“Sweepstakes Official Rules”
“No Purchase Sweepstakes”
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. YOU HAVE NOT YET WON. SOME RESTRICTIONS APPLY.
ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES AND YOUR SUCCESS IN THE SWEEPSTAKES.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS WHO ARE AT LEAST 18 YEARS OLD AND OF THE AGE OF MAJORITY OF THE 48 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF NEVADA AND WASHINGTON STATE) AND MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ADDITIONAL CONDITIONS APPLY, PLEASE READ THESE RULES IN THEIR ENTIRETY.
By participating in the Sweepstakes, you agree to be bound by these Sweepstakes Official Rules. Please read these Sweepstakes Official Rules before entering the Sweepstakes. Failure to comply with these Sweepstakes Official Rules may (in the sole discretion of WGAMES Inc.) result in disqualification from the Sweepstakes. You must meet the eligibility requirements and follow the Sweepstakes Official Rules regarding participation as set forth here. WGAMES Inc. reserves the right to cancel, modify or suspend the Sweepstakes at any time in its sole discretion.
- SPONSOR: WGAMES Inc., Lower Penthouse, 134 Peter Street, Toronto, ON, CANADA M5V 2H2 (“Sponsor”).
- ELIGIBILITY: The Sweepstakes is offered only to legal United States residents in the 48 United States and the District of Columbia (excluding residents of Nevada and Washington State) who are at least 18 years of age and of the age of majority in their state at the time of entry and who are new registered users of the app, Neverland Casino(collectively, “Eligible Entrants”). Employees of Sponsor (collectively, “excluded parties”), or any of the excluded parties’ advertising agencies, officers, directors, agents and employees and their immediate family or household members are not eligible to participate in the Sweepstakes. A person cannot be an Eligible Entrant or winner if such person is a person (a) with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order or (b) who is acting, directly or indirectly, for or on behalf of any such person. All federal, state, and local laws and regulations apply. Individuals may be required to provide a valid identification and may be required to provide a valid taxpayer identification number or social security number to claim a prize. All federal, state, and local taxes are the responsibility of each winner.
- SWEEPSTAKES PERIOD: The Sweepstakes Period will begin on January 28 , 2020 and will end when all prizes are claimed or July 31, 2020, whichever occurs first. During the Sweepstakes Period, Sponsor will offer free to play games (“Games”) through the free the mobile app Neverland Casino (the “App”).
- HOW TO ENTER THE SWEEPSTAKES: Eligible Entrants will register for free in the App by clicking on the “No Purchase Necessary Sweepstakes” Icon during the Sweepstakes Period. No purchase or payment is necessary at any time. Using the form provided, Eligible Entrants will provide certain basic registration information, including email and mobile phone number, first and last name, date of birth, and zip code. Following phone and email verification, if requested, Eligible Entrants may play the Sweepstakes. Eligible Entrants who progress to the secret portals can open a Neverland Chest with their Key and earn a Golden Ticket that allows them to spin the Prize Wheel for a chance to win a cash prize or virtual coins. Users who are not Eligible for Sweepstakes, may still play Neverland Casino, where legally allowed by law, but will only receive virtual coins or other virtual rewards. Prizes will consist of cash prizes and virtual coins that are specified in the App.
Details regarding the prizes will be announced at the App. Entries may only be submitted during the Sweepstakes Period. Sponsor’s computer is the official clock for the Sweepstakes. An Eligible Entrant may submit one (1) entry (“Entry”) into each Game during the Sweepstakes Period, as described below. All Entries may only be submitted through the entry process available in the App. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason are void and will not be accepted. Entries that do not follow these Sweepstakes Official Rules will be not be accepted or will be disqualified. Any effort by a participant or any third party to misrepresent themselves or misrepresent their eligibility, qualifications or any other information, as determined by Sponsor in its sole discretion, will disqualify that participant. Sponsor’s determination of eligibility, in its sole discretion, shall be final. In the event any party challenges a term or provision of these Sweepstakes Official Rules, the party hereby expressly waives any and all opportunities to recover any amount, or collect any prize, from Sponsor relating to this Sweepstakes or otherwise.
- PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING: The Actual Retail Value (“ARV”) of the prizes vary but will be posted on the App, in advance of each Game. Cash Prizes values will range between $250 and $10,000 U.S. Dollars. Any virtual rewards, including virtual coins, have no cash value. Any difference between an Estimated Retail Value (ERV) and ARV will not be awarded. Prize winners will be notified through the App, SMS and/or email. Sponsor will furnish an Internal Revenue Service Form 1099 to winners for prizes over $600.00. The odds of winning a prize in the Sweepstakes will depend on the number of Eligible Entrants participating.
- FURTHER PRIZE INFORMATION: Sponsor will determine all details of the prizes in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of a prize are the sole responsibility of each winner. All decisions of Sponsor are final. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Neither Sponsor nor any of its agents, employees, affiliates, subsidiaries or contractors shall have responsibility or liability for cancellations, delays, or any other change in any Game (or the change in any prize), and Sponsor and its agents, employees, affiliates, subsidiaries or contractors are not responsible or liable for any expenses incurred as a consequence thereof.
- WINNERS SELECTION; CRITERIA: Eligible Entrants may open the Neverland Chest with their Key when reaching the secret portal. Upon opening the Neverland Chest Eligible Entrants earn a Golden Ticket to Spin the prize wheel to determine whether they are a potential winner of a prize. You will be deemed the potential winner of a prize, pending confirmation and/or verification of your eligibility and compliance with these Sweepstakes Official Rules.
- AWARD OF PRIZES: If you are a winner of a prize, you will be notified through the App. You are required to provide and maintain valid and current email and mobile information so that we can remit a prize to you and communicate with you about the prizes. Before awarding a prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Sweepstakes Official Rules and to execute and return any required documentation, including but not limited to, an Affidavit of Eligibility and Release, a Publicity Release, a tax acknowledgment form, and to provide other information as required to award your prize. You must execute and return all documents completed in their entirety within ten (10) business days from the date any such documents are sent to you or you may forfeit a prize (in Sponsor’s sole discretion). If you are found to be ineligible or not in compliance with these Sweepstakes Official Rules, decline to accept a prize, Sponsor is unable to contact you, or in the event that a prize notification is returned undeliverable, you will forfeit a prize, and Sponsor may, in its sole discretion, select an alternative potential winner.
The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or other equivalent will be allowed, except by Sponsor in its sole discretion. FEDERAL, STATE, AND LOCAL TAXES, IF ANY, ARE YOUR SOLE RESPONSIBILITY.
- LIMITATION OF LIABILITY: Sponsor and its officers, directors, employees, owners, affiliates, subsidiaries, agents, contractors, suppliers, and partners (Sponsor and its officers, directors, employees, owners, affiliates, subsidiaries, agents, contractors, suppliers, and partners, hereinafter collectively, “Released Parties”) are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable Entries; or for any error in any Entry, in a Game, inability to play, or any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of Entry information, or the failure to capture, or loss of, any such information or of any Entries. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, the Sweepstakes or any Game is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, stop, modify or suspend the Sweepstakes or any Game. Sponsor also reserves the right to modify any prize as necessary. Sponsor and the Released Parties are expressly not liable for any harm, including but not limited to, any physical or emotional harm that may befall any person a result of participation in this Sweepstakes, including but not limited to any Game, the award or use of any prize, and participation or inability to participate in any activities associated with the Sweepstakes.
- ELIGIBLE ENTRANT E-MAIL AND MOBILE NUMBER: Entries are deemed made by the authorized account holder of the e-mail address and mobile number submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address or mobile number by an Internet access provider, service provider, mobile phone company or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or mobile phone numbers for the mobile phone number associated with the entry. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address or mobile phone number associated with a winning Entry. Prizes will only be awarded to the authorized account holder.
