Luck is on Your Side
Terms of Use and Official Sweepstakes Rules
Luck is on Your Side provides a service that allows you to play fun games on your smartphone device, and have a chance to unlock sweepstakes games where you can win prizes in a sweepstakes game (“Sweepstakes”). The website located at www.luckisonyourside.app (“Site”) and the smartphone application named “Luck Is On Your Side,” or “LIOYS,” (the “App”), (together, the “Service”), is owned and operated by Optimal Fusion, Inc. (“Optimal Fusion”). The Sweepstakes, which is linked to through the App and Site is provided by TruPath, LLC (“Sponsor”). By accessing, using, or downloading any part of the Site and/or App, you unconditionally agree to be bound by all the terms and conditions in this Terms of Use and Official Sweepstakes Rules (the “Agreement”). This Agreement governs your access to and use of the Services and the Sweepstakes, which are linked to and accessed through Optimal Fusion’s Site and App, and constitutes a binding legal agreement between you and Optimal Fusion for the Services and you and Sponsor with for the Sweepstakes. You acknowledge and agree that Optimal Fusion shall have no liability for the Sweepstakes.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE ODDS OF YOUR ENTRY WINNING. THE SWEEPSTAKES IS INDEPENDENTLY OVERSEEN AND CONDUCTED BY TRUTHPATH, LLC. THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (EXCEPT RESIDENTS OF RHODE ISLAND AND FLORIDA) AND THE DISTRICT OF COLUMBIA, WHO ARE LIVING IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA, AND WHO ARE AT LEAST 18 YEARS OF AGE. ALL ENTRIES TO THE SWEEPSTAKES ARE IS VOID RHODE ISLAND, FLORIDA, OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE OTHERWISE PROHIBITED BY LAW. ENTRIES ARE ALSO VOID WHERE REGISTRATION OR BONDING IS REQUIRED. WINNERS ARE RESPONSIBLE FOR TAXES ASSOCIATED WITH ALL PRIZES.
The App contains a series of games that are separate and independent from each other, and each game allows you to earn virtual coins that have no monetary value whatsoever (“Virtual Coins”). The games in the App can be played to collect Virtual Coins, which allow you to unlock entries into the Sweepstakes, where you are given a choice which Sweepstakes you would like to enter for a chance to win a prize. The Sweepstakes consists of independent promotional giveaways (“Giveaway”), where each month, a winner is selected at random from each of the virtual coin status levels, as designated in the App and/or Site. There are four Virtual Coin status levels – Bronze, Silver, Gold, and Platinum (“Virtual Coin Status Level”). Please visit the “How To Play” section within the app to learn how to acquire Virtual Coins and to increase your Virtual Coin Status Level, whereas higher Virtual Coin Status Levels allow you to obtain additional entries into the Sweepstakes. ONE GIVEAWAY PRIZE IS AWARDED TO ONE RANDOMLY SELECTED WINNER FROM ALL OF THE VIRTUAL COIN STATUS LEVELS ONCE PER MONTH (“PROMOTIONAL PERIOD”) BY WAY OF A DRAWING. FOR PURPOSES OF CLARITY THIS MEANS A TOTAL OF ONE PRIZE WILL BE AWARDED EACH MONTH BY SPONSOR. By downloading or accessing any part of the App or Site, and/or entering any Sweepstakes, you agree to be bound by these Official Sweepstakes Rules.
This Sweepstakes is in no way sponsored, endorsed or administered by Apple, Inc., Google, Inc., Facebook, Inc., Twitter, Inc., Pinterest.com, Inc., or Instagram, Inc.
Giveaways contain products or services offered by third parties (“Brand Promoters”). A Giveaway may be modified, suspended, or terminated at any time by Sponsor, in the event Sponsor determines in its opinion that there has been any instance of fraud or a technical failure.
1. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States (except Rhode Island and Florida) and the District of Columbia, who are at least the age of majority in their state (including D.C.) of permanent residence at the time of entry, and not a resident of any state where registration and/or bonding is required to run the Sweepstakes. The officers, directors and employees of Sponsor, and its subsidiaries, affiliated companies, advertising and promotional agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This Sweepstakes is void in Rhode Island, Florida, outside the fifty (50) United States and the District of Columbia, any state where registration and/or bonding is required, and where prohibited by law.
