreed upon by the parties. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner, and may, in PlayProSweeps's discretion, extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms.
16.8 The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a pre-condition to either party initiating a formal arbitration as provided in Section 15. If the parties do not reach an agreed upon solution within a period of forty-five (45) days from the time of the informal dispute resolution conference, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms and the Arbitration Agreement.
16.9 The aforementioned informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding, including litigation if you have successfully opted-out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
17. ARBITRATION & CLASS ACTION WAIVER AGREEMENT
IMPORTANT LEGAL NOTICE
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS.
17.1 Agreement to Arbitrate. You and PlayProSweeps mutually agree to waive the right to a trial by jury and to waive the right to participate in class actions or similar proceedings and agree that all Disputes between You and PlayProSweeps will be resolved through binding individual arbitration, except as set forth under Section 17.3 regarding Small Claims Court and Section 17.6 regarding intellectual property and equitable relief. This Arbitration Agreement is intended to be broadly interpreted and includes, but is not limited to (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) claims that arose before this or any prior Agreement (including, but not limited to, claims related to advertising or marketing); (iii) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and (iv) claims that may arise after the termination of these Terms of Service.
17.2 Scope of Agreement to Arbitrate. By agreeing to arbitration, You acknowledge that You are waiving the right to a trial by judge or jury. This Arbitration Agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into these Terms of Service, You and PlayProSweeps are each waiving the right to participate in a class action. Your rights will be determined by a neutral arbitrator (not a judge or jury), and Your claims cannot be brought as a class action. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PLAYPR0SWEEPS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS, OR OTHER RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING (AS DESCRIBED FURTHER IN SECTION 17.15).
17.3 Small Claims Court. Notwithstanding the foregoing, either You or PlayProSweeps may bring an individual action in small claims court if the action is within that court's jurisdiction and is pending only in that court. However, the small claims court option will not be available to You if you fail to file any such action in small claims court within thirty (30) days after the action, omission, event or occurrence giving rise to your claim or suit.
17.4 Lack of Estoppel/Preclusive Effect. Notwithstanding any provision in these Terms to the contrary, we agree that if PlayProSweeps makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while You are a user of the Services, You may reject any such change by sending PlayProSweeps written notice to the Notice Address within thirty (30) days of the change. By rejecting any future change, You are agreeing that You will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
17.5 Third Party Beneficiaries. All Released Parties (as defined in Section 15) are third party beneficiaries of this Arbitration Agreement and may enforce it in accordance with its terms.
17.6 Intellectual Property and Equitable Relief. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may seek relief in a court of competent jurisdiction for (a) infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, or patents), or (b) provisional equitable relief in aid of arbitration (including a temporary restraining order or preliminary injunction). If PlayProSweeps seeks provisional relief from a court, the arbitration of all Disputes between the parties will continue. Any such provisional relief sought and/or obtained from a court shall be immediately stayed pending the resolution of the claims to which such relief relates in arbitration. Neither You nor PlayProSweeps shall oppose such a stay request.
17.7 Separate Agreement. This Arbitration Agreement constitutes a separate agreement between the parties and will survive the termination of Your use of the Services or these Terms of Service and any settlement of all balances on the User Account.
17.8 Applicable Law. THIS ARBITRATION AGREEMENT AFFECTS INTERSTATE COMMERCE AND IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (FAA), AND NOT STATE LAW. THE RULES SET FORTH HEREIN SHALL PREVAIL OVER ANY CONFLICTING RULES THAT MAY OTHERWISE APPLY UNDER THE RULES OF THE DESIGNATED ARBITRATION PROVIDER.
17.9 Rules of Arbitration. The arbitration will be administered by JAMS ("JAMS") in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect, except as modified by this Arbitration Agreement. (The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 1-800-352-5267). If JAMS is not available, unwilling, or otherwise unable to conduct the arbitration consistent with this Agreement, the parties may mutually agree to a substitute arbitration provider. If the parties are unable to agree on a substitute provider, then the parties may petition a court of competent jurisdiction to appoint an administrator or arbitrator. The following rules shall apply to any arbitration under this Arbitration Agreement:
17.9.1 Individual Basis. All arbitrations will be conducted on an individual basis and not in a class, consolidated, or representative action or as a named or unnamed member in a class, consolidated, representative, multiple claimant, or private attorney general proceeding. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. See Section 17.15 below regarding waiver of class and representative relief.