- ENTRIES BECOME PROPERTY OF SPONSOR: All Entries become the property of Sponsor. By entering the Sweepstakes, Eligible Entrants grant Sponsor and its affiliates, subsidiaries partners, and authorized users, the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Entries and to incorporate the Entries in other works in any and all markets and media worldwide in perpetuity. Eligible Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Entries will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Sponsor is not under any obligation to copy, publish, display, or otherwise exploit any Entry submitted in the Sweepstakes, but by entering the Sweepstakes you consent to Sponsor, and its affiliates and subsidiaries, displaying your Entry, including announcing you as the winner of a prize on the App, in social media and in other media, including on any website or mobile app. Entries constitute permission (except where prohibited by law) to use Eligible Entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, Sweepstakes, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, except as required by applicable law.
- BINDING NATURE, WAIVER, INDEMNIFICATION: By entering the Sweepstakes, you, and on behalf of your heirs, executors, and administrators, agree: (a) to be bound by these Sweepstakes Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Sweepstakes Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Sponsor or any of the Released Parties in connection with the Sweepstakes, any Entry, any Game, or a prize or any activities or events associated with a prize; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Sweepstakes, any Game, any prize (or any activities or events associated with a prize), the Entries, or any other activities engaged in in connection with the App, the Sweepstakes, the Entries, any Game, or any prize, including but not limited to your participation or inability to participate in the Sweepstakes, any Game, any prize, or any other activity, (ii) typographical or printing errors in these Sweepstakes Official Rules or in any Sweepstakes materials, including but not limited to any instructions, social media posts, advertising or Sweepstakes materials, (iii) any change in any Game or prize (or any components thereof), including but not limited to, due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of the Sweepstakes or of any Game or of any prize or any component of any prize, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any social network, website, mobile application, telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access the App, any Game, or to submit any Entry or to receive a prize, (ix) any lost/delayed data or video transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sponsor or the Released Parties or of any other third party, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you or of any third party.
- DISCLAIMERS, DISPUTE RESOLUTION AND LIMITATIONS OF LIABILITY: PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SPONSOR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPONSOR: Each participant hereby forever discharges, releases, and agrees to defend, indemnify and hold harmless Sponsor and the Released Parties, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in the Sweepstakes, in any Game, or the awarding, acceptance, use or misuse of any prize (or any activities in connection with any prize), sponsorship or marketing benefits provided under the Sweepstakes. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, including but not limited to any Game or of any prize, shall be resolved individually, without resort to any form of class action. This Sweepstakes shall be governed by, and construed in accordance with, the internal laws of Toronto Canada. Any action or litigation concerning this Sweepstakes shall (1) take place exclusively in the courts of Toronto, Canada and each participant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts; or (2) in the sole discretion of Sponsor, exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) or of JAMS and held at the AAA or JAMS regional office nearest the participant. If Sponsor elects arbitration pursuant to this paragraph, the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration and judgment upon such arbitration award may be entered in any court having jurisdiction. All participants agree to abide by the terms of these terms and conditions and the decisions of the Sponsor, which are final, and waive any right to claim ambiguity in these terms and conditions. In the event any party challenges a term or provision of these Sweepstakes Official Rules, the party hereby expressly waives any and all opportunities to recover any amount from Sponsor and the Released Parties relating to this Sweepstakes or otherwise. Each participant agrees to service of process by mail or other method acceptable under the laws of Toronto, Canada or the jurisdiction in which such participant resides. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE SWEEPSTAKES, IF ANY. EACH PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN NO EVENT WILL SPONSOR OR ANY OF THE RELEASED PARTIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ANY PERSON OR ENTITY’S PARTICIPATION IN THE SWEEPSTAKES OR OF ANY GAME OR THE AWARD OR USE OR INABILITY TO USE A PRIZE, OR ASSOCIATED WITH ANY ASPECT OF A PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR OR ANY RELEASED PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Sponsor and the Released Parties disclaim any liability from and in connection with the Sweepstakes, any Game, the App, any prize, or any component thereof.
- PUBLICITY RIGHTS: By accepting a prize, you agree to allow Sponsor, and any Sponsor designee, the perpetual right to use your name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world-wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law; if requested by Sponsor, you shall provide any requested consents.
