Terms & Conditions of Use Agreement

NO PURCHASE NECESSARY TO PLAY

NO PURCHASE NECESSARY TO ENTER OR TO WIN

VOID WHERE PROHIBITED, OFFICIAL RULES AND RESPONSIBLE GAMING POLICY APPLY

READ  SECTION 11 - BINDING ARBITRATION AND CLASS ACTION WAIVER CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Version 1.3              Date Published: April 1, 2024

IMPORTANT NOTICE: These Terms and Conditions of Use have been updated since the last version published on March 15, 2024, supersede and replace all prior agreements and versions of Terms and Conditions of Use.

SSPS LLC operates our Website and Services in the Permitted Territory with its business address at 1201 North Market Street, Suite 111-H77, Wilmington, DE 19801. These Terms and Conditions of Use apply to and are binding upon you if you use our Website. Please read and review these Terms and Conditions of Use (the “Agreement”) along with the Privacy Policy, Responsible Social Gaming Policy, Rules of Sports Prediction, Rules Regarding Sweeps Coins, Customer Eligibility Requirements, and any other documents which form part of our documentation (the “Documentation”) before using our Website. By accessing or using our Website (as defined below), you acknowledge that you have read, understood, and accepted this Agreement and our Documentation. Your continued use of our Website signifies that you accept any updates made to this Agreement. If you do not agree with any part of this Agreement, you may not access or use our Website.

PLEASE NOTE THAT SECTION 11 OF THESE TERMS AND CONDITIONS INCLUDES A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME.

  1. Definitions
  1. The following definitions apply to this Agreement:
  1. “Account” means your User account with us, which you sign up for at sportzino.com;
  2. “Content” means all information, Games including sports prediction games, Documentation, images, text, data, links, documents, software, Sweeps Coins, Gold Coins, or other materials accessible and available to Users through our Website. All Content is subject to and protected under the intellectual property rights;
  3. “Covered Information” means information which allows a specific person to be contacted either physically or online, including, without limitation, first and last name, address, email address, phone number, or other identifier which allows a specific person to be contacted either physically or online;
  4. “Data Protection Officer” means the person designated by us to address data protection matters related to the Service;
  5. “Eligible Participant” means a person who has met the requirements in our Customer Eligibility Requirements document;
  6. "Excluded Territory” means a geographic location where Users are not permitted to access the Website including, but not limited to the States of Washington, Idaho, Georgia, and Michigan;
  7. Sweeps Coin” means the in-game currency as defined in the Rules Regarding Sweeps Coins;
  8. “Game(s)” means any game including prediction sports, that we offer through our Website;
  9. “Gold Coin” means the in-game currency used to play Games that cannot be redeemed for Prizes;
  10. “Restricted Jurisdictions” mean the States of New York and Florida where the maximum win for a single SC play within a game is restricted to less than 5,000 SC. For further details please check the Sweeps Rules; 
  11. “Participant” means a User who obtains Sweeps Coins, participates in games or prediction sports using Sweeps Coins, and/or redeems Sweeps Coins;
  12. “Permitted Territory” means any territory in which we permit our services to be offered. We reserve the right to change our Permitted Territories at any time at our sole discretion. Information on Permitted Territories is set out in our Participant Eligibility Requirements document;
  13. “Prediction Rules” or “Sports Prediction Rules” mean rules of prediction for various sports events available to the Participant on the Website from time to time;
  14. “Prize(s)” means Sweeps Coins which are eligible to be redeemed by a Participant;
  15. “Promotion(s)” means any of our promotions which allows Participants to obtain Sweeps Coins, participate in Games using Sweeps Coins, and/or redeem Sweeps Coins;
  16. “Product” or “Products” mean www.sportzino.com, all Content and similar materials offered to the User as a part of our Service. Our Products are fully and solely owned by Blazesoft Ltd.;
  17. “Rules Regarding Sweeps Coins” means document setting out the rules regarding the collection, use, and redemption of Sweeps Coins, also referred to as Sweeps Rules;
  18. “Service” means any of the services available through our Website or mobile applications;
  19. “Terms and Conditions of Use” or “Terms of Use” or “Terms and Conditions” have the same meaning throughout this Terms and Conditions of Use and refers to the
  20. “Third Party Game(s)” means a Game or Games which are provided by a third party and include sports prediction games;
  21. “User/s” means a person who uses the Service;
  22. “Website” means our website available at https://www.sportzino.com and includes our Products and Service which is fully owned by Blazesoft Ltd.

