VERSION 1.6 - Sweeps Rules for Sweeptastic (“Sweeps Rules”)

These Sweeps Rules have been last updated on 22 July 2024 and supersede and replace all prior Sweeps Rules. 

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.

Your access to and use of Sweeptastic (the “Platform”), is subject to these Sweeps Rules, in addition to the Terms of Use (“Terms of Use”), the Responsible Social Gaming Policy (“Responsible Social Gaming Policy”), and the Privacy Policy (“Privacy Policy”) (collectively, the “Terms and Conditions”). These Sweeps Rules form part of the Terms and Conditions, and are a binding legal agreement between you (“you” or “Entrant”) and us (Heuston Gaming Limited, referred to herein as “Sponsor”). The Terms and Conditions apply to your use of or access to our Platform on any electronic device. 

All definitions included in the Terms of Use and other Terms and Conditions documents shall apply to these Sweeps Rules.

BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE SWEEPS RULES, INCLUDING THE ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER PROVISIONS SET FORTH BELOW. THESE SWEEPS RULES FORM A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT ALSO PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER RELEASED PARTIES BY YOU AND A LIMITATION OF CERTAIN RIGHTS AND REMEDIES. You may opt out of the arbitration provision within thirty (30) days of using the Platform by following the instructions provided at the end of the following section in the Terms of Use titled “Arbitration Agreement, Class Action Waiver and Arbitration Opt Out.” 

Entertainment Platform NOT a Gambling Platform: We do not offer any real money gambling on our Platform. 

1. SWEEPSTAKES DETAILS 

Sweeptastic is an online Platform on which we offer you the chance to play games for entertainment and enjoyment (“Games”). You may play Games with either Lucky Coins (“Lucky Coins”) or Sweeps Coins (“Sweeps Coins”). Notwithstanding the foregoing, certain identified Games are exclusively available to be played with Lucky Coins. 

Sweeps Coins are free to obtain and offer Entrants a chance to play Games and enter for a chance to win Sweeps Coins (“Sweepstakes”). Sweeps Coins may be redeemed for a Prize(s) (“defined below”), subject to adherence by you to the Terms and Conditions. Sweeps Coins cannot be purchased. There is no purchase necessary for you to enter Sweepstakes. Each Sweepstakes entry period commences at the beginning of each spin of the applicable Game, and ends when the spin stops (each a “Sweepstakes Entry Period”).  

2. SPONSOR

The Sponsor of the Sweepstakes is Heuston Gaming Limited, a limited liability company incorporated in Ireland (company registration number 733653), subject to Irish law, having its registered address at #19, G5, 3015 Lake Drive, Citywest, Dublin, D24DKP4 (“Sponsor,” “Heuston Gaming,” “we,” “us,” or “our“).

Sponsors' decisions as to the administration and operation of the Sweepstakes, the Games, and the value of the Prizes and amount of Sweeps Coins awarded are final and binding.

3. ELIGIBILITY FOR SWEEPSTAKES

In order to be eligible to play in Sweepstakes or to redeem any Prizes you must:

1. Accept all of our Terms and Conditions;
2. Meet the Eligibility Criteria, namely, that you must: 
   1. be least 18 years of age, or the minimum required age pursuant to applicable law;
   2. be legally allowed to play the Games and participate in the Sweepstakes pursuant to the laws of your jurisdiction; 
   3. reside in the 50 United States or the District of Columbia, excluding the following four US States Washington, Idaho, Nevada, Michigan  and Montana or any EU jurisdiction within which it is legal to participate in Sweepstakes;
3. participate in the Games strictly in your personal capacity for recreational and entertainment purposes only and not for any third party (including any commercial entity);
4. not be subject to self-exclusion on this Platform or any similar platform;
5. not be bankrupt or subject to any potential bankruptcy proceedings in any jurisdiction;
6. have read and understand the Responsible Social Gaming Policy and be aware of all of the extensive, automated, customised Responsible Gaming Controls available to you, and agree to utilize them as required by you;
7. not be an employee of Heuston Gaming, any of its 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) or household member (people who share the same residence at least 3 months of the year); and
8. have met and continue to meet any required Verification Checks, as detailed in the Terms of Use. 
9. Agree and accept that our decisions are final and binding on all matters relating to Sweepstakes, including the redemption of any Prize(s). 