2. How to Enter. The Sweepstakes is FREE TO ENTER. Buying any products or services will NOT help you win.There are two (2) ways to enter the Sweepstakes. The first way to enter is to acquire Virtual Coins through the App as further detailed in the “How To Play” section within the App. Once you have reached any of the Virtual Coin Status Levels, you will be prompted to choose the prize you would like a chance to win during each month’s Sweepstakes, provided you are in at least one of the Virtual Coin Status Levels during the month’s Sweepstakes contest, and Sponsor has received at least 1,000 entrants in each applicable month of the Sweepstakes. There must be 1,000 entrants total across all Virtual Coin Status Levels each month of the Sweepstakes, otherwise the Giveaway will be postponed until the number of entrants required is reached. You will be alerted that you have reached a Virtual Coin Status Level and have entered the Sweepstakes via a push notification in the application. Alternatively, if you do not wish to play the games in the App, you may enter the Sweepstakes by mail. To enter the Sweepstakes by mail, see Section 3 below.
Once you reach a Virtual Coin Status Level, or register to enter on the Site, you will be prompted to choose which branded Giveaway prize that you would like a chance to win. YOU MUST CHOOSE THE PRIZE YOU WOULD LIKE A CHANCE TO WIN WHEN YOU ARE PROMPTED TO SELECT WHICH PRIZE YOU WOULD LIKE TO HAVE A CHANCE OF WINNING IN THE APP OR ON THE SITE IN ORDER TO ENTER FOR EACH MONTH’S DRAWING. IF YOU DO NOT PICK THE PRIZE YOU WOULD LIKE A CHANCE OF WINNING, YOU WILL NOT HAVE ENTERED THE CORRESPONDING MONTH’S SWEEPSTAKES. EACH DRAWING IS HELD ON THE 1ST OF THE FOLLOWING MONTH. FOR EXAMPLE, IF THE CURRENT MONTH IS AUGUST, THE NEXT DRAWING WOULD BE HELD ON SEPTEMBER 1ST. IF YOU HAVE NOT SELECTED THE PRIZE YOU WANT TO WIN ON ANY DAY IN AUGUST FOR THAT MONTH’S DRAWING, YOU WILL NOT HAVE ENTERED THE SWEEPSTAKES. PLEASE BE SURE TO CHECK THE APP AND/OR SITE EACH MONTH.
For each month of the Sweepstakes drawing, you will gain entry to the Sweepstakes drawing, by reaching a Virtual Coin Status Level in the App, or by mail in accordance with Section 3 below, and only after selecting the prize you would like a chance of winning. For each month you have reached the bronze Virtual Coin Status Level, you will receive one (1) entry into the Sweepstakes; for each month you have reached silver Virtual Coin Status Level, you will receive two (2) entries into the Sweepstakes; for each month you have reached gold Virtual Coin Status Level, you will receive three (3) entries into the Sweepstakes; for each month you have reached platinum Virtual Coin Status Level, you will receive four (4) entries into the Sweepstakes.
Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. Entrants are not permitted to share the same e-mail address. Any attempt by any participant to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. All entries that are late, unintelligible, invalid, incomplete, or misdirected are your sole responsibility and will be disqualified. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Sweepstakes.
Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Entry must be submitted by the entrant. The person submitting the Sweepstakes entry must be the authorized account holder of the email address provided, otherwise, the entry or entries may be deemed void. In the event of a dispute over the identity of a potential winner, the entry or entries will be declared made by the authorized account holder of the email address submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail during the Sweepstakes Period. Proof of submission of entry does not constitute proof of receipt of entry. All entries become the property of Sponsor and will not be returned to the entrants. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified.
3. Alternative Method of Entry. Entering the Sweepstakes using the Alternative Method of Entry IS FREE and no Virtual Coins are required to obtain entries into the Sweepstakes. To use the Alternative Method of Entry, you must mail Sponsor at the following address: TruPath LLC®, Privacy Division, located at PO Box 4120 #91433 Portland, OR 97208-4120. To enter the Sweepstakes, you must mail Sponsor each month for the applicable next month’s Sweepstakes. All mail must be received by Sponsor at least five business days before the month’s drawing. You must provide the following information when mailing Sponsor to enter the Sweepstakes: Your full name (first and last), your email address, your gender, your date of birth, your state of residency, your zip code (optional), the gift card you would like to have a chance of winning (must pick between Amazon, Walmart, Target, and Bed, Bath & Beyond). By submitting this information you are providing your active consent that we may use your information in accordance with our Privacy Policy.
You must only choose one method of entry into playing the Sweepstakes – playing the games on the App and achieving a Virtual Coin Status Level, or by mail.
4. Accounts. In order to win Giveaways, you must first create an account in the App or on the Site, or register by mail. To create an account in the App or register by mail, you will need to provide Optimal Fusion and Sponsor with your true name, email address, and any other information requested. If you do not create an account, you will not be able gain entries into the Sweepstakes. All accounts must contain true, accurate, and updated information, or any entries you may have attempted to make to enter the monthly Sweepstakes will be forfeited by you.