  1. Eligibility
  1. To use the Services, you must:
  1. Be an Eligible Participant;
  2. Open an Account;
  3. Be of the age of majority in your jurisdiction;
  4. Be located in a Permitted Territory;
  5. Not be one of Our employees, affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of our Games and their immediate family and household members.
  1. Our Website is only for Users who reside and are located in a Permitted Territory. All Users are solely responsible for ascertaining whether it is legal in your jurisdiction to participate on our Website. Any User who knowingly accesses or attempts to access our Website from an Excluded Territory, including through the use or attempted use of a virtual private network (VPN) or other similar service, is in breach of this Agreement and may be subject to criminal prosecution.

  1. Accounts & Website Access
  1. In order to play the Games offered through our Website, Users must first open an Account.
  2. Opening an Account requires that you choose a unique Account name and password, along with any other information requested through our registration form. All details provided during Account registration must be accurate and kept up to date. You must not use an account name or password that contains language or words that contain hate speech, offensive or derogatory language of any kind, or infringe others’ intellectual property rights. We reserve the right to reject any account names or passwords.
  3. The name associated with your Account must match your legal name and identity. The name associated with your Account must also match the name on any credit card or form of payment used to deposit money into your Account.
  4. Users are only allowed to open and operate one Account. Opening, operating, attempting to open or attempting to operate multiple Accounts may lead to closure of all your Accounts and render any Gold Coins, Sweeps Coins, or Prizes won by you void.
  5. Your Account is solely for your benefit. It is your responsibility to ensure that your Account details, including your login details, password and any payment information are only accessible by you. You agree to not disclose your Account login details, password and payment information to any third party other than us.  You are solely responsible for all purchases made from your Account (whether or not these purchases were authorized by you), any use of your Account by third parties, and any activity linked to your Account. For greater certainty, we will not reimburse you for any unauthorized purchases made from your Account, including unauthorized purchases made by someone who is not an Eligible Participant. If you think that any of your information tied to your Account has been compromised, please notify us immediately.
  6. You are not permitted to transfer Gold Coins or Sweeps Coins across Accounts, nor are you permitted to accept Gold Coins or Sweeps Coins from other Accounts. You may not offer Gold Coins or Sweeps Coins for sale, gift or transfer of any type in any manner.
  7. If no activity has taken place through an Account for eighteen (18) months, we reserve the right to deactivate said Account.
  8. If you have not completed all documentation required to redeem a Prize, and if we are not able to contact you in a reasonable time using the contact method provided by you, you may forfeit the Prize.
  9.  Closing your Account is possible by contacting [email protected] and requesting your Account be closed.
  10. It is your responsibility to withdraw any Account balance remaining within seven days of requesting an Account closure. After seven days, your Account will be closed and any balance remaining in your Account will be forfeited.
  11. We take responsible social gaming seriously. For more information on an Account time-out or Self-exclusion, please see our Responsible Social Gaming Policy.
  12. We, in our absolute sole discretion, reserve the right to limit (for example, by setting daily purchase amount limits), suspend, close, refuse to open an Account or refuse to issue any redemptions of Sweeps Coins or Prizes in your Account for any reason we deem necessary, including, but not limited to, for any breach of this Agreement or for engaging or attempting to engage in any of the Prohibited Activities outlined in Section 7 of this Agreement.
  13. If any purchases are subject to a chargeback request, payment reversal, or if we suspect that fraudulent activity is occurring on Account, your Account will be immediately suspended and we may take the following steps: (i) close your Account; (ii) refuse to issue any redemptions of Sweeps Coins in your account; (iii) automatically request the return of any Prize redemptions from the payment processor or bank; or (iv) report to governmental authorities or law enforcement.
  14. If, for any reason, your purchase of Gold Coins is subsequently declined, you must contact us immediately to resolve this matter. If you do not contact us immediately, we may block your account and refuse to redeem Sweeps Coins.
  15. We may offer certain Eligible Participants early access to the Website or certain functionality on the Website (“Early Access”). During the Early Access period, certain features on the Website may be disabled. By participating in the Early Access period you understand and agree that you will have no recourse against us related to your experience on the Website during the Early Access period.
  16. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, run scripts, access or attempt to access our APIs, alter parameters, engage in brute force attacks, or otherwise interfere (“Interfere”) with the Website. If you in any way Interfere with the Website, you agree to pay all damages incurred by us. We will cooperate with authorities in prosecuting anyone who Interferes with the Website or otherwise attempts to defraud us or any other parties through use of the Website. We reserve the right to deny any or all access to the Website, to any User for any reason, at any time, at our sole discretion. You agree that we may block your access at any time, and at our sole discretion we may disallow your continued use of the Website without notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