4. HOW TO GET SWEEPS COINS

1. Account Creation Requirement: In order to play Sweepstakes and use Sweeps Coins, you must Log-in and create your account (“Account”) on the Platform. To create an Account, you will need to submit your email and password. For additional detail on the Account creation process, see Log-in and Account Creation in the Terms of Use. Creating an Account is entirely free of charge.
2. Obtaining Sweepstakes Coins: Once you have created an Account, there are multiple means by which you may obtain Sweeps Coins:
   1. Free Sweeps Coins: You may obtain Sweeps Coins without making a purchase via the following methods:
3. when you create an Account either via signing up directly with your email address and password or via Facebook ®;
4. when you Log-in to your Account;
5. once you have successfully completed Verification Checks (for details see the Verification Checks section in the Terms of Use); 
6. as part of a promotion that may be offered by Sponsor from time to time; or
7. as a bonus to you for buying a Lucky Coins package upon completion of purchase of your Lucky Coins package.

The minimum number of Sweeps Coins that you will receive for free as a gift or bonus is one (1) Sweeps Coins. It is at our sole discretion to whether or not or when you will receive any of the Sweeps Coins via each of the methods set forth above.

2. Winning Sweeps Coins / Prize Winner Notification: If you are playing a Game using Sweeps Coins and you win the Game, you will be awarded Sweeps Coins, which will be reflected in your Sweeps Coin balance in your Account.
3. Free Alternative Method of Entry: As long as you have an active Account that has met all Verification Checks and is not suspended or closed, you may send a request card (“Request Card”) by mail to request five (5) Sweeps Coins solely via the process set forth below. 
4. Send a Request Card placed inside a stamped #10 envelope, addressed in handwriting, to the following address, by mail:

Heuston Gaming Inc, 4498 Main St, Ste 4 #1347, Amherst, NY 14226, USA

The following information must be included on the top left hand corner of the front of the envelope: “Sweeptastic Sweeps Coins” , the website www.sweeptastic.com  your return address and the Sweeps Coin Request Code.

2. The Request card must be handwritten, and must contain the following information:

• Handwrite all of the following in non-black ink (i.e. blue ink) on only one side of the Request Card inserted inside the envelope in the following order:
  • in the upper left hand corner of the Request Card, the unique Sweeps Coins Request Code;
  • the date;
  • your full name as shown on their government issued identification;
  • Date of Birth;
  • the email address registered to your Account;
  • the return/residential address to your Account;
  • the following statement: “I wish to receive Sweeps Coins to participate in the Sweepstakes promotions offered by Sweeptastic. By submitting this Request Card, I hereby declare that I have read, understood and agree to be bound by Sweeptastic's Terms of Use including the Sweeps Rules.”;
  • your signature.

3. Sweeps Coins Request Code:
   1. the Sweeps Coin Request Code is a unique combination of 20 digits that you can obtain by following the steps outlined below. Each Sweeps Coin Request Code is unique to your Account and can only be used once on a Request Card. If the Sweeps Coin Request Code is shared or used by another entrant it becomes invalid.The Sweeps Coin Request Code is necessary to allow for efficient sorting of Request Cards and crediting of Sweeps Coins. If the Sponsor suspects, in their sole discretion, that any Sweeps Coin Request Code has been shared with another person / people, the Entrant shall be disqualified and may no longer be able to play in the Sweepstakes and your Account may be closed. To obtain your Sweeps Coin Request Code, complete one of the two following methods:
      1. sign into your Account
         1. click on the Sweeps Coins Request Code Link located here Sweeps Coin Request Code Sweeps Coin Request Code; and
         2. follow the prompts that appear
      2. Please note - the Sweeps Coin Request Code is displayed for a period of time to enable an Entrant to write it on the Request Card.
4. Limit: There is a limit of one Request Card per outer envelope. For each Request Card you submit in accordance with the above requirements, you will receive five (5) free Sweeps Coins. The Sweeps Coins will be added to your balance in your Account. The amount of Sweeps Coins to be allocated to Entrants can be changed at any time by the Sponsor in its sole discretion.
5. Legibility Requirement: Handwriting must be legible. If your handwriting is not legible, the Request Card will be discarded and the Sweeps Coins will not be credited to the Sweeps Coin balance on your Account. The legibility of your handwriting will be determined by Sponsor in its sole discretion. 
6. Request Card by you only: The Request Card must only be written and submitted by you and must be mailed from the same state as your verified residential address in your My Account. Request Cards written or submitted by any other individual or any entity (including but not limited to commercial sweepstakes subscription notification and/or entering services) or mailed from a state different to your verified residential address will be declared invalid and any applicable Sweeps Coins will not be credited to your Account. 
7. Lost Request Card: We are not responsible for any lost, incomplete, illegible, or invalid Request Card(s), as determined by us in our sole discretion.
8. No Tampering / automation: Use of any device to automate the Sweeps Coins Request Card or the acquisition of Sweeps Coins by any means or to play Sweepstakes, may result in the suspension or closure of your Account. 
9. Dispute: In the event a dispute regarding the identity of the individual who actually submitted a Request Card or whether a Request Card satisfies the requirements set out above cannot be resolved to Sponsor's satisfaction, the affected Request Card/entry will be deemed ineligible and void.

