These Terms and Conditions form a binding legal agreement between you and Prospector Gaming and apply to your use of any of our games or our platform in any way, through any electronic device (web, mobile, tablet, or any other device).
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE 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. SEE CLAUSE 22 FOR MORE INFORMATION.
You must read these Terms and Conditions carefully in their entirety. Using our product, requesting free credits, creating an account, or purchasing credits are all express agreement with our terms. By checking the box for acceptance during the registration process, or by accessing the games or creating a customer account, you confirm that you have read and agree to be bound by these Terms and Conditions and other game-specific or promotion-specific terms relevant to your participation. If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules, or terms you may not install or use the platform or play any game.
THE GAMES AND PLATFORM DO NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF IDAHO AND WASHINGTON) AND CANADA (EXCLUDING QUEBEC) ARE ELIGIBLE TO ENTER THE SWEEPSTAKES. PLEASE REFER TO CLAUSE 1.1 OF THE SWEEPS RULES TO CHECK YOUR ELIGIBILITY.
YOU CAN REQUEST REDEMPTION OF ANY PRIZES BY CHATTING WITH OUR TEAM AT M.ME/PROSPECTORGAMING. WHERE PLAYERS REDEEM PRIZES FOR GIFT CARDS, SUCH PRIZES WILL BE ALLOCATED THROUGH AN ELECTRONIC PAYMENT TO THE BANK ACCOUNT YOU HAVE DESIGNATED.
DEFINITIONS
Collective Arbitration: Any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.
Content: Text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other material used, displayed, or available as part of the games and platform. Content includes credits and credits.
Customer Account: An account held by a registered customer.
Excluded Territory: The state of Washington in the United States, as well as any outlying U.S. territories or possessions, the province of Quebec in Canada, and any other jurisdiction outside of the United States and Canada.
Fraudulent Conduct: Any of the conduct described in clause 11.1.
Game: Any one or more game(s) available on the platform in either standard play or promotional play. We reserve the right to add and remove games from the platform at our sole discretion.
Inactive Account: A customer account that has not recorded any log-in or log-out for a period exceeding 12 consecutive months.
Merchandise: Any physical goods provided to you by Prospector Gaming as a reward or as a competition or tournament prize.
Participate: Playing any games or using our platform in any manner whatsoever, including any of the conduct described in clause 3.
Payment Administration Agent: The service provided through any related body corporate, affiliate, or third party we appoint to act as our agent, including but not limited to Prospector Gaming.
Payment Medium: Any card, online wallet, financial/bank account, or other payment medium used to purchase credits.
Platform: The services provided through any URL or mobile application belonging to, or licensed to “Prospector Gaming” family of games, including the website located at prospectorgaming.com, and all subdomains, subpages, and successor sites thereof, as well as all games, features, tools, and services available thereon.
Player or you: Any person who participates, whether or not a registered customer.
Player Support Team: Performs the player support function and has the meaning given in section 39(1) of the Player Protection Directive.
Prizes: Prizes won when playing promotional play games which are redeemable for valuable prizes in accordance with the sweeps rules.
Promotional Play: Participation in our sweepstakes promotions by playing any games on the platform with credits.
Registered Customer: A player who has successfully registered a customer account, whether that account is considered active or not.
Standard Play: Participating in any game on the platform played with credits. We may give you credits free of charge when you sign up to a platform and thereafter at regular intervals when you log into a platform. You may win more credits when you play in standard play, and you may purchase more credits on the platform. You cannot win prizes when you participate in standard play.
Credits: Sweepstakes entries subject to the sweeps rules. We may give you credits free of charge when you sign up to a platform, as a bonus when you purchase credits or via each of our free alternative methods of entry as set out in the sweeps rules. You may win more credits when you play sweepstakes games. YOU CANNOT PURCHASE CREDITS.
Sweeps Rules: The sweeps rules available on the platform.
Terms and Conditions: These terms and conditions, as amended from time to time.
Prospector Gaming, we, us, or our means Prospector Gaming.
LICENSING AND THE PROTECTION OF FUNDS
Funds equal to the aggregate value of prizes which registered customers have chosen to leave unredeemed are held by Prospector Gaming in accounts separate from its business account. This means that steps have been taken to protect such funds, but that in the event of insolvency there is no absolute guarantee that any prizes which you have not yet redeemed will be allocated or paid to you.
YOUR PARTICIPATION
Restrictions
You declare and warrant that:
You are over 18 years of age or such higher minimum legal
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE 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. SEE CLAUSE 22 FOR MORE INFORMATION.
Please read these Terms and Conditions carefully. By using our products, requesting free credits, creating an account, or purchasing credits, you are expressly agreeing to our terms. By checking the acceptance box during registration, or by accessing the games or creating a customer account, you confirm that you have read and agree to be bound by these Terms and Conditions and other specific terms related to your participation. If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules, or terms, you may not install or use the platform or play any game.
THE GAMES AND PLATFORM DO NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF IDAHO AND WASHINGTON) AND CANADA (EXCLUDING QUEBEC) ARE ELIGIBLE TO ENTER THE SWEEPSTAKES. PLEASE REFER TO CLAUSE 1.1 OF THE SWEEPS RULES TO CHECK YOUR ELIGIBILITY.
