Papaya – Elite Players Walmart Gift Card Promotion August 2024
The following are the terms and conditions ("Promotion Terms") of Papaya's Elite Players Amazon Gift Card Promotion ("Promotion"), which is sponsored by Papaya Gaming Ltd. (“Papaya”, "us", "we" or "our").
By participating in the Promotion, you hereby represent and warrant that you have read and agreed to be bound by these Promotion Terms, the Terms and any and all other terms and conditions relating to the Promotion. In the event you do not agree to be bound by these Promotion Terms, or any amendments thereto, you must not participate or otherwise take part in the Promotion and you shall withdraw or discontinue your participation in the Promotion.
Capitalized terms used but not defined herein shall have the meaning given to them in the Terms.
General
1. The Promotion shall commence on August 29, 2024, at 17:00 UTC and shall conclude on September 1, 2024 at 17:00 UTC (the “Promotion Period”).
2. You agree that in order to participate in the Promotion (including, without limitation, in order to win the Prize (as defined below)), you will fully comply with all applicable laws, regulations, statutes, ordinances and provisions that apply to you and to us, including, without limitation, these Promotion Terms.
3. There is no cost and no purchase necessary to enter the Promotion or any obligation associated with participating in it, except as described below.
Eligibility
4. If you participate in the Promotion you hereby represent and warrant that you: (i) have a registered account with Papaya's services; (ii) are at least 18 years old; (iii) a member of Papaya's Elite group (iv) are eligible under applicable law to participate in the Promotion; (v) have the full right and authority to participate in the Promotion.
5. Participation in the Promotion is voluntary, and your participation in the Promotion is made at your own free will.
6. Papaya's employees (including, without limitation, part-time or temporary employees), officers, representatives, promotion agencies or sponsors directly involved in the administration, development, fulfilment, and execution of the Promotion, and their immediate family and other household members (i.e. spouses, parents, children, grandchildren, roommates, housemates, significant others, partners and siblings) of any of the above are not eligible to enter or win the Promotion.
The Prize
7. Papaya will one (1) Walmart Gift Card in the sum of two hundred USD (200$) ("Prize").
8. The Prize are non-transferable and cannot be redeemed for a cash equivalent.
9. Papaya reserves the right to substitute the Prize, including any specification or date, in its sole discretion, with or without notice.
10. Unless otherwise required by law, the Prize 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 Promotion.
11. In order to receive the Prize, winners may be required to provide some additional information (e.g. name, phone number, etc.) to claim their prize. If the winner does not provide such information and claim their prize within three (3) days of the Notification Date (as defined below), or is otherwise disqualified or does not comply with these Promotion Terms, the Prize will be deemed forfeited and Papaya may grant it to the next in line.
12. The Prize will be delivered to winners within 10 days from the winner providing all required information for delivery of the Prize, unless Papaya, in its sole discretion, has any reason to believe the winner is not eligible to participate in the Promotion or to be awarded the Prize.
13. Except where cannot be excluded by law, Papaya is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to 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 Papaya and its affiliates, officers, directors, employees, and agents, from any and all claims in connection with the Promotion and the award or use of the Prize.
Participation and Winner Selection
14. During the Promotion Period, players will be required to accumulate as tournament’s entries as possible in any limited time tournament offered by Papaya.
15. At the end of the Promotion Period, the player that have accumulated the highest number of tournament wins will be eligible to the Prize.
16. Winners will be notified by Papaya by September 5, 2024 ("Notification Date"), via an in-game pop-up and a message via Messenger/email.
Limitation of Liability and Release
17. By entering into the Promotion, you agree to release, indemnify, and hold harmless Papaya, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, and agents (collectively, the “Releasees”) from and against any and all claims, expenses and liability sustained or incurred from participation in the Promotion and the receipt and use of the Prize awarded through the Promotion arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise, caused by the Releasees, the Promotion or the Prize.
18. You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the services, other participants, or by any of the equipment or programming associated with or utilized in the Promotion and that the Releasees assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Promotion or receipt or use or misuse of any Prize; (ii) any computer, telephone, cable, satellite, network, electronic or internet hardware or software malfunctions or failures, problems with connections or availability; or (iii) unauthorized human intervention.
19. In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of your participation in the Promotion. Without limiting the foregoing, the Promotion and Prize are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Fraud
20. If we become aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Promotion, or if you acted in a disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Promotion or if you breached any of these Promotion Terms, the Terms or any additional laws, regulations and rules which apply to your participation in the Promotion, then we reserve the right to: (i) prohibit your participation in the Promotion; (ii) automatically and immediately disqualify you or invalidate your entry to Promotion, and (iii) 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 Prize 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.
Changes to the Promotion
21. Papaya may cancel, modify terminate or suspend the Promotion, 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 of its policies, violation of the integrity of the Promotion or otherwise where due to circumstances beyond its control (e.g., epidemic, earthquake, strike, war, act of God etc.) the Promotion is not capable of being conducted as specified.
22. Papaya reserves the right to modify, alter, or change the Promotion Terms, including the Prize at any time in its sole discretion. To the extent practically possible, Papaya shall make reasonable efforts to ensure all changes are made known prior to the beginning of the Promotion. You acknowledge that you shall be responsible for staying up to date with any and all changes made to the Promotion or Promotion Terms. In the event of modifying the Promotion Terms, your continued participation in the Promotion constitutes acceptance of the modified Promotion Terms.
Additional General Terms
23. You may be required to participate in shooting, or to provide some photos from attending the Prize. By participating in the Promotion, you hereby: (i) agree to take part and cooperate with any reasonable requirements; (ii) consent to Papaya’s usage of any one or more of the following for on-air broadcast, online usage or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: your name; voice; likeness; Prize won; and the substance of the entrant’s entry form or any other Promotion submissions. You hereby grant Papaya a perpetual, unlimited, non-exclusive, royalty-free, right and license to use any or all of the foregoing in any manner as determined by us in our sole discretion.
24. If any potential winner is required by any applicable law, these Promotion Terms, or by any other applicable rules and regulations to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us as a pre-condition to receiving the Prize.
25. Third party terms and conditions may apply to the Prize, where applicable, and your acceptance of such terms and conditions may be required to be rewarded with the Prize. You acknowledge that Papaya 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.
26. This Promotion is not endorsed by, affiliated, or associated with, maintained, or sponsored by any third party other than Papaya. All products, services and company names referenced 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. Papaya expressly disclaims any affiliation with any third-party trademarks or rights of publicity referenced or included on the Promotion, 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.
27. Our decisions regarding the administration and operation of the Promotion, including, without limitation, the selection of potential winners is final and binding. Papaya's systems will be used for determining when the Promotion Period has commenced or concluded, and such determination shall not be disputed for any reason.
28. Papaya shall be the sole arbiter in all matters relating to the Promotion and the interpretation of these Promotion Terms. The decisions of Papaya will be final as to all matters, including, without limitation, whether any entry submitted is valid or not.
29. The Promotion will be governed by the laws of the state of Israel and entrants to the Promotion submit to the exclusive jurisdiction of the courts of Tel Aviv, Israel.
For information, support, complaint or questions, please contact: support@papaya.com