  1. Playing Games on Our Website
  1. It is your responsibility to make sure that you understand the rules of any Game including sports prediction games offered on our Website before playing. The Rules of Prediction must be read carefully prior to playing sports prediction games.
  2. The Sweeps Rules shall be construed and read into these Terms and Conditions and shall have full force and effect during your game session on our Website, including, but not limited to the Playthrough Requirements, consequences of irregular play, etc. You must review the Sweeps Rules carefully. Foreign exchange transaction fees incurred through the purchase of Gold Coins are your responsibility.
  3. The payment method that you choose to use to purchase any Gold Coins must be registered under the same first and last name used during registration of your Account.
  4. We reserve the right to declare your participation in any of our Games to be void in our sole discretion, for any or no reason, including, but not limited to, if we conclude there has been or may be, a human, system or technological error that has occurred or may occur on our Website.
  5. All decisions made by us as to the administration and operation of Games are final and binding.
  6. Not all Gold Coin packages include Sweeps Coins. It is your responsibility to review the terms of all Gold Coin packages. All purchases of Gold Coins are final.
  7. The purchase of Gold Coins is the purchase of a temporary license granted to You by Us in accordance with Section 10 below, and allows you to participate in our games and is not a deposit of funds which can be withdrawn. Funds used to purchase Gold Coins will not, and cannot, be refunded to you. Gold Coins do not have any real money value. No refunds will be given.
  8. NO PURCHASE NECESSARY to obtain Sweeps Coins. You may receive 6 Sweeps Coins as a free claimable reward. Please follow the instructions in section 3.2 of the Rules Regarding Sweeps Coins document - Sweeps Rules
  9. Games may display the value of Sweeps Coins with a decimal point and fractional digits. The fractional digits displayed on such Games represent the fractional value of one (1) Sweeps Coin.
  10. New Games may be capped at a multiplier of 2,000 times of the play size for a single spin for  a period of fifteen (15) calendar days after the launch.
  11. Except for the Restricted Jurisdictions and Excluded Territories, the maximum total win shall be less than SC 10,000 within a period of 48 hours. We reserve the right, in our sole discretion, to take any action related to any win(s)  including voiding the amount of the win. Notwithstanding the above, the Sweeps Rules apply, and take precedence over this Section in case of a discrepancy between the Sweeps Rules and this Section.
  12. For sports prediction, the maximum total win is SC1,000 per prediction.
  13. Buy Feature
  1. All references to the word “BUY” shall be for entertainment purposes only. The “BUY” feature does not require the User to buy Gold Coins, Sweeps Coins, or any other in-game currency.
  2. If a User wins on a spin, the User can use their winnings to play a bonus game.
  3. If a User loses on a spin, the User can select “BUY” and play a bonus game immediately at a specific cost, which will be withdrawn from a User’s existing Account balance.
  1. Sweeps Coins are only valid for 120 days from the date a User last logged into their Account and will thereafter automatically be forfeited.  Prior to your Sweeps Coins being forfeited, you will be notified via email that you have registered with us during the time of account creation.
  2. Sweeps Coins may be forfeited if an Account is closed for any reason, or at our absolute discretion.

  1. Prize Redemption
  1. All Prize redemptions are subject to this Agreement.
  2. Please read our Rules Regarding Sweeps Coins where we explain the rules that must be met in order to become eligible to redeem Prizes.