YOU CAN REQUEST REDEMPTION OF ANY PRIZES BY CHATTING WITH OUR TEAM AT M.ME/PROSPECTORGAMING. WHERE PLAYERS REDEEM PRIZES FOR GIFT CARDS, SUCH PRIZES WILL BE ALLOCATED THROUGH AN ELECTRONIC PAYMENT TO THE BANK ACCOUNT YOU HAVE DESIGNATED.
DEFINITIONS
Collective Arbitration: Any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.
Content: Text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other material used, displayed, or available as part of the games and platform. Content includes credits and credits.
Customer Account: An account held by a registered customer.
Excluded Territory: The state of Washington in the United States, as well as any outlying U.S. territories or possessions, the province of Quebec in Canada, and any other jurisdiction outside of the United States and Canada.
Fraudulent Conduct: Any of the conduct described in clause 11.1.
Game: Any one or more game(s) available on the platform in either standard play or promotional play. We reserve the right to add and remove games from the platform at our sole discretion.
Inactive Account: A customer account that has not recorded any log-in or log-out for a period exceeding 12 consecutive months.
Merchandise: Any physical goods provided to you by Prospector Gaming as a reward or as a competition or tournament prize.
Participate: Playing any games or using our platform in any manner whatsoever, including any of the conduct described in clause 3.
Payment Administration Agent: The service provided through any related body corporate, affiliate, or third party we appoint to act as our agent, including but not limited to Prospector Gaming.
Payment Medium: Any card, online wallet, financial/bank account, or other payment medium used to purchase credits.
Platform: The services provided through any URL or mobile application belonging to, or licensed to, Prospector Gaming, including the website located at prospectorgaming.com, and all subdomains, subpages, and successor sites thereof, as well as all games, features, tools, and services available thereon.
Player or you: Any person who participates, whether or not a registered customer.
Player Support Team: Performs the player support function and has the meaning given in section 39(1) of the Player Protection Directive.
Prizes: Prizes won when playing promotional play games which are redeemable for valuable prizes in accordance with the sweeps rules.
Promotional Play: Participation in our sweepstakes promotions by playing any games on the platform with credits.
Registered Customer: A player who has successfully registered a customer account, whether that account is considered active or not.
Standard Play: Participating in any game on the platform played with credits. We may give you credits free of charge when you sign up to a platform and thereafter at regular intervals when you log into a platform. You may win more credits when you play in standard play, and you may purchase more credits on the platform. You cannot win prizes when you participate in standard play.
Credits: Sweepstakes entries subject to the sweeps rules. We may give you credits free of charge when you sign up to a platform, as a bonus when you purchase credits or via each of our free alternative methods of entry as set out in the sweeps rules. You may win more credits when you play sweepstakes games. YOU CANNOT PURCHASE CREDITS.
Sweeps Rules: The sweeps rules available on the platform.
Terms and Conditions: These terms and conditions, as amended from time to time.
Prospector Gaming, we, us, or our refers to Prospector Gaming.
LICENSING AND THE PROTECTION OF FUNDS
Funds equal to the aggregate value of prizes which registered customers have chosen to leave unredeemed are held by Prospector Gaming in accounts separate from its business account. This means that steps have been taken to protect such funds, but that in the event of insolvency there is no absolute guarantee that any prizes which you have not yet redeemed will be allocated or paid to you.
YOUR PARTICIPATION
Restrictions
You declare and warrant that:
You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the games offered on the platform;
WHEN PARTICIPATING IN;
STANDARD PLAY, YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM THE EXCLUDED TERRITORIES; AND
PROMOTIONAL PLAY, YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM THE EXCLUDED TERRITORIES OR IDAHO;
You participate in the games strictly in your personal capacity for recreational and entertainment purposes only;
You participate in the games on your own behalf and not on the behalf of any other person;
All information that you provide to us during the term of validity of these Terms and Conditions is true, complete, and correct, and you will immediately notify us of any change to such information;
Money that you use to purchase credits is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
You will not purchase credits from a business or corporate account, but only an account held in your name;
You will not be involved in any fraudulent, collusive, fixing, or other unlawful activity in relation to your or third parties’ participation in any of the games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the games. We reserve the right to invalidate any participation in the event of such behavior;
In relation to the purchase of credits, you must only use a valid payment medium which lawfully belongs to you; and
You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any merchandise provided to you by Prospector Gaming.
CREDIT PURCHASES MADE FROM WITHIN THE STATE OF WASHINGTON IN THE UNITED STATES OF AMERICA WILL BE VOIDED AND REFUNDED, MINUS AN ADMINISTRATIVE FEE OF UP TO 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER, IN ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING THE AFOREMENTIONED REVERSAL.
It is a player’s responsibility to ensure that their participation is lawful in their jurisdiction. Any person who is knowingly in breach of clause 3, including any attempt to circumvent this restriction, for example, by using a VPN, proxy, or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by participating from an excluded territory or through a third party or on behalf of a third party located in an excluded territory, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
Eligible Players
Employees of Prospector Gaming, any of their respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the games and their immediate family (spouse, parents, siblings, and children, whether the relationship is by birth, marriage, or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to participate.