- CONTACTS/CONSENT TO USE OF PERSONAL INFORMATION: You consent to Sponsor contacting you via your phone number or email concerning the Sweepstakes, including notifying you if you are a potential winner or winner of a prize. You warrant, represent, and agree that you have the right to provide your phone number and email to Sponsor in connection with any Entry and the Sweepstakes, and to have Sponsor contact you at such phone number, and email, even if such phone number or email is provided by, or associated with, an employer. You expressly consent to Sponsor and its partners and affiliates’ use of your contact information, including your phone number or email, for marketing and other purposes in the Sweepstakes and for other marketing and informational contacts. I further authorize Games and its partners and affiliates to place telemarketing calls and texts using an automatic telephone dialing system and/or using artificial or prerecorded voices (or for other purposes) to the telephone numbers I have provided (including mobile phone numbers) or that I provide in the future. I understand and agree that I am not required to agree (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any goods or services from Games and its partners and affiliates. I am authorized to provide this consent. If you do not wish to receive such contacts, please opt-out following the instructions on the communications or contact Sponsor at [WGAMES Inc. Attn: No Purchase Sweepstakes, Lower Penthouse, 134 Peter Street, Toronto, ON, CANADA M5V 2H2. The information you are providing to Sponsor is being provided to Sponsor and may be used to notify you if you have won, and to inform you about special offers from Sponsor and our trusted partners.
- SEVERABIITY: You agree that these Sweepstakes Official Rules are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Sweepstakes Official Rules. These Sweepstakes Official Rules will be deemed amended to the extent necessary to make these Sweepstakes Official Rules enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the parties; and the remaining terms and provisions will remain in full force and effect. If any provision of these Sweepstakes Official Rules is found by a court of competent jurisdiction to be invalid, Sponsor will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of Sponsor as reflected in the original provision. The invalidity or unenforceability of any provision of these Sweepstakes Official Rules does not affect the validity or enforceability of any other provision of these Sweepstakes Official Rules, which will remain in full force and effect.
- SOCIAL MEDIA NETWORKS’ RELEASE: Each participant fully and completely releases each social network utilized to participate in this Sweepstakes, including Facebook, Instagram, and Twitter. Further, you acknowledge and agree that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter, or any other social media platforms. All questions regarding the Sweepstakes or Sponsor must be directed to Sponsor. The integration of third-party social networking sites and applications is provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Apple and Google and Amazon Disclaimers: You acknowledge and agree that these Sweepstakes Official Rules are between you and Sponsor, and do not impose any obligations upon Apple Inc. (“Apple”) and Google LLC. (“Google”) and Amazon.com, Inc (“Amazon”). You further acknowledge and agree that: Apple and its subsidiaries and Google and its subsidiaries and Amazon and its subsidiaries are third-party beneficiaries under these Sweepstakes Official Rules and that, under these Sweepstakes Official Rules, Apple and Google and Amazon will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of these Sweepstakes Official Rules against you as a third-party beneficiary thereof. Apple and Google and Amazon have no responsibility for the App or any included content. To the maximum extent permitted by applicable law, Apple and Google and Amazon will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple and Google and Amazon are not responsible for addressing any of your claims or those of any third-party relating to the App or your possession and/or use of the App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, Apple and Google and Amazon will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
- WINNER’S LIST: Winners will be listed on the App. At Sponsor’s discretion, winners may also be announced on social media platforms. You may also obtain a list of winners by writing your name and address on a “3×5” card and mailing it in an envelope to: Winners List, WGAMES Inc. Attn: No Purchase Sweepstakes, Lower Penthouse, 134 Peter Street, Toronto, ON, CANADA M5V 2H2. Winner List requests will only be accepted after the winner(s) of each Game are announced and requests must be received no later than thirty (30) days after the announcement of the applicable Game’s winner(s).
Copyright 2020 WGAMES Inc. All Rights Reserved. These Sweepstakes Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.