  1. Promotions
  1. The Website may, from time to time, offer certain Promotions and these Promotions may have separate terms, conditions and rules that are Promotion specific and any Sweeps Coins credited to a Participant’s Account must be used in adherence to such terms and conditions. Where play requirements for Sweeps Coins are not specifically stipulated in Promotion specific rules then this Agreement will apply. Please refer to the Rules Regarding Sweeps Coins for more details.
  2. The Website may, from time to time, provide you with exclusive offers or packages (“Exclusive Offer(s)”) for your participation on our Website or for certain Promotions. Any Exclusive Offer communicated to you is solely for your benefit and shall only be redeemable by you. You shall not disclose any information regarding an Exclusive Offer to any third party for an improper purpose, which may include, but not be limited to, fraud or misrepresentation.  

  1. Prohibited Activities
  1. At any time, we reserve the right to (i) suspend or close your Account indefinitely or (ii) withhold all or part of the balance or recover from your Account or your bank account any Prizes, Gold Coins or Sweeps Coins, if you have breached or we believe you have breached any provision of this Agreement (including the Rules Regarding Sweeps Coins or Prediction Rules), or if we believe you have engaged, attempted to engage, or will engage in the future in any of the following activities:
  1. You operate multiple Accounts;
  2. You attempt to issue a chargeback or reverse a payment made to us without our consent;
  3. You misrepresent your Account details, including, but not limited to, your identity, age, location, place of residence, and citizenship;
  4. You are not the age of majority in your jurisdiction;
  5. You use your Account through a VPN or similar service;
  6. You access your Account from an Excluded Territory;  
  7. You communicate with us or our staff in an offensive manner, including, but not limited to, through racist, derogatory, threatening, sexually explicit or abusive language;
  8. You disclose information regarding an Exclusive Offer to a third party for an improper purpose such as fraud or misrepresentation;
  9. You disclose your Account information to a third party;
  10. You allow a third party to access your Account;
  11. You play a Game or use the Website in a coordinated manner with third parties or other User(s); or
  12. You make a false, misleading, derogatory or abusive statement about the Website on any public forum, including, but not limited to, Facebook, Twitter, Instagram, Reddit or any other social media platform.

  1. Financial Fraud
  1. You declare that the source of funds used by you for playing on the Website is not illegal and that you will not use the Website in any way as a money transfer system. You will not use the Website for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you.
  2. If we have reasonable suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Website will be terminated immediately and/or your Account terminated. If your Account is terminated or suspended in such circumstances, the Website is under no obligation to refund to you any balance that may be in your Account.  
  3. In addition to terminating your access to the Website and/or your Account, we reserve the right to prevent you from accessing any of the Website’s other services or accessing other services that are, or may be in the future, offered by us.
  4. In the case of a suspected fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment or dispute or fraud relating to ACH/e-checks), we reserve the right, in our sole discretion, to block a User’s Account, reverse any payouts made to a User, recover any funds paid to the User’s Account or bank account by us, and recover any losses incurred by us as a result of any fraudulent activity by the User. We may inform any relevant authorities or entities of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. Under no circumstances shall the Company be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen.
  5. You agree, warrant and represent that no chargebacks or other cancelation of purchases will be made relating to your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts. You shall remain liable to us for all monies owed to us in relation to such purchases, even if purchases made from your Account were not authorized by you.
  6. We shall be entitled to inform relevant authorities, other online service providers, banks, credit card companies, electronic payment providers, or other financial institutions (collectively, “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity.
  1. At any time, we reserve the right to ask you for verification documents including, but not limited to (i) identification information; (ii) credit information; (iii) banking information; or (iv) other verification information that we may reasonably require or that are required of us under applicable laws or by relevant regulatory authorities; in order to (i) verify your identity; (ii) verify the legal and beneficial ownership of the payment method(s) you use to make any deposits, purchases or withdrawals of Gold Coins, Sweeps Coins or cash; and/or (iii) prevent financial crime. For greater certainty, we may request the aforementioned information at times including, but not limited to, upon registration and/or before processing financial transactions.
  2. Examples of verification documents that we may require include, but are not limited to:
  1. Proof of income;
  2. Copy of photo identification, such as a Passport or Driver’s License;
  3. Documents showing proof of residence, such as a utility statement;
  4. Proof of ownership for any payment method used to deposit or withdraw funds;
  1. Failure to send in any requested documentation in the form we require within 30 days from the date the document was first requested by us may result in (i) refusal to provide redemption of a Prize (ii) the closure or suspension of your Account or (iii) any other action we deem necessary.