LICENSE
Subject to your agreement and continuing compliance with these Terms and Conditions, Prospector Gaming grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the platform and the content, through a supported web browser or mobile device, solely for your personal, private entertainment and no other reason.
These Terms and Conditions do not grant you any right, title, or interest in the platform or content.
Account Transfers
You may not transfer credits or points between Customer Accounts, from your Customer Account to other players, receive credits or points from other Customer Accounts into your Customer Account, or transfer, sell, or acquire Customer Accounts. Any attempt to circumvent these prohibitions is grounds for immediate closure of your Customer Account, without prejudice to any other rights or remedies available to us.
Inactive Customer Accounts
We reserve the right to close your Customer Account if it is deemed inactive. If no transaction has been recorded on your Customer Account for 30 consecutive months, we will remit the balance of the redeemed value of the prizes in your Customer Account to you or as otherwise may be required under applicable law.
Closing of Customer Accounts
If you wish to close your Customer Account, you may do so at any time by selecting the “Contact Us” link on the Platform and submitting a request to close your Customer Account. Closing your Customer Account will forfeit all continued access to and right to use, enjoy, or benefit from any credits, points, and unredeemed prizes associated with your Customer Account.
You will be able to reopen your Customer Account by sending a request to the Customer Support team. All requests for the reopening of an account will be evaluated by our Customer Support and Compliance teams, who adhere to strict customer protection guidelines.
Discretion to Refuse or Close Accounts
We reserve the right to place limits on, suspend, close, or refuse to open a Customer Account at our sole discretion. If we close your Customer Account pursuant to clause 20.1 of these Terms and Conditions, the consequences set out in clause 20 shall apply. If we close your Customer Account for other reasons, we will make reasonable efforts to enable you to redeem any prizes in your Customer Account, but any license to continued use, enjoyment, or benefit from the credits and points will be terminated.
GAMES
Rules
Games offered on the Platform may have their own rules which are available on the Platform. It is your responsibility to read the rules of a game before playing. You must familiarize yourself with the applicable terms of play and read the relevant rules before playing any game.
Point Purchases
The Payment Medium you use to purchase points must be legally and beneficially owned by you and in your name. If it comes to our attention that the name you registered on your Customer Account and the name linked to your Payment Medium differ, your Customer Account will be immediately suspended. Should your Customer Account be suspended, we recommend that you contact Customer Support for details regarding our verification process.
We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Medium you use to make point purchases.
You agree that we and our Payment Administration Agents and payments facilitators may store your payment information (e.g., card number or token) to process your future purchases. By accepting these Terms and Conditions, you authorize Prospector Gaming and our Payment Administration Agents and payments facilitators to store your payment credentials in compliance with applicable payment processing regulations.
Prospector Gaming begins processing a payment for the purchase of points when you click on the “MAKE PAYMENT” button.
No Refunds. Purchases of points are final and are not refundable, transferable, or exchangeable. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties, and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Customer Account (even if not authorized by you).
Credit and Point Balance
You may participate in any game only if you have sufficient credits or points (as applicable) in your Customer Account for such participation. We will not extend you any credit whatsoever for the purchase of points or otherwise.
From time to time, we may assign minimum or maximum point purchases as specified and offered on the Platform.
Once a point purchase has been made, the funds will be drawn from your Payment Medium as soon as practicable.
The purchase of points is the purchase of a license that allows you to participate in standard play games and is not the deposit of funds that can be withdrawn. Funds used to purchase points will not, and cannot, be refunded to you, except as provided for in clause 6.6. Points do not have any real money value.
Points or credits that have been submitted for play and accepted cannot be changed, withdrawn, or canceled and the points or credits (whichever applicable) will be drawn from your credit or point balance instantly.
If you are found to have one or more of your purchases returned, reversed, or charged back, your Customer Account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to us and you must immediately remit payment for such purchases through an alternative payment method. Until payment is received by us or our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem points for prizes will not be allowed.
In accordance with the Sweeps Rules:
unless we require otherwise in accordance with clause 6.14(b), any point allocated to you is only required to be played once before it is eligible to be redeemed as a prize; and
we may, in our sole discretion, require that any points allocated to you be played a greater number of times (not exceeding 20) in any combination of promotional play games before it is able to be redeemed as a prize.
Void Games
We reserve the right to declare participation in a game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint, or technical error on the pay-table, win-table, minimum or maximum stakes, odds, or software.
Final Decision
In the event of a discrepancy between the result showing on a user’s device and the Prospector Gaming server software, the result showing on the Prospector Gaming server software will be the official and governing result.
PROMOTIONS
All promotions, including games played in promotional play, contests, special offers, and bonuses are subject to these Terms and Conditions, the Sweeps Rules, and additional terms that may be published at the time of the promotion.
In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
Prospector Gaming reserves the right to withdraw or modify such promotions without prior notice to you.
If, in the reasonable opinion of Prospector Gaming, we form the view that a Registered Customer is abusing any promotion to derive any advantage or gain for themselves or other Registered Customers, including by way of fraudulent conduct, we may, at our sole discretion, withhold, deny, or cancel any advantage, bonus, or prize as we see fit.
Without limiting clause 12.4, you confirm that you grant Prospector Gaming an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, and without further acknowledgment of you as the author, any content you post or publish as part of a promotion, contest, or competition.