5. USE OF SWEEPS COINS 

1. Sweeps Coin balance: Your Sweeps Coin balance will be displayed on the upper left of your screen in your Account, which you may play with on our Platform. You may choose to play a Game with Sweeps Coins, provided that you have a sufficient balance of Sweeps Coins. 
2. Games Play Requirements: Sweeps Coins can be played on any Game (except the Games that are limited exclusively to Lucky Coins) provided that you have the requisite number of Sweeps Coins to play the Game. The amount of Sweeps Coins required to play each Game will be detailed on the Game when you click into it. You will be able to increase the amount of Sweeps Coins you play the Game with, at your discretion. Sweeps Coins can be used at any time our Platform is available.
3. No limit on entries: There is no limit on the number of times that you may play Sweepstakes per person or per household, provided that you meet the requirements of the Terms and Conditions (inclusive of the Sweeps Rules).
4. Pay-Out Rate: The Pay-out Rate of any Games does not change regardless of whether you are using a Lucky Coin or a Sweeps Coin. See “Games Pay-out Rates” in the Terms of Use for more details on Pay-out Rates, which includes details on:
   1. Your Responsibility to check Pay-out Rates for each Game prior to playing. Play-out Rates are important as the Pay-out Rates reflect your likelihood of winning the relevant Game; 
   2. How you know each Game’s Pay-out Rates on the Sweeptastic Platform, which can be easily seen via hovering over a Game in the Games Tab or reviewing the Pay-out Rate page; and 
   3. How Games Pay-out Rate may change at our discretion, so it is important that you check the Pay-out Rate prior to playing any Game.  

6. AVAILABLE PRIZES

Only Games played with Sweeps Coins provide the opportunity to redeem winnings for real Prizes (“Prizes”). You can only win Prizes if you have completed all Verification Checks and your Sweeps Coins meet the requirements of the Redemption of Sweeps Coins as set out below. The Prizes that can be redeemed for Sweeps Coins may include gift cards, goods (for example, items of clothing, including, without limitation, hats and t-shirts), or cash transfers in USD. Available Prizes options will be displayed in the “Redeem” tab in your Account on the Platform.