  1. Responsible Social Gaming Policy
  1. We take responsible social gaming seriously and have put in place measures promoting responsible social gaming.
  2. Please see our Responsible Social Gaming Policy for more details on how we want to help you play our Games responsibly.

  1. Privacy Policy
  1. We are committed to the protection of your privacy and personal data. Any use of your personal data will be done in accordance with our Privacy Policy.
  2. If we partner with a third party whereby they carry out certain functions for Us, we may be required to share your personal information with them. Your use of our Website and consent to this Agreement, gives your consent for us to share the necessary information with third party partners.

  1. License
  1. Through this Agreement, we are granting you a personal, limited, non-exclusive license to use our Website for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use our Website is non-transferable. The license may not be rented, leased, lent, sold, redistributed, or sublicensed in any way.
  2. The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a serious violation of these Agreements and subjects you to immediate termination of your license. You agree that you will not, under any circumstances:
  1. Exploit or reverse engineer any Games or the Website, for any commercial purpose;
  2. Use any unauthorized third-party software that intercepts or collects information from or through our Website;
  3. Violate any applicable law or regulation in connection with your use of our Website;
  4. Disrupt or assist in the disruption of: (i) any computer, device or server used to support our Website; or (ii) any other User’s use of our Website;
  5. Interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses;
  6. Reproduce, distribute, display, transfer or use any part of the Website except as expressly authorized by Us; or,
  7. Scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s information accessible through the Website. You understand that access to the Website may result in access to other user’s information as set out in the Privacy Policy available at https://www.sportzino.com/privacy-policy which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Information from other users constitute our confidential information.

  1. Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT (the “Arbitration Agreement”) CAREFULLY. THIS ARBITRATION AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND SSPS LLC SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT 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.

  1. ACCEPTANCE OF TERMS

By using, or otherwise accessing the Service, or clicking to accept or agree to the Terms and Conditions where that option is made available, you accept and agree to this Arbitration Agreement. If you do not agree to this Arbitration Agreement, then you may not access or use the Service or Website. All of your activity on the Website and all or your transactions with SSPS LLC, including all events which occurred before your acceptance of this Arbitration Agreement, are subject to this Arbitration Agreement.

  1. SCOPE OF AGREEMENT TO ARBITRATE

You and SSPS LLC agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, your access to or use of the Service, or to this Arbitration Agreement, the Terms of Use, the Sweeps Rules or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement, except that you and SSPS LLC are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and SSPS LLC agree and delegate to the arbitrator the exclusive jurisdiction to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

  1. SEPARATE AGREEMENT

The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Website, the Sweepstakes Rules or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.

  1. INFORMAL DISPUTE RESOLUTION

SSPC LLC wants to address your concerns without the need for a formal legal dispute. Before filing a claim against SSPC LLC, you agree to try to resolve the Dispute informally by contacting Customer Support department via [email protected]. Similarly, if you have provided an email address to us as part of your Customer Account registration, SSPC LLC agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, either party may pursue binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below.

  1. INITIATING ARBITRATION

Following the conclusion of the initial dispute resolution process required by this Arbitration  Agreement, you may seek arbitration of a Dispute in accordance with the provisions of this Arbitration  Agreement. The arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), except as modified by this Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at 202-223-8590, or its then current telephone number as provided on its web site, or by sending a written request to: The American Arbitration Association, 1120 Connecticut Avenue NW, Suite 490 Washington, DC 20036.  In the event the AAA is unavailable or unwilling to hear the dispute in accordance with this Arbitration  Agreement, the parties shall agree to, or a court shall select, another arbitration provider.  

By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) 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. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

  1. LOCATION OF ARBITRATION AND APPLICABLE RULES

You and SSPS LLC agree that:

  1. provided the Dispute involves solely individual claims for damages in accordance with the Agreement, the American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Rules in effect at the time arbitration is sought, available at www.adr.org, and the arbitration shall be conducted via telephone or other remote electronic means.  However, the parties agree: to select an arbitrator pursuant to the procedure set forth in R-12 of the Commercial Part Rules (instead of the Consumer Part Rules); that the AAA will only include arbitrators from the AAA National Registry Commercial Part list on the parties’ arbitrator selection list (instead of the Consumer list); and the AAA will only include arbitrators who are practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.

