Terms of Service
Winter Gumm Team
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GAME.
By accessing or using the App, you acknowledge your agreement to be bound by these Official Rules. If you do not agree to be bound by these Official Rules, please do not use this App or play any Games contained herein. We reserve the right to update or modify these Official Rules at any time, and without prior notice to you. Your use of the App following such modification or update constitutes your acceptance to be bound by these Official Rules as changed or modified. We encourage you to read through and review these Official Rules each time you access the App.
1.Official Rules for Game Play
(a) Eligibility: Only eligible persons may play the games is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law.
(b) Reward owner. Owner will be selected at random for each of the games using a computer algorithm embedded in the Sponsor’s Software. Reward owner determination will be made instantly at time of Game play, subject to accepting the Declaration of Compliance. Limit one (1) per Game play. Players agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. Unless otherwise prohibited, Players will be required to digitally accept the Declaration of Compliance upon conclusion of the Game or the will be forfeited. If a Player does not accept the Declaration of Compliance or does not claim a through App within the same business day, the may be forfeited. If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to not award the Winner’s. Certain restrictions may apply. Players trying to extort s or money by digitally manipulating images, making false win claims, or threatening to write a bad review unless rewarded will have their account terminated and all pending transactions cancelled.
(c) Proceeds. (i) Users may have chance to participate in various free games and win cash prize while playing our games and finishing the tasks. Once the cash balance reaches at least the Required amount, users can redeem as gift card or cash out by PayPal. Any Winners with less than the Required amount in cumulative s (the “Minimum Payout Threshold”) will have their prize stored in Account Center (the “Balance”) until they reach the Minimum Payout Threshold in winnings. Winners can have their payments sent to their PayPal account by providing Sponsor their email address and account name for such payment platforms. s will be processed and remitted within three to five (3-5) business days after the Winner meets the Minimum Payout Threshold.
(d) Taxes; Replacement. Winners whose aggregate values exceed $600.00 in any calendar year is solely responsible for all applicable federal, state and local taxes related thereto and will receive an IRS Form 1099 for the value of all s. Any difference between the actual value of any non-cash and the approximate retail value set forth in the App rules may not be claimed and will not be awarded.
2. Liability & Release: By using the App, each Player agrees to release and hold harmless the Sponsor, and its affiliates, subsidiaries, directors, officers, employees and its advertising, promotional and administrator agencies from any and all liability or any injuries, death, loss, tax liability or damage of any kind arising from or in connection with such Player’s use of the App or the acceptance, use, misuse or possession of any Prize won. By using the App, each Player further agrees that
(i) any and all disputes, claims, and causes of action arising out of or in connection with Player’s use the App, or any Games played by the Player, Tokens earned or Coin awarded, shall be resolved individually without resort to any form of class action;
(ii) any claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with downloading the App, but in no event attorney’s fees;
(iii) UNDER NO CIRCUMSTANCES WILL ANY PLAYER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PLAYER HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR ACTUAL OUT-OF POCKET EXPENSES.
By entering you consent and waive any objection to the jurisdiction of said courts for any such disputes. Using the App constitutes permission to use the name, address (city and state only) and likeness of the Winners for advertising and publicity purposes in any media now existing or hereinafter devised, without further compensation, unless prohibited by law. Failure to comply with these Official Rules may result in forfeiture of any Prize and permanent ban from use of the App. The Sponsor reserves the right, in its sole discretion to disqualify from this or any Game it sponsors, now or in the future, any person it finds, in its sole discretion, has intentionally violated these official rules, tampered with the Tokens or Gaming process, the operation of this App, or any other aspect of the App.
3. WARNING: ANY ATTEMPT BY A PLAYER OR ANY OTHER PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE APP, INCLUDING GAME PLAY AND AWARDING OF REWARDS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.
4. Leaderboard: The in App leaderboard with each player’s name and winnings of token will be posted on the App and visible to other Players.
5. Ownership. Each Player acknowledges that the Content shall be owned exclusively by the Sponsor. The Content and User Generated Content are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Each Player hereby grants to Sponsor a worldwide, irrevocable, unlimited, perpetual, royalty-free, transferable fully paid up right and license to use, exploit, copy, transmit, publish, display, store, create derivate works from and sub-license the User Generated Content in any media now known or hereafter devised.