5. Prize. Each month, one (1) prize will be awarded to one (1) individual winners who is selected by Sponsor at random. One (1) prize will be awarded to a user belonging in any of the four (4) Virtual Coin Status Levels – Bronze, Silver, Gold, and Platinum. If you entered by way of the Alternative Method of Entry, you must select a prize. Sponsor reserves the right to substitute a prize. Prizes may be combined with other prizes in Sponsor’s discretion, or substituted with another prize of greater or comparable value.
The current prize and entry numbers per Coin Status Level are as follows:
VIRTUAL COIN STATUS LEVELS AND GIVEAWAYS
- Bronze – 1 entry
- Silver – 2 entries
- Gold – 3 entries
- Platinum – 4 entries
Conditions and Restrictions of Prize Acceptance: Any and all applicable federal, state, and local taxes and all fees, costs and expenses relating to acceptance and use of the prize not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes after delivered to winner. Winner will be issued a 1099 tax form for the appropriate retail value of the prize.
6. Prohibited Activity. You represent, warrant, and covenant that you shall not use the Services to do any of the following:
- “crawl”, “spider”, index or in any non-transitory manner, store or cache information obtained from the Services (including but not limited to, the App and Site, or any part, copy or derivative thereof);
- take any action that imposes an unreasonable or disproportionately large load on the Services;
- use the Services for any purposes, other than for your own non-commercial purpose;
- use the Services to place any off-line bets, or for gambling; or
- violate any applicable law, rule, or regulation.
7. Determination, Notification, and Verification of Winners. Each month, Sponsor will select (1) one potential prize winner from all of the four Virtual Coin Status Levels and entrants by mail through a random drawing from among all eligible entries received. The potential winner will be notified by push notification, e-mail, or using other information provided by you within thirty (30) days after being selected. If the potential winner does not respond within five (5) days after the first attempt to contact him/her, or the prize notification is returned as undeliverable, the potential winner will be deemed to have forfeited the prize, and Sponsor will select an alternate potential winner in his/her place through a random drawing among all remaining eligible entries.
At Sponsor’s discretion, except where prohibited, potential winners may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, or is unavailable to accept the prize within the time period specified by Sponsor, that potential winner will be deemed to have forfeited the prize, and Sponsor will select an alternate potential winner in his/her place through a random drawing among all remaining eligible entries. Noncompliance with the foregoing or failure to abide by these Official Sweepstakes Rules may result in disqualification and selection of an alternate potential winner. Up to one (1) alternate Grand Prize winners will be selected, after which the prize will remain unawarded.
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
BEFORE ANY POTENTIAL WINNER CAN RECEIVE A PRIZE, POTENTIAL WINNERS MUST PROVIDE SPONSOR WITH A PHOTOGRAPH OF THEMSELVES FOR POSTING ON SPONSOR’S WINNER PAGE WHICH IS LOCATED AT https://luckisonyourside.app/winners.
All personally identifiable information submitted by any potential winner to claim a prize is subject to our Privacy Policy.
8. Odds of Winning. Odds of winning depend on the number of eligible entries received.
9. General Conditions. WARNING: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES AND/OR SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, OPTIMAL FUSION AND SPONSOR RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Optimal Fusion’s or Sponsor’s failure to enforce any term of this Agreement shall not constitute a waiver of that provision. Neither Optimal Fusion, Sponsor, nor anyone acting on their behalf will enter into any communications with any entrant regarding this Sweepstakes, except as expressly set forth in these Official Sweepstakes Rules. Sponsor reserve the right at each’s sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Sweepstakes Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Optimal Fusion, Sponsor and their agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. If, for any reason, the Sweepstakes is not capable of running as planned due to causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Sweepstakes (or any portion thereof) and award the prize(s) at random from among the eligible, non-suspect entries received up to the time of the impairment, or (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Sweepstakes Rules.
10. Access Restrictions. Optimal Fusion and Sponsor reserve the right, in their sole discretion, and with or without notice to you, to suspend or terminate your account, or participation in, in the case of Optimal Fusion, the Services, and in the case of Sponsor the Sweepstakes at any time.Optimal Fusion and Sponsor also reserve the right, in their sole discretion, to modify, discontinue, or limit, whether temporarily or permanently, in the case of Optimal Fusion, the Services, and in the case of Sponsor, the Sweepstakes at any time, with or without notice to you. In the event Optimal Fusion or Sponsor modifies, discontinues, or restricts your access to, the Services and/or the Sweepstakes, Optimal Fusion and Sponsor shall have no liability to you or any third party.