  1. You and SSPS LLC agree that the arbitration of any Dispute shall proceed on an individual basis and neither you nor SSPS LLC may bring a claim as a part of a Collective Arbitration.

Without limiting the generality of the Arbitration Agreement, and as an example only, a claim to resolve a Dispute against SSPS LLC will be deemed a Collective Arbitration if: (a) two (2) or more similar claims for arbitration are pending concurrently by or on behalf of one or more claimants; and (b) counsel for  two or more claimants are  same, share fees or coordinate in any way across the arbitrations.

  1. Notwithstanding the terms of this Arbitration  Agreement, to the extent a party attempts to assert any claims or seek relief on behalf of or for the use of other persons or a class under any theory, or in which injunctive relief is sought by a party that would significantly impact other SSPS LLC users or the operation of the Service or Website and its Content, the Commercial Arbitration Rules shall apply and, as appropriate, the Supplementary Rules for Class Action of the AAA may apply.

  1. the applicable AAA rules will govern payment of all arbitration fees.

  1. except as otherwise may be required by the AAA Rules, the arbitration will be held in Washington DC.

  1. the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit and that are not waivable under applicable law, however, any relief must be individualized to you and shall not affect any other persons.

  1. except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be confidential, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement.

  1. OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION AGREEMENT  IN CONNECTION WITH YOUR USE OF OUR SERVICE, WEBSITE OR ITS CONTENT, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION AGREEMENT  WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

IF YOU DO NOT WISH TO AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION AGREEMENT  IN CONNECTION WITH YOUR USE OF OUR SERVICE, WEBSITE OR ITS CONTENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY INCLUDING YOUR FIRST NAME, LAST NAME AND A BRIEF STATEMENT INDICATING THAT YOU DECLINE TO BE BOUND BY THE ARBITRATION PROVISIONS FOUND IN THIS AGREEMENT TO THE FOLLOWING ADDRESS:

10-8707 Dufferin Street, Thornhill, PO BOX #168, Ontario, Canada L4J 0A2

***NOTICE SENT TO OPT OUT AFTER THE 30DAY PERIOD SHALL NOT BE EFFECTIVE.***

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

  1. Under no circumstances will any Participant be permitted to obtain awards for, and all Participants hereby waive all rights to claim any punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (the costs associated with participating in this Promotion), and Participant further waives all rights to have damages multiplied or increased.

Class Action Waiver

  1. Any arbitration shall be conducted in the individual capacities of the parties only. No class action or other representative action will be undertaken.
  2. The parties expressly waive their right to file any class action or seek relief on a class basis.
  3. By accepting this Arbitration Agreement and the Terms of Use you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to this agreement. You also expressly waive and release, to the fullest extent available at law, any claim purported to be asserted by any other person on your behalf or for your use or benefit.
  4. WAIVER OF JURY TRIAL

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SERVICE, WEBSITE AND ITS CONTENTS  OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY.

  1. Exceptions to Agreement to Arbitrate for Temporary Relief

Notwithstanding the other provisions of this clause 11 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a court as authorized by clause 12 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.

  1. Jurisdiction and Applicable Law

All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the right and obligations of Users, are governed by, and construed in accordance with, the laws of Nova Scotia, Canada, without giving effect to any choice of law or conflict of law rules.