REDEMPTION OF PRIZES
Prize Redemption Methods
Subject to these Terms and Conditions:
When you choose to redeem prizes for gift cards, the gift cards will be allocated to the email address that you have registered against your Customer Account, or if this is not technically possible, then to an alternative email address you nominate, provided that email address is also your address and not that of a third party; and
When you choose to redeem prizes for cash, the cash payment will be made to the Payment Medium from which you purchased points, or if this is not technically possible, then to an alternative financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same payment method for redemption of prizes as was used to purchase points, or a specific payment method at our own discretion.
Limits and Fees
We reserve the right to charge fees for processing the redemption of prizes to you and to set a minimum redemption threshold of SC100 for prize redemptions.
In New York and Florida, the maximum redemption value for a prize won on any one spin or play is USD $5,000, and any prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD $5,000.
We reserve the right, in our sole discretion, to limit the value of prize redemptions for each participant to USD $10,000 per day.
Your Responsibility for Prize Redemptions and Accuracy of Details
When you choose to redeem prizes for gift cards pursuant to clause 8.1(a), it is your sole responsibility to ensure that the email address and all relevant details you provide are accurate. If the details you have provided are not accurate, and we have processed the redemption using the details you have provided, the redemption of that prize is complete, and we are not required to reissue the gift cards.
If no valid email address is provided to us within 60 days of a request from us to do so, Prospector Gaming is not obliged to allocate the gift cards to you and may, in its discretion, deem the prizes to be void.
When you choose to redeem prizes for cash, it is your sole responsibility to ensure that your financial institution will accept payment from us into your bank account. Prospector Gaming has no obligation to check whether your financial institution will accept payments from us to your nominated bank account.
Subject to clause 8.9, we will not make payments into an account or online wallet which does not match your verified name or the name you provided when registering your Customer Account, or that is not legally and beneficial
Prizes Redeemed for Cash
Joint Accounts or Wallets:
Payments will be made to a joint account or wallet if one of the names matches the name provided during registration or your verified name.
Both account holders must satisfy verification checks; otherwise, payments will not be made.
Prohibited Accounts:
Payments will not be made to:
Joint accounts where one owner is a minor.
Custodial accounts.
Accounts held on trust for third parties (including minors).
Accuracy of Financial Details:
You are responsible for the accuracy of your financial details.
If incorrect details are provided and used for payment, the prize redemption is considered complete, and the payment cannot be reversed or reissued.
Bank and Wallet Acceptance:
If your financial institution rejects payments or your account does not meet the requirements:
You must provide an alternative account.
Payment processing will be delayed.
Failure to provide a suitable account within 60 days may void the prize.
Currency
Transactions: All transactions are in USD.
Fees: Any foreign exchange fees or related costs are your responsibility.
Timing and Frequency for Prize Redemptions
Processing Order:
Requests are processed in the order received, with one request per account per 24 hours.
Processing Time:
Cash redemptions may take up to 10 business days.
Delays may occur due to identity verification and additional checks.
Large Payments:
Payments over USD 10,000 may require longer processing times and may be paid in multiple installments.
Incremental Payments:
Prizes may be allocated in smaller increments over several days.
Payment Administration Agent
Prospector Gaming may appoint Payment Administration Agents to handle payments, who will have the same rights and privileges as Prospector Gaming. Prospector Gaming is not liable for any losses due to the agent’s negligence.
Expiry and Forfeiture
Validity: Credits expire 60 days after your last login.
Forfeiture: Credits may be forfeited if your account is closed.
Updating Payment Details
Payment details can only be updated by you when redeeming a prize. Prospector Gaming cannot update these details on your behalf.
Refused Prizes
If you refuse payment to your nominated account, you must refuse the entire amount. Refusing payment more than twice in three months may result in the suspension of your account for investigation.
Mistaken Credits
If we mistakenly credit your Customer Account with Prizes that do not belong to you, whether due to a technical error, human error, or otherwise, the amount credited will remain the property of Prospector Gaming and will be deducted from your Customer Account. If you have been transferred cash or gift cards that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event you discover an incorrect crediting, you are obliged to notify Customer Support by using the “Contact” link on the Platform without delay.
VERIFICATION
Verification Checks
You agree that we are entitled to conduct any identification, credit, and other verification checks that we may reasonably require or that are required of us under applicable laws and regulations or by relevant regulatory authorities or to otherwise prevent financial crime.
Until all required verification checks are completed to our satisfaction:
Any request you have made for the redemption of Prizes will remain pending; and
We are entitled to restrict your Customer Account in any manner that we may reasonably deem appropriate, including by suspending or closing your Customer Account.
We will carry out additional verification procedures in accordance with our internal anti-financial crime policies, including without limitation for any cumulative or single redemption of Prizes exceeding a value of USD 2,000 (or any USD amount that is equivalent to or greater than EUR 2,000 from time to time). Verification procedures may include requests for, and our examination of, copies of your:
Identification documentation (including photo identification) such as a passport;
Proof of your address such as a utility bill; and
Source of wealth or source of funds documentation such as a payslip or bank statement.
