Papaya Gaming – “Elite Sailaway” Terms
SECTION 18 OF COMPANY’S TERMS AND CONDITIONS CONTAINS A BINDING ARBITRATION AND WAIVER OF CLASS ACTION CLAUSE. PLEASE REVIEW THAT CLAUSE CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
The following are the terms and conditions of the Papaya Gaming tournament in its games (the “Elite Sailaway Promotion" and "Elite Sailaway Terms"), which is sponsored by Papaya Gaming Ltd. ("Company", "us" or "we" or "our") and will be active on the Company's game Solitaire Cash (the "Game"). Participation in the Tournament shall be subject to the provisions below and the Papaya Gaming Terms and Conditions ("Terms"), General Promotion Rules ("General Promotion Rules") and Privacy Policy ("Privacy Policy").
Capitalized terms used but not defined herein shall have the meaning given to them in the Terms and General Promotion Rules.
General
1. The Elite Sailaway Promotion shall commence on August 16th 2024, at: 4am UTC and shall conclude on August 18th 2024, at: 1am UTC (the “Tournament Period”).
2. You agree that in order to participate in the Elite Sailaway Promotion (including, without limitation, in order to win any reward), you will fully comply with all applicable laws, regulations, statutes, ordinances and provisions that apply to you and to us, including, without limitation, these Elite Sailaway Terms, Terms, Privacy Policy and General Promotion Rules.
3. There is no cost to enter the Tournament, or any obligation associated with participating in it, except as described below.
Eligibility
4. By participating in the Tournament, you hereby represent and warrant that in addition to the general eligibility requirements in our General Promotion Rules, you: (i) have an account registered with the Services; (ii) are at least 18 years old; (iii) are eligible under applicable law to participate in the promotion; (iv) Reside in the USA or Canada, and do not reside in Connecticut, USA (v) have the full right and authority to participate in the Promotion; and (vi) member in each of the following Facebook groups – (i) Solitaire Cash: Jamie's Elite VIP Club (ii) Solitaire Cash: Ruby's Elite VIP Club; and (iii) Solitaire Cash: Nathan's Elite VIP Club[PG1] .
5. You may not use multiple email addresses, accounts or identities or any other method in order to participate in the Tournament more than once. You may not register on behalf of another person.
6. You may be asked at any time to provide us or our designated third party with proof of your age and/or identity and/or residency and you must, on demand, be able to present a valid documentation which may enable us to verify your age, residency and/or identity to the reasonable satisfaction of our team. If you are unable to provide satisfactory documents, we may exclude you from the Elite Sailaway Promotion and may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion and/or forfeiture.
How to enter the Tournament and selection of winners
7. The Elite Sailaway Promotion consists of a series of two live tournaments, whereas the winner of the last and final live tournament from each group will be entitled to a Prize (as detailed below).
8. The stages Elite Sailaway Promotion are as follows:
· First Stage: The First Stage will last 47 hours. Players will be allocated into random groups and will compete in the "Deck of the Dreams" tournament. Only the players that have ranked among the top 50 players of the "Deck of the Dreams" tournament (on their respective group's leaderboard) will be eligible to receive a "golden ticket" and participate in the Second Stage.
· Second Stage: The Second stage will last 23 hours. Eligible players will be able to play in the "Golden Clash" tournament. The winners will be the player with the highest score in each "Golden Clash" tournament.
9. Any requests for participation that do not comply with the foregoing may be disqualified or void at our sole discretion. Company shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise you of an incomplete, invalid, or undeliverable submission. No other form or method for submitting an entry will be considered, unless otherwise set forth in the specific Tournament description.
10. The choice of winners is final and binding, unless stated otherwise in these Elite Sailaway Terms or the General Promotion Terms.
The Prize
11. Each winner in each respective group will receive a voucher for "Royal Caribbean Cruises", in the worth of two thousand USD ($2,000) (the "Prize") or an equivalent of that amount in local currency.
12. The winners are solely responsible for reporting and paying any and all applicable taxes related to the Prize and paying any expenses associated therewith which are not specifically provided for in the Elite Sailaway Terms.
13. By accepting the Prize, the winners irrevocably release and forever discharge the Company, its successors, assignees, and licensees from any future claims arising from the Promotion, the Services or the Prize.
14. Papaya reserves the right to substitute the Prize, including any specification or date, in its sole discretion, with or without notice
15. By accepting the Prize, the winners I agree that they will not assert or maintain against Company, its successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any reason in connection with their participation in the Promotion, the Services or accepting the Prize.
16. By participating in the Elite Sailaway, you allow the Company to contact you, for the purpose of administration of the Elite Sailaway and awarding of the Prize. We will notify each potential winner by sending a notification through Facebook Messenger, or by through the email address or phone number (which was used to register to the Services), within seven (7) days from the end of the Tournament Period.
17. If you win a prize, you may be required to take part in reasonable publicity, including in publicity events taking place after the Tournament Period. Winning a prize constitutes your consent that a representative of the Company will arrive at your residency to provide you with the prize and create PR materials. You hereby grant your consent for the Company to publish the following information regarding your win: Your name, username, PR materials of receiving the prize, state of residence and the prize. You hereby grant us permission to use your username and photos for PR and promotion purposes relating to the Elite Sailaway or Company and for our legitimate interests. All processing of personal data by us will be made in accordance with the terms of our Privacy Policy.