6. License. The Sponsor hereby grants each Player the limited right to view and use the App in accordance with these Official Rules. Players agree to use the App lawfully and no other use of the App is permitted. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose other than as expressly prescribed herein is expressly prohibited, unless prior written consent is obtained from the Sponsor. Furthermore, Players may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the App or any portion thereof without the Sponsor’s prior written consent in each instance.
7. Trademarks. All of the trademarks, service marks, and logos displayed on App (the "Trademarks") are registered and unregistered trademarks of the Sponsor its affiliates, or third parties. Nothing in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the Sponsor’s express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
8. Usage Rules. The Sponsor reserves the right to deny any Player access to any and all parts of this App and terminate such Player’s account, for any reason or no reason, and at the Sponsor’s sole discretion. The Sponsor also reserves the right to block transmission of, and or remove any User Generated Content, at any time, for any reason, and without prior notice to a Player. The following rules shall govern Each Player’s conduct regarding the use of the App.
(a) Unlawful Purposes. In order to create a valuable service to Players, certain types of activities and communications are prohibited. As a condition of your use of the App, each Player agrees that he/she will not use the App for any purpose that is unlawful or prohibited by these Official Rules. Each Player also agrees that he/she is responsible for User Generated Content that is posted by him/her in his/her profile or through other features of the App. No Player may post or transmit any message or image which is libelous, defamatory or which discloses private or personal matters concerning any person other than himself/herself. No Player may post or transmit any message, data, image or program, which is indecent, obscene or pornographic.
(b) Unsolicited Information. This App may provide opportunities to provide us feedback regarding the App, the Games, the Content, the Prizes and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). Players may only provide Unsolicited Information that conforms to these Official Rules. The Sponsor welcomes comments and feedback concerning the App, but the Sponsor does not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, games, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to the Sponsor. By providing Unsolicited Information, a Player is thereby granting the Sponsor a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer and sell such Unsolicited Information without further obligation to such Player.
(c) Unauthorized access. No Player shall permit any other person (to access the App using his/her account information for any purpose. BE ADVISED THAT THE SPONSOR IS NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS (“SECURITY INFORMATION”) AND THAT PLAYERS SHALL TO CONTACT THE SPONSOR IMMEDIATELY IN SUCH EVENT TO CHANGE HIS/HER ACCOUNT ACCESS IN CASE HIS/HER SECURITY INFORMATION HAS BEEN COMPROMISED. PLAYERS ARE FURTHER ADVISED TO KEEP THEIR SECURITY INFORMATION SECURE, AND TO CHANGE IT EVERY 90 DAYS ON THEIR ACCOUNT PROFILE SO AS TO MINIMIZE THE RISK OF FRAUD.
(d) Infringing User Generated Content. No Player shall post or transmit any User Generated Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
a. DISCLAIMER OF WARRANTIES. THIS APP AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, GAMES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS APP, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE APP OR ACCESS THERETO BY PLAYERS. THE SPONSOR DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT OR GAMEPLAY. ALTHOUGH THE SPONSOR MAY UPDATE THE CONTENT ON THIS APP FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO ALL PLAYERS.
10. Tokens and Coin. Tokens and Coin are a form of virtual currency in the Game. You can use Tokens and Coin, in our discretion, to exchange with other virtual digital goods or services in app. Tokens and Coin are not real money, and do not have monetary value. You acknowledge that Tokens and Coin are not real currency. We make no guarantee as to the nature, quality or value of the features of any third-party good or services that will be accessible through the use of Tokens and Coin, or the availability or supply of Tokens and Coin. Tokens and Coin obtained via the Game are provided to you under a limited, personal, revocable, non-transferable, non-sub-licenseable license solely to use within the App. Tokens and Coin may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any such Tokens and Coin. Any Tokens or Coin balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. We may, at any time, expire free or promotional Tokens and Coin given to you. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Tokens and Coin regardless of the circumstances. You absolve us of any responsibility to maintain or update your Tokens or Coin account. However, if there is a loss of Tokens or Coin in your account due to technical or operational problems with the Services, we will replace the lost Tokens or Coin once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replacement of the Tokens and Coin lost. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Tokens and Coin, which may be modified at any time. You must comply with any individual limitations as indicated via the App or to get the Rewards. Once Tokens or Coin has been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion.
*If you have any questions about our services, please contact us via Tishadvq@gmail.com.