Where any identification, credit, or other verification check we require cannot be completed to our satisfaction because you have not provided any document we request from you in the form that we require within 30 days of the date the document was first requested, then we are under no obligation to continue with the verification check, and we may, in our sole discretion, close or otherwise restrict your Customer Account in any manner that we may reasonably deem appropriate.
Players who request the redemption of Prizes held in a suspended or closed Customer Account should contact Customer Support. Nothing in this provision should be construed as conveying a right to any such redemption. Your rights in that regard are as set out elsewhere in these Terms and Conditions.
External Verification Checks
You agree that Prospector Gaming may use third-party service providers to run external identification and other verification checks on all Customers based on the information provided by you from time to time.
RESPONSIBLE SOCIAL GAMEPLAY
Policy
Prospector Gaming actively supports responsible social gameplay and encourages its Players to make use of a variety of responsible social gameplay features to better manage their Customer Account.
Prospector Gaming is committed to providing excellent customer service. As part of that pledge, Prospector Gaming is committed to supporting responsible social gameplay. Although Prospector Gaming will use all reasonable endeavors to enforce its responsible social gameplay policies, Prospector Gaming does not accept any responsibility or liability if you nevertheless continue gameplay and/or seek to use the Platform with the intention of deliberately avoiding the relevant measures in place and/or Prospector Gaming is unable to enforce its measures/policies for reasons outside of Prospector Gaming’s reasonable control.
Take a Break (Time-Out) and Self-Exclusion
You may, at any time, request a time-out or self-exclusion from our Games. You may also set a limit on your purchases of credits or the amount of credits you play. To view the various options available, refer to our responsible social gameplay resources.
FRAUDULENT CONDUCT
You will not, directly or indirectly:
Hack into any part of the Games or Platform through password mining, phishing, or any other means;
Attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
Knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
Circumvent the structure, presentation, or navigational function of any Game to obtain information that Prospector Gaming has chosen not to make publicly available on the Platform;
Engage in any form of cheating or collusion;
Use the Platform and the systems of Prospector Gaming to facilitate any type of illegal money transfer (including money laundering proceeds of crime); or
Participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share:
Special offers or packages emailed to a specific set of players and redeemable by URL; or
Identification documents (including, but not limited to, photographs, bills, and lease documents) for the purpose of misleading Prospector Gaming as to a Player’s identity.
You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions to prevent money laundering.
If Prospector Gaming suspects that you may be engaging in, or have engaged in fraudulent, unlawful, or improper activity, including money laundering activities or any conduct which violates these Terms and Conditions, your access to the Platform will be suspended immediately, and your Customer Account may be closed. If your Customer Account is suspended or closed under such circumstances, Prospector Gaming is under no obligation to reverse any credit purchases you have made or to redeem any credits or Prizes that may be in your Customer Account. In addition, Prospector Gaming may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers, or other financial institutions. You will cooperate fully with any Prospector Gaming investigation into such activity.
If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us immediately via the means of communication listed in the Customer Complaints procedure (described in clause 17).
INTELLECTUAL PROPERTY
The computer software, the computer graphics, the Platform, and the user interface that we make available to you are owned by, or licensed to, Electric Avenue Games or its associates and protected by copyright laws. You may only use the software for your personal, recreational uses in accordance with all rules, terms, and conditions we have established (including these Terms and Conditions and the Sweeps Rules) and in accordance with all applicable laws, rules, and regulations.
You acknowledge that Prospector Gaming is the proprietor or authorized licensee of all intellectual property in relation to any Content.
Your use of the Games and Platform does not provide you with any intellectual property rights in the Content, Games, or Platform.
You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music, or profiles you publish or upload to any website or social media page controlled and operated by Prospector Gaming.
You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notice.
All trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.
THIRD PARTY WEBSITES, LINKS, OR GAMES
Third Party Websites
You acknowledge and agree that Prospector Gaming:
Is not responsible for Third Party Websites; and
Makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
You further acknowledge that some Third Party Websites may be fraudulent in nature, offering credits or credits which the operators of those websites are not authorized to provide, in an effort to induce you to reveal personal information (including passwords, account information, and credit card details). You agree that Prospector Gaming is not responsible for any actions you take at the request or direction of these, or any other Third Party Websites. WE DO NOT AUTHORIZE ANY THIRD PARTY TO OFFER credits OR credits. Any such offer should be deemed fraudulent and disregarded.
Third Party Websites are subject to the terms and conditions outlined by that third party.
Links
Any links to Third Party Websites do not:
Indicate a relationship between Prospector Gaming and the third party; or
Indicate any endorsement or sponsorship by Prospector Gaming of the Third Party Website, or the goods or services it provides, unless specifically indicated by Prospector Gaming.
Where a website controlled and operated by Prospector Gaming contains links to various social networking sites, such as Facebook® and Twitter®, you acknowledge and agree that:
Any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site;
You will not post any comments that are false, misleading, deceptive, or defamatory to us, our employees, agents, officers, or other players; and
We are not responsible or liable for any comments or content that you or others post on social networking sites.
Games
Games displaying the “Vpower”, “Ultramonster”, or “Planet Riches” logos are exclusively owned by their respective companies, including all intellectual property rights related to the online software.