7. REDEMPTION OF SWEEPS COINS 

1. Sweeps Coins Redemption: You may redeem Sweeps Coins for Prizes pursuant to these Sweeps Rules, subject to meeting the Minimum Redemption Requirement (defined below) and not exceeding the Maximum Redemption Value (if applicable) (defined below), the Maximum Daily Redemption Value and the Maximum Redemption Requests. 
2. Minimum Redemption Requirement: Sweeps Coins that meet the Minimum Redemption Threshold, may be redeemed for Prizes. The Minimum Redemption Threshold has two requirements:
   1. The Minimum Play-Through Requirement: This requires that any Sweeps Coins allocated to you are required to be played in an Eligible Game one time before they are eligible to be redeemed as a Prize. An Eligible Game includes all Slots Games on the Sweeptastic Platform, all other Games are excluded Games for the purpose of the Play-Through Requirement and referred to as “Play-Through Excluded Games”. A full list of the Eligible Games and the Play-Through Excluded Games are set out here. We may, in our sole discretion, require that any Sweeps Coins allocated to you be played a greater number of times prior to being redeemed as a Prize. We will give you advance notice of any increase in the Minimum Play-Through Requirement.
   2. The Minimum Redemption Value: You may only seek a Prize redemption if the redeemed value of the prize is US$100 or more (i.e., a minimum of 100 eligible Sweeps Coins). Consequently, your Account must have a balance of at least 100 Sweeps Coins before seeking a Prize redemption.
3. Maximum Redemption Value: If you are a resident of New York or Florida, the maximum redemption value of a Prize won on any one spin or play, via your participation in the Sweepstakes is US$5,000. Any prize valued in excess of US$5,000 will be reduced to a maximum value of US$5000.
4. Maximum Daily Redemption Value: We reserve the right, in our sole discretion, to limit your redemption of Sweeps Coins to US$10,000 per day. No more than the stated number of Prizes will be awarded. You can request to redeem Prizes of any value, however we reserve the right to allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been allocated or paid.
5. Maximum Redemption Requests: Maximum of one (1) Prize redemption request in any 24 hour period.
6. Redemption Method: 
   1. ACH Bank Transfer: Where you have chosen to redeem prizes for cash, the payment will be paid in USD to the verified payment method that you previously used to most recently acquire Lucky Coins via ACH Bank Transfer (if applicable), or if this is not the case, or is not technically possible, we may send the Prize to an alternative bank account you nominate, subject to completion of Verification Checks. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Lucky Coins, or a specific payment method that we specify at our sole discretion. It is your sole responsibility to ensure that your selected payment method will accept payment from us. We have no obligation to check whether your selected payment method will accept payments from us or engage with the payment method in any manner. We reserve the right not to transfer payments into a selected payment method held in joint names.
   2. Gift Cards: From time to time, we may offer gift cards as Prizes. Where you have chosen to redeem Prizes for gift cards, the gift cards will be allocated to the email address that you registered with as contained in your Account. If the email details in your My Account 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 card(s). If no valid email address is provided in your My Account, we are not obliged to allocate any gift cards to you and may in our discretion deem the Prizes to be void.
   3. Merchandise: From time to time, we may offer merchandise redemption options. 
7. Details up to date: It is your responsibility to ensure that your Account details are correct and up to date to ensure that the Redemption Method works.
8. Taxes relating to redemptions: Sponsor is not responsible for any taxes or fees associated with any Prize redemption. You are responsible for all applicable taxes and fees associated with receipt and/or redemption of any Prize.
9. Fees: Sponsor is not responsible for any foreign exchange transaction fees, charges or related costs that may be incurred as a result of, or in relation to, the redemption of a Prize, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.
10. Non-transferable / No Substitution: Sweeps Coins are not transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the listed Prize(s), with a Prize(s) of equal or greater value for any reason owing to circumstances outside Sponsor's reasonable control.
11. Delays in Awarding of Prizes: While we will endeavour to process all Prizes within 10 days from the date of request, there may be delays in payments due to (i) our identity verification process, (ii) certain payment methods will requiring additional verification at the time of redemption, or (iii) other reasons (both internal or external).

Payments of over US$3,000 may require a longer processing time than usual due to bank clearance and security and fraud checks and may also be paid in more than one lump sum. This may add up to seven (7) days to the normal processing time but is dependent on the circumstances of each individual case.

8. VERIFICATION AND CONFIRMATION OF WINNERS

1. Verification & Confirmation: Potential Sweepstakes winners (“Potential Sweepstakes Winners”) are subject to Verification Checks and our decisions are final and binding in all matters related to the Sweepstakes. You are not a winner of any Prize, even if the online screen indicates you are, unless and until your eligibility and the potential winning play has been verified and you have fully complied with the Terms and Conditions (including these Sweeps Rules) and been notified that verification is complete. We will not accept screenshots or other purported evidence of winning in lieu of our validation process.
2. Verification Checks: The Verification Check process may include, but is not limited to, the following:
   1. Initial Verification Checks: including but not limited to Politically Exposed Persons (“PEPs”) and Sanctions checks; and
   2. Final KYC Verification Checks: including without limitation:
3. confirming your identity via requiring you to provide a selfie and government issued documentation such as a passport or driver's licence;
4. confirming your residence including via requiring you to provide a utility bill if required;
5. confirming current location via requiring you to enable “Location Services” on your device and / or computer; and 
6. preventing fraud, financial crime including money laundering via requiring you to provide a pay slip / bank statement to confirm source of wealth / funds documentation. 
7. Compliance with Terms: Potential Sweepstakes Winners must comply with these Sweeps Rules and the Terms of Use. Winning any Prize is contingent upon fulfilling all requirements set forth herein.
8. Affidavit:
   1. A Potential Sweepstakes Winner may be required to sign and return to Sponsor, an affidavit/declaration of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her Prize (if applicable). 
   2. If a Potential Sweepstakes Winner cannot be contacted, fails to properly execute and return the affidavit/declaration of eligibility and liability/publicity release within the required time period (if applicable), fails to comply with these Sweeps Rules, or if the Prize or Prize notification is returned as undeliverable, that Potential Sweepstakes Winner forfeits the Prize.
9. In the event that a Potential Sweepstakes Winner is disqualified for any reason, Sponsor may, in its sole discretion, deem the Prize is forfeited.

9. ENTRY CONDITIONS AND RELEASE 

By participating in the Sweepstakes, you agree to:

1. comply with and be bound by:
   1. the Terms of Use (inclusive of the Rules of Game Play) and other Terms and Conditions;
   2. these Sweeps Rules; and
   3. the decisions of the Sponsor which are binding and final