11. Indemnification. You agree to indemnify and hold Optimal Fusion and Sponsor, and their officers, directors, agents, affiliates, licensors, employees, and suppliers harmless from and against any and all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation all attorneys’ fees and costs of every kind, including expert fees and not limited to statutory costs) arising out of or relating to (1) your violation of this Agreement, (2) your use of the Services, (3) your violation of any applicable law, rule, or regulation, and (4) your violation of any third-party intellectual property right or other third party right.
12. Privacy Policy. Optimal Fusion and Sponsor may collect certain information about you through the Services, Site, App, and in the case of Sponsor, the Sweepstakes, which includes information you share. Information collected about you may include personally identifiable information. Please see visit our Privacy Policy to see what types of information we collect, use, and our data disclosure practices.
13. Release and Limitations of Liability. THE SERVICES, SWEEPSTAKES AND THE RELATED SERVICES IS AT YOUR OWN RISK. THE SERVICES, SWEEPSTAKES, AND ITS RELATED SERVICES IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.BY ACCESSING, USING, OR DOWNLOADING ANY PART OF THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, APP, OR BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS AGREE THAT OPTIMAL FUSION, SPONSOR AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEB SITE PROVIDERS AND WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (“THE RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, SLANDER, LIBEL, INFRINGEMENT OF TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE SITE, APP, AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT OPTIMAL FUSION AND SPONSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF OPTIMAL FUSION OR SPONOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPTIMAL FUSION AND SPONSOR’S CUMULATIVE LIABILITY HEREUNDER FOR ANY CAUSE OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS AGREEMENT BEYOND ONE (1) YEAR FROM THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION, OR OMISSION ON WHICH SUCH CLAIM OR ACTION IS BASED. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
14. Virtual Coins. The Services allows registered end users to collect Virtual Coins (“Virtual Games”) by playing games, watching advertiser videos, or other methods as described in more detail within the App. You agree that the Virtual Coins in the Services have NO MONETARY VALUE. Optimal Fusion makes no guarantee as to the availability of any Virtual Coins, whether Virtual Coins will be supplied to you, or whether the correct amount of Virtual Coins will be issued to you. You agree that you have no property interest in the Virtual Coins and that the Virtual Coins are granted under a limited, non-exclusive, revocable, non-sublicensable, non-transferrable, and personal license only for use with the Services provided hereunder. Any Virtual Coins shown in your account shall not be construed in any way to hold monetary value or as showing any property interest. You do not have any right or title to the Virtual Coins, other than the rights and titles granted in this section. We reserve the right at any time, with or without notice to you, to adjust your Virtual Coin balance. You hereby agree that your balance of Virtual Coins does not contain any stored value, and can be expired or terminated by us at any time. If you have a loss of Virtual Coins, whether caused by us, as a result of technical error, third-party interference, or any other reason, you agree that we shall not be liable and shall not be responsible to restore or update your Virtual Coin account. Notwithstanding the foregoing, our maximum liability, and your exclusive remedy for any errors regarding Virtual Coins, is to credit back the Virtual Coins. All decisions on issuing back or deducting Virtual Coins shall be in our sole discretion.
15. Choice of Law. Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or related to the Site, App, and the Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Los Angeles, California; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of you, Optimal Fusion and Sponsor in connection with the Services and the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of laws rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
16. Winner’s List. For a list of winners, available for ninety (90) days after verification of winners, visit http://www.luckisonyourside.app/winners.
17. Entire Agreement. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and terminating all previous communications, representations or agreements, whether written or oral between the parties relating to the services provided hereunder.
18. Force Majeure. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, acts of God, power outages and governmental restrictions.
19. Electronic Notice. You agree that by using the Services and/or participating in the Sweepstakes, you consent to electronic communication concerning or related to the Services and the Sweepstakes. You agree that any electronic notices sent by Optimal Fusion and/or Sponsor are effective upon sending whether by push notification to you on the App, or to the email address you provide Optimal Fusion when you register for the Services. You further agree that all disclosures, notices, and agreements sent to you satisfy the legal requirements regarding notice to you, including any legal requirements that the notice be “in writing.”
20. Sponsor Contact. TruPath LLC®, Privacy Division, located at PO Box 4120 #91433 Portland, OR 97208-4120. For a copy of the Sweepstakes results and/or a copy of this Agreement, please send a self-addressed, stamped envelope to the address above, along with a note with your request.
Privacy Notice. All information submitted in connection with the Services and Sweepstakes will be treated in accordance with these Official Sweepstakes Rules and Sponsor’s Privacy Notice, available at https://luckisonyourside.app/privacy/.
TruthPath, LLC shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2019. All trademarks and logos used herein are trademarks of their respective owners in the United States and/or other countries. All rights reserved.