Disruptions and Changes
No Warranties
The Platform is provided on an “as is” basis. To the fullest extent permitted by law, we make no warranty or representation, whether express or implied, regarding the satisfactory quality, fitness for purpose, completeness, or accuracy of the Platform (including the Games and Content).
Malfunctions
Prospector Gaming is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to gameplay, nor for any attempts by you to participate by methods or means not intended by us.
Prospector Gaming accepts no liability for any damages or losses arising out of or in connection with any Platform or its Content, including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any misuse of the Platform or its Content, or any errors or omissions in Content.
In the event of a Platform system malfunction, all gameplay on that Platform is void.
If a Game is started but fails to conclude due to a system failure, Prospector Gaming will use commercially reasonable efforts to reinstate the amount of credits or prizes played in the Game to you by crediting it to your Customer Account. Prospector Gaming reserves the right to alter Player balances and account details to correct such mistakes.
Prospector Gaming reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games indicating incorrect behavior affecting Prize redemption, game data, credit balances, or other balances, due to misconfiguration or a bug, will be canceled and removed from the Platform. Player balances and account details may be altered by Prospector Gaming in such cases to correct any mistakes.
Changes to the Platform
Prospector Gaming reserves the right to suspend, modify, remove, or add Content to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered due to any changes made or for any modification, suspension, or discontinuance of the Platform (including any Game thereon), and you will have no claims against Prospector Gaming in such cases.
Service Suspension
We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but are not obligated to, give you as much notice as is reasonably practicable of such suspension. We will restore the Platform as soon as is reasonably practicable after such temporary suspension.
Viruses
Although we take reasonable measures to ensure that the Platform is free from viruses, we cannot and do not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and have the ability to reinstall any data or programs lost due to a virus.
Privacy Policy
Prospector Gaming is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.
Our Privacy Policy is inseparably linked to these Terms and Conditions, and its acceptance is a prerequisite to account registration.
Marketing Communications
You consent to receive marketing communications from Prospector Gaming regarding its offerings via email, post, SMS, and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support.
Use of Live Chat Services
We may provide you with a Live Chat service to talk to our Customer Support representatives or to other Players. This may include using our Facebook® wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes.
Be cautious about what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only.
Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing, or abusing other Players or Prospector Gaming employees and representatives.
You will not use any Live Chat service to engage in any form of harassment or offensive behavior, including but not limited to, threatening, derogatory, abusive, or defamatory statements, or racist, sexually explicit, pornographic, obscene, or offensive language.
You will not use any Live Chat service to infringe on the privacy rights, property rights, or any other rights of any person.
You will not submit any material or information on any Live Chat service that is fraudulent, unlawful, or violates any law.
You will not use any Live Chat service to distribute, promote, or otherwise publish any material containing solicitation for funds, advertising, or solicitation for goods or services.
You will not use any Live Chat service to distribute, promote, or otherwise publish any kind of malicious code or do anything else that might cause harm to the Platform or other Player’s systems.
We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure it conforms to content guidelines that are monitored by us and subject to change from time to time.
If you breach any of the provisions relating to a Live Chat service, we may ban you from using that Live Chat service or all Live Chat services and/or suspend or close your Customer Account. If we close your Customer Account, we reserve the right to cancel or refuse to redeem any Prizes.
We reserve the right to remove any Live Chat service from the Platform if abused.
We will not be liable if damage arises from the Live Chat service.
You agree to indemnify us against any damage arising from your illegal, unlawful, or inappropriate conduct or arising from violation of the provisions in this clause or any other rules on the Platform applying to the Live Chat service.
You will not collude in any way through the Live Chat service. Players are encouraged to report any suspicious behavior to Customer Support.
We reserve the right to report any suspicious behavior or chats on the Live Chat service to the local authorities of the player in question.
Complaints and Customer Support
If you would like to contact our Customer Support department or have a complaint regarding our Platform (including any Game), you may contact us.
All email communications between you and Prospector Gaming should be carried out using the email address that you have registered against your Customer Account held with Prospector Gaming. Failure to do so may result in our response being delayed.
The following information must be included in any written communication with Prospector Gaming (including a complaint):
Your username
Your first and last name, as registered on your Customer Account
A detailed explanation of the complaint/claim
Any specific dates and times associated with the complaint/claim (if applicable)
Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner. The Prospector Gaming Player Support Team (PST) will inquire into official complaints immediately. The PST will endeavor to respond to official complaints within 10 calendar days of lodgment.
In some circumstances, the PST will require up to 20 days to respond to a complaint. In this case, the player will be informed of the delay within 10 days of lodging the complaint.
After completing our internal complaints process, if the player feels the complaint was not resolved to their satisfaction, the player may choose to request an external examination of the handling of their complaint by engaging our service provider in the United States, Pardee Consulta. Further information about Pardee Consulta can be found here. You agree that the decision of Pardee Consulta can be considered in any processes initiated under clause 23 of these Terms and Conditions. Your decision whether or not to engage Pardee Consulta is entirely voluntary. You may choose to invoke the processes under clause 22 regardless of whether or not you choose to engage in the Pardee Consulta examination procedure.
Closure/Suspension of Account
Without limiting clause 5.17, we reserve the right, at our sole discretion, to suspend or close your Customer Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
You breached, or assisted another party to breach, any provision of these Terms and Conditions or the Sweeps Rules, or we have reasonable grounds to suspect such a breach.