  1. Intellectual Property Rights
  1. All Content and Products available on the Website is the sole and exclusive property of Blazesoft Ltd. Any applicable third-party content is duly licensed to Blazesoft Ltd. Blazesoft Ltd. owns the sole title, sole ownership and legal interest in the trademarks, trade names, logos, patents, patent applications, web domains related to the Content and Products, inventive steps and ideas, trade secrets, copyrights, whether registered or not, in all jurisdictions where the Content and Products are available for the Users.
  2. We expect that all of our Users, Affiliates and third parties to respect our intellectual property rights.
  3. All Content and Products used by us in delivering our Website to you including, but not limited to, the software, images, graphics, photographs, animations, videos, music, audio and text are owned by us.
  4. Your use of our Website does not grant you any rights in our copyright materials.
  5. You do not have permission to use any of our copyright materials without our express written permission.
  1. Third Parties
  1. Our Website may enable or require access to other third party materials, games, services or websites (“Third Party Materials”) , including, but not limited to, social media platforms such as Facebook, Twitter, Reddit or Instagram.
  2. By using our Website, you agree to all Third Party Materials, which may include terms & conditions and privacy policies set out by Third Parties.
  3. Under no circumstances are we responsible for (i) any issues you have with Third Party Materials, including Third Party Games or (ii) any actions you take on Third Party websites. If you have an issue with a specific game, we strongly recommend contacting the provider of the Third Party Games directly to resolve your issue.  
  1. Indemnification
  1. You agree to indemnify, defend and hold harmless Us and Our affiliates, and Our respective officers, directors, owners, shareholders, agents, employees, contractors, suppliers, advertisers, promoters, partners and their agents, information providers and licensors (“Indemnified Party’’ or collectively “Indemnified Parties”) from and against any claims, liability, losses, costs and expenses incurred by an Indemnified Party in connection with:
  1. Any breach of this Agreement;
  2. Your use of our Website;
  3. Any payments made to your account;
  4. Any decision made by you to opt-out, Self-Exclude, or otherwise pause or close your Account;
  5. Any withdrawals made from your Account; and
  6. Any Prize redemption including Prize redemption requests.
  1. Limitation of Liability
  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR PARTICIPATION OR ANY OTHER ACT OR OMISSION BY US.
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE WEBSITE AND THE SERVICE AND TO CLOSE YOUR CUSTOMER ACCOUNT.
  3. WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE OUR WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACK-UP NETWORKS AND/OR SYSTEMS.
  4. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
  5. IF ANY PART OF THIS AGREEMENT IS DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PART SHALL BE DEEMED SEVERABLE FROM THE REST OF THE AGREEMENTS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

  1. General
  1. We may amend, alter, delete, or add to this Agreement at any time without notice to you.
  2. Any changes made to this Agreement shall take effect immediately upon their publishing to the Website and your continued access or use of the Website. You can check the “Date Updated” date at the top of these Terms of Use to determine the date of the last revision.
  3. You agree to review this Agreement regularly to stay current with changes that have been made.

Whole Agreement

  1. Unless otherwise indicated, this Agreement supersedes all prior oral or written Agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement or the Documentation.

Force Majeure

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations set out in this Agreement that is caused by events outside of our reasonable control.

No Agency

  1. Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

Explanation of Terms and Conditions

  1. Should you need any advice regarding any part of our Service, please contact us directly at [email protected].

Use of Sports Prediction Games on Our Website

  1. Sports prediction games are provided to You on our Website through a third party Provider. You are solely responsible to fully understand the Prediction Rules. The Prediction Rules must be read in conjunction with these Terms, Sweepstakes Rules, Participant Eligibility Criteria and Privacy Policy, as these affect your legal rights and are legally binding. The Prediction Rules are the sole rules which govern the sports prediction games and are subject to change from time to time. Please visit the Website and Prediction Rules regularly to familiarize yourself prior to playing.

Payment for Service

  1. A substantial portion of the payments made by you to us goes towards providing our entertainment services, which includes running our servers, developing and running our platform, and covering our operating costs such as customer support, rent, payroll, maintenance and other overhead costs.
  2. Marketing Communications
  1. Upon providing your consent when you sign up for an Account, SSPS LLC may send you electronic communications by way of email, post, SMS and/or telephone notification containing product and/or service offerings, promotions, invitations and/or special offers.
  2. You may stop receiving electronic communications from SSPS LLC at any time by contacting Customer Support via email at [email protected] or clicking on the unsubscribe link on such communications.
  1. Digital Millennium Copyright Act

Notice and procedure for making claims of copyright infringement

​​We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide our Copyright Agent a written Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (e.g., web page link);
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Copyright Agent can be reached in the following ways:

Mail:  10-8707 Dufferin Street, Thornhill, PO BOX #168, Ontario, Canada L4J 0A2

Email:  [email protected]

To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

CHANGE LOG:

February 7 2024: Updated the maximum total win from 5000 SCs to less than 10,000 SCs within 48 hours period; revised Section 11 Arbitration and Class Action waiver to include Arbitration Agreement.