18. Except where legally prohibited, the potential prize winners may be required to sign and return, within 7 days of being notified, an affidavit/declaration of eligibility, liability and publicity release (“Affidavit”) in order to claim their Prize.
19. We will make three (3) attempts to contact the potential winners within seven (7) days. If we are unable to contact the potential winner within the specified time frame, or if such potential winner fails to sign and return the Affidavit, or is otherwise disqualified or does not comply with these Elite Sailaway Terms, General Promotion Rules or Terms, Company may forfeit the prize and grant it to another winner.
20. It is your sole responsibility to notify us in writing if you changed your email address during the Tournament Period.
21. The Prize will be delivered to winners within 10 days from the Company receiving the winner's full details (as required to provide the prize), unless Company, in its sole discretion, has any reason to believe the winner is not eligible to participate in the Elite Sailaway or to be awarded the prize.
22. The Company is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any of the Prize, regarding the use, value or enjoyment of the Prize, including, without limitation, their quality, condition, or fitness for a purpose. The winners of the Prize, hereby agree to release the Company and its affiliates, officers, directors, employees, and agents, from any and all claims in connection with the Tournament and the award or use of any of the Prize.
23. The Prize is not available to persons under the age of 18.
24. The Prize is non-transferable and cannot be redeemed for a cash equivalent.
25. By receiving the Prize, participants hereby release, hold harmless, covenant not to sue, and forever discharge the Company, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the Elite Sailaway Promotion, and each of its and their directors, employees, officers, and agents from and against any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Elite Sailaway Promotion, including without limitation (i) the administration of the Elite Sailaway Promotion, such as typographical, printing, seeding, human or other errors relating to or in connection with the Elite Sailaway Promotion, the processing of entries, the announcement of the Prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the Prize or Prize materials; (ii) Participants’ participation in the Elite Sailaway Promotion offered by the Company or their acceptance or use of a Prize, or participation in any Prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Elite Sailaway Promotion or any Elite Sailaway Promotion-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy; and/or (iii) liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any Prize or participation in any Prize-related activities.
Additional General Terms
26. The Company may cancel, modify or suspend the Elite Sailaway, and any of the Prize or benefits offered hereunder, including without limitation, where required for security reasons, to comply with applicable law or regulation, due to abuse or otherwise where due to circumstances beyond its control (e.g. epidemic, earthquake, strike, war, act of God etc.) the Elite Sailaway is not capable of being conducted as specified.
27. The Company reserves the right to change the Prize and terms of this Tournament at any time and without prior notice.
28. If we become aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Elite Sailaway, or if you acted in a disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Elite Sailaway or if you breached any of these Elite Sailaway Terms, General Promotion Rules, Terms and/or any additional laws, regulations and rules which apply to your use of the Services and/or your participation in any Elite Sailaway, then (i) we reserve the absolute right to automatically and immediately disqualify you or invalidate your entry, and (ii) we also reserve the right to seek damages and other remedies from you to the full extent permitted by law. If fraud, deceit, misconduct, dishonesty or other action is only discovered after any applicable reward has been granted to you, then you shall be required, upon demand, to return the prize (or provide equivalent compensation) to us immediately upon receipt of our demand to do so.
29. Winning a prize constitutes your consent that Company will publish the following information: Name, username, photo, state of residence and the prize, and you hereby grant us permission to use your username and photo for PR and promotion purposes relating to the Elite Sailaway or Company and for our legitimate interests. All processing of personal data by us will be made in accordance with the terms of our Privacy Policy.
30. For the avoidance of doubt, no additional third-party is involved in or sponsor this Elite Sailaway.
31. This Elite Sailaway is not endorsed by, affiliated, or associated with, maintained, or sponsored by any third party. All products, services and company names referenced and/or included are the registered trademarks of their original owners. The use of any mark, name, image, or likeness is for identification and reference purposes only and does not imply any association with the trademark holder, respective individual, or their brand. The Company expressly disclaims any affiliation with any third-party trademarks or rights of publicity referenced and/or included on the Elite Sailaway, or related materials. The use of any mark, name, image, or likeness is not intended to mislead, confuse the customer, or infringe on the copyright, rights of publicity, or trademark of any third party. Such use in no way indicates any relationship with any third party, nor does it signify that any such third party is the source of, endorses, approves of, or sponsors the use of our Services. We make no commercial claim to the use of any copyright, rights of publicity, or trademark of any third party, or suggestion of sponsorship or endorsement, and any such use is provided for informational purposes only.
32. Third party terms and conditions may apply to certain parts of a Prize, where applicable, and your acceptance of such terms and conditions may be required to be rewarded with the Prize, including any rules or terms set out on the voucher, including but not limited to Covid vaccination and tests, age limitations and registration. You acknowledge that the Company has no connection or liability to such third parties. Any problems or complaints that you may have with regard to such third parties should be directed to such third parties.
33. Governing law will be as detailed in our Terms.
34. In case of a conflict between these Elite Sailaway Terms, the General Promotion Rules or the Terms, these Elite Sailaway Terms shall prevail.
For information, support or questions, please contact us at support@papaya.com.