You have more than one Customer Account, including any Inactive Account, on any Platform.
The name registered on your Customer Account does not match the name on (i) your Payment Medium used to make purchases of credits or (ii) the account into which you elect to redeem Prizes, or you do not legally and beneficially own such Payment Medium or redemption account.
Your communication with us consists of harassment or offensive behavior, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene, or offensive language.
Your Customer Account is deemed to be an Inactive Account.
You become bankrupt.
You provide incorrect or misleading information.
Your identity or source of wealth or source of funds (if requested) cannot be verified.
You attempt to use your Customer Account through a VPN, proxy, or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location, or place of residence, or by playing Games using the Platform through a third party or on behalf of a third party.
You are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence.
You are located in a jurisdiction where Participation is illegal, or where you are ineligible to Participate in Promotional Play in accordance with the Sweeps Rules.
You have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Customer Account.
You have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a coordinated manner with other Player(s) involving the same (or materially the same) selections.
Without limiting clause 6.12, where Prospector Gaming has received a “charge back”, claim or dispute and/or a “return” notification via your Payment Medium.
You have failed our due diligence procedures, or are found to be colluding, cheating, money laundering, or undertaking any kind of fraudulent activity.
It is determined by Prospector Gaming that you have employed or made use of a system (including machines, computers, software, or other automated systems such as bots) which gives you an unfair advantage.
You do not meet the criteria set out in our Customer Acceptance Policy.
If Prospector Gaming suspends or closes your Customer Account for any of the reasons referred to in clause 20.1 above, you will be liable for any and all claims, losses, liabilities, damages, costs, and expenses incurred or suffered by Prospector Gaming (together “Claims”) arising therefrom, and you will indemnify and hold Prospector Gaming harmless on demand for such Claims.
If we have reasonable grounds to believe that you have participated in any of the activities set out in clause 20.1 above, then we reserve the right to withhold all or part of the balance or recover from your Customer Account any Prizes, credits, or credits that are attributable to any of the activities contemplated in clause 20.1. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body, or any other relevant external third parties.
If your Customer Account is suspended or closed and this leads to the withholding of Prizes and credits accrued, all decisions are final, and you agree to be bound by this decision. It will not be possible for you to unlock your Customer Account during any suspension period.
The rights set out in clause 20 are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
Indemnity and Limitation of Liability
Indemnity
You agree to indemnify and hold harmless us, our affiliates, and our respective partners, directors, officers, employees, shareholders, subcontractors, licensors, suppliers, and agents against any and all costs, expenses, liabilities, and damages (whether direct, indirect, special, consequential, exemplary, or punitive) arising from any participation by you, including without limitation:
Accessing or using the Platform;
Re-use of any Content at, or obtained from, the Platform or any other source;
Facilitating or making a payment into your Customer Account;
Playing the Games through any delivery mechanism offered; and
Acceptance and use of any Prize.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances 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 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.
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 Platform and to close your Customer Account.
You recognize and agree that the warranty disclaimers in clauses 14 and 15, and the indemnities and limitations of liability in clause 21, are material and bargained-for bases of these Terms and that they have been taken into account and reflected in the decision by you to enter into these Terms and Conditions. Depending on where you reside and use the Platform, some of the limitations contained in clause 21 may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
Negligence and Willful Misconduct
Nothing in these Terms and Conditions will operate so as to exclude any liability of Prospector Gaming for death or personal physical injury directly and proximately caused by Prospector Gaming’s negligence or willful misconduct.
Survival of Obligations
Clause 20 will remain in effect even after these Terms and Conditions are terminated for any reason.
Prospector Gaming Not a Financial Institution
Interest
You will not accrue any interest on outstanding Prizes, and Prospector Gaming should not be treated as a financial institution.
No Legal or Tax Advice
Prospector Gaming does not provide legal or tax advice. Players seeking advice on tax or legal matters should consult appropriate advisors.
Dispute Resolution and Agreement to Arbitrate on an Individual Basis
Please read this Clause 23 carefully because it may require you and Prospector Gaming to arbitrate certain disputes and claims on an individual basis and limits the manner in which you and Prospector Gaming can seek relief from each other. This Clause 23 will be interpreted under and subject to the Federal Arbitration Act, regardless of any other choice of law set out in these Terms and Conditions.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Prospector Gaming agree that any and all past, present, and future disputes, claims, or causes of action arising out of or relating to these Terms, the Platform, the formation of these Terms or any other dispute between you and Prospector Gaming or any of Prospector Gaming’s affiliates, licensors, distributors, suppliers, or agents (including any application store or platform from which the Platform is accessed or downloaded), and whether arising prior to or after your agreement to this clause, (collectively, “Disputes”) will be governed by the procedure outlined below. You and Prospector Gaming further agree that any arbitration pursuant to this Clause shall not proceed as a class, group, or representative action.
Complaint Resolution
We want to address any concerns you may have without the need for a formal legal dispute.
Before filing a claim against Prospector Gaming, you agree to try to resolve any complaint in accordance with Clause 18. If your complaint is not resolved after exhausting the internal complaints process outlined in Clause 18, you may initiate Dispute resolution as set out in this Clause 23.