17.9.2 Single Arbitrator. The arbitration shall be conducted by a single arbitrator. The arbitrator shall be a retired state or federal judge or a lawyer with at least ten (10) years of experience in the field of law forming the basis of the Dispute, who shall be selected by the parties from JAMS's roster of arbitrators. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
17.9.3 Exclusion of Certain Rules. To the extent the JAMS Rules conflict with this Arbitration Agreement, the terms of this Arbitration Agreement shall control. The JAMS Expedited Procedures and the JAMS Streamlined Arbitration Rules and Procedures shall not apply to arbitrations under this Arbitration Agreement.
17.9.4 Arbitrator Selection. Within fourteen (14) days of the selection of an arbitrator, the arbitrator shall provide to the parties a list of not less than eight (8) potential arbitrators for the parties to consider. Each party shall have the right to strike up to three (3) potential arbitrators from that list. If only one arbitrator remains unstruck, that person shall be appointed as the arbitrator for the arbitration. If multiple arbitrators remain unstruck after each party has exercised its strikes, JAMS (or the substitute arbitration provider if JAMS is unavailable) shall select one of the remaining arbitrators to serve as arbitrator.
17.9.5 Dispositive Motions. Notwithstanding any provision in the JAMS Rules to the contrary, either party may make a motion to the arbitrator seeking summary adjudication of a claim or issue in accordance with Rule 56 of the Federal Rules of Civil Procedure (as modified and applied by the arbitrator), or may make a motion to dismiss in accordance with Rule 12 of the Federal Rules of Civil Procedure (as modified and applied by the arbitrator).
17.9.6 Location. The arbitration will be conducted at a location in Cook County, Illinois. If You prefer, You may participate remotely, by telephone or videoconference. You and PlayProSweeps may also agree to conduct the arbitration by submission of documents, without a formal hearing.
17.9.7 Fees and Costs. If You are a consumer (using Services for personal or household purposes), PlayProSweeps will pay all JAMS filing, administration, case management, and arbitrator fees for any arbitration initiated pursuant to this Arbitration Agreement. If You are not a consumer, the fees and costs of the arbitration shall be allocated as provided in the JAMS Rules. Your responsibility for the fees and costs of arbitration (if any) will be limited to an amount not to exceed $250. However, if the arbitrator finds that either the substance of Your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules. In such case, You agree to reimburse PlayProSweeps for all monies it previously disbursed that are otherwise Your obligation to pay under the applicable rules. In addition, if You initiate an arbitration in which the relief sought by You exceeds $75,000, the payment of these fees will be governed by the JAMS Rules. Each party will bear the expense of its respective attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
17.9.8 Remedies. The arbitrator will decide the rights and liabilities, if any, of You and PlayProSweeps, and the Dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon You and us. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. You agree that the arbitrator shall not award You: (i) any punitive, incidental, consequential, or indirect damages, (ii) damages for any claim arising from or related to the Services that exceed the limitations set forth in Section 15.1-15.7 above.
17.9.9 Reasoned Award. The arbitrator must provide a reasoned award explaining the factual and legal basis for the arbitrator's determinations and the calculation of any damages awarded.
17.9.10 Confidentiality. The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) shall not be disclosed beyond the arbitration proceedings, except (a) as may be required by law or regulatory authority or by order of a court; (b) as may be required to confirm, enforce, or challenge an arbitration award or as may be required by a court in connection with judicial review of arbitration proceedings; (c) as may be necessary in connection with government investigation or inquiry; or (d) to the extent the parties otherwise agree in writing. The obligation of confidentiality in this section shall survive the termination of these Terms and the termination of the arbitration.
17.9.11 Back-up Arbitration Provider. If for some reason JAMS is unable to conduct the arbitration (and a substitute provider has not been agreed upon), You and PlayProSweeps agree to use another nationally recognized alternative dispute resolution provider that will enforce this Arbitration Agreement as written.
17.9.12 Appeal Rights. Either party may appeal an arbitration award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award requested by the appealing party. The appeal must be initiated within thirty (30) days of the issuance of the initial award. The panel's decision shall be by majority vote. Reference to one arbitrator in this section is also a reference to the three-arbitrator panel to the extent applicable. The costs of such an appeal will be borne in accordance with Section 17.9.7 above. This appeal right does not apply to arbitration awards of $50,000.00 or less.
17.10 Batch Arbitration. To increase the efficiency of resolution, in the event that 20 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm or organization are submitted to JAMS against PlayProSweeps within a sixty (60) day period (or such longer time as the parties or JAMS may agree in writing) (a “Batch”), JAMS and the parties shall process the arbitration demands in sequential groups of not more than twenty-five (25) demands per group (“Bellwether Proceedings”). The Bellwether Proceedings shall be determined by lot, with each side (You and PlayProSweeps) able to select up to ten (10) arbitrations of their choosing. PlayProSweeps will pay the filing, administration, case management, hearing, and arbitrator fees for the first Bellwether Proceeding only. Fees and costs for subsequent Bellwether Proceedings will be paid as provided in Section 17.9.7 above. While one Bellwether Proceeding is adjudicated, no other demand for arbitration that is part of the Batch may be processed, and the time limitation in Section 15.3 shall be tolled until the Batch is resolved. If the parties are unable to resolve the remaining demands in the Batch after the Bellwether Proceedings, either party may request that JAMS appoint a single arbitrator to determine the remaining demands on the papers (unless the parties and JAMS agree to have each demand heard by separate arbitrators individually).
17.11 Rule 11 Certification. By filing any claim in arbitration or in any court of law, You and Your representative certify that, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that the factual contentions and legal contentions asserted in the pleadings or motions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and that the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Failure to satisfy the requirements of this Section may result in sanctions.
OPT-OUT RIGHTS
17.12 Opt-Out. You have the right to opt out and not be bound by the arbitration provisions set forth in this Section 17 by sending written notice of Your decision to opt out to the following email address: [email protected] with the subject line "OPT-OUT" within thirty (30) days of the date You first registered for a User Account or within thirty (30) days after this Arbitration Agreement became binding on You, whichever is earlier.
17.13 Opt-Out Requirements. The notice must include Your first and last name, address, the email address used to register Your User Account, and an unequivocal statement that You want to opt-out of this Arbitration Agreement. If You opt-out of this Arbitration Agreement, PlayProSweeps also will not be bound by it, and all other parts of these Terms of Service will continue to apply to You.
17.14 Effect of Opt-Out. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that You may have with us. If You send the opt-out notice after the deadline, You will not be permitted to opt-out, and You will be required to arbitrate all Disputes with PlayProSweeps in accordance with these Terms.
17.15 WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED (IF YOU VALIDLY OPT-OUT) ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This class action waiver is an essential part of the arbitration agreement and cannot be severed from the agreement to arbitrate. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth herein shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
17.16 Severability. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision shall be severed from these Terms of Service; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable. Notwithstanding the foregoing, if the Class Action Waiver (Section 17.15) is deemed invalid or unenforceable, then this entire Arbitration Agreement (except for this sentence) shall not apply.
18. Waiver of Jury Trial
18.1 IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED BETWEEN YOU AND PLAYPR0SWEEPS.
19. Miscellaneous
19.1 Entire Agreement. These Terms of Service and Privacy Policy represent the entire agreement between You and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us, with respect to the Services. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19.2 Tax. You are solely responsible for any tax liabilities which may arise as a result of Your use of the Service and/or participation in any Games.
19.3 Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, acts of civil or military authority, acts of terrorism, civil disturbance, war, strikes or other labor disputes, fires, power failures, equipment failures, earthquakes, floods, other disasters, interruptions in telecommunications or Internet services or network provider services, failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services, compliance with any statute, regulation or government order, or any other cause, whether similar or dissimilar to those enumerated, that is beyond our control.
19.4 Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.
19.5 Waiver. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. A waiver by us of any default shall not be deemed a waiver of any subsequent default.
19.6 Headings. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
19.7 Relationship of the Parties. Nothing contained in these Terms of Service will be deemed or construed to create a joint venture, partnership, agency, or employment relationship between You and us. You understand and agree that, as between the parties, You shall not have any authority to bind us.
19.8 Contact Information. If You have any questions about these Terms of Service, please contact us at [email protected].
19.9 Third Party Beneficiaries. Except as expressly provided in this Section 19.9 and Section 17.5, there are no third party beneficiaries to these Terms of Service.
19.10 Survival. Upon termination or expiration of the Terms, Sections 14, 15, 16, 17, 18, 19, and 20 of these Terms shall survive and continue in full force and effect.
20. Applicable Law and Jurisdiction
20.1 The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms and Your use of the Services. Except where our arbitration agreement applies (see Section 17) or where You have opted out of arbitration, You and we irrevocably agree that the courts of Cook County, Illinois have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or Your use of the Services, and You and we irrevocably submit to the exclusive jurisdiction of such courts.
20.2 Notwithstanding the foregoing, the Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation and enforcement of Section 17 of these Terms of Service.
Sponsor Address
100 S. State St. Suite 401-2029
Chicago, IL 60603
United States
Version: 2.0 (Updated January 15, 2026)
Effective Date: January 15, 2026. These Terms supersede and replace all prior versions.
This Terms of Service, together with the Official Sweepstakes Rules, Privacy Policy, Responsible Social Gameplay guidelines, and House Rules/FAQ, form the complete agreement between you and PlayProSweeps LLC regarding your use of the Platform.
Sponsor Address
100 S. State St. Suite 401-2029
Chicago, IL 60603
United States