Prospector Gaming agrees that it will make all reasonable efforts to contact you and resolve any claim it may possess informally before taking any formal action.
Arbitration
We Both Agree to Arbitrate. By agreeing to these Terms and Conditions, and to the extent permitted by applicable law, both you and Prospector Gaming agree to resolve any Disputes — including any Dispute concerning the enforceability, validity, scope of severability of this agreement to arbitrate — through final and binding arbitration.
Opt-out of Agreement to Arbitrate. To opt out of arbitration, you must contact us via chat and request your account be closed.
Arbitration Procedures and Fees
You and Prospector Gaming agree that:
The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in effect at the time arbitration is sought (the “AAA Rules”). Those rules are available at www.adr.org;
Arbitration will proceed on an individual basis;
Arbitration will be handled by a sole arbitrator in accordance with the AAA Rules;
The AAA rules will govern payment of all arbitration fees;
Except as otherwise may be required by the AAA Rules, the arbitration will be held in New York, New York, or, at your election, conducted via telephone or other remote electronic means;
The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Clause 23.7(f), if a party seeks injunctive relief that would significantly impact other Prospector Gaming users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Clause shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel; and
Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
If you are a resident of Canada, this Clause 23 fully applies to you in all respects, except that AAA Rules will be construed to mean the Canadian Dispute Resolution Procedures and Canadian Expedited Procedures of the International Centre for Dispute Resolution Canada, or successor rules, which are in effect at the time arbitration is sought. Those rules are available at www.adr.org.
Arbitration to Proceed Individually
You and Prospector Gaming agree that the arbitration of any Dispute shall proceed on an individual basis and neither you nor Prospector Gaming may bring a claim as part of a Collective Arbitration.
Without limiting the generality of Clause 22.9, and as an example only, a claim to resolve a Dispute against Prospector Gaming will be deemed a Collective Arbitration if:
Two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and
Counsel for the claimants are the same, share fees, or coordinate in any way across the arbitrations.
For the purposes of Clause 22.10, the term “concurrently” means that both arbitrations are pending (filed but not resolved) at the same time.
Waiver of Class Action and Collective Arbitration
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR Prospector Gaming SHALL BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF THIS CLAUSE 23.12 IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF CLAUSE 23 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
Other
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to your Participation.
Amendments
Prospector Gaming reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time. Any amendments will be published on the Platform, and such changes will be binding and effective immediately.
Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms and Conditions, you must stop using the Platform.
Tax
You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation.
Force Majeure
Prospector Gaming will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside of our reasonable control.
No Agency
Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and us.
Severability
If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original import of the invalid or unenforceable provision.
Explanation of Terms and Conditions
We consider these Terms and Conditions to be open and fair. If you need any explanation regarding these Terms and Conditions or any other part of our Platform, contact Customer Support.
The Terms and Conditions prevail over any communication via email or chat.
All correspondence between you and us may be recorded.
Assignment
These Terms and Conditions are personal to you and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder to any third party without notice.
Business Transfers
In the event of a change in ownership, merger, acquisition, or sale of assets involving Prospector Gaming, your Customer Account and associated data may be transferred to the acquiring party. Should such a transfer occur, we will notify you via email or through our Platform, outlining your options regarding the transfer of your Customer Account.
Language
These Terms and Conditions may be published in multiple languages for informational purposes and accessibility to players, all reflecting the same core principles. The English version alone constitutes the legal foundation of the relationship between you and us. In case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version will prevail.
Applicable Law and Jurisdiction
These Terms and Conditions, your use of the Platform, and our entire relationship will be governed by and interpreted in accordance with the laws of the State of Delaware in the United States, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
Subject to Clause 7.2 and unless expressly stated otherwise, in the event of any conflict or inconsistency between any provision of these Terms and Conditions and a provision of the Responsible Social Gameplay Policy, Sweeps Rules, or Customer Acceptance Policy, these Terms and Conditions shall prevail to the extent necessary to resolve the conflict or inconsistency.
You acknowledge that, unless stated otherwise, the Games are operated from the United States, and your Participation occurs within the United States. Any contractual relationship between you and us will be deemed to have been established and performed in the United States.
Subject to Clause 23, both parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be exclusively submitted to the courts in the United States. You and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.
You understand that you are providing information to Prospector Gaming. The information you provide will solely be used for administering this promotion. NO PURCHASE NECESSARY to enter Sweepstakes. SWEEPSTAKES ARE VOID WHERE PROHIBITED BY LAW.
Receive Sweeps coins by sending a request by post. Participants can receive free Sweep Coins by obtaining a Postal Request Code and sending a standard post card which must be 4″x6″, unfolded, blank and unlined and placed inside a stamped #10 envelope addressed in handwriting, to the following address: G & W Telecom 1290 East Arlington Blvd Greenville NC 27858
Participants must:
Handwrite their return address on the front of the envelope and the words: “Sweepstake Entries”
The is a limit of one Request Card per outer envelope. For each Request Card a participant submits in accordance with the above requirements, the participant will receive 5 Sweeps Coins. The coins will be added to the participants account.
Participants must ensure that their handwriting is legible. If it is not legible, the entry will be void and the sweep coins will not be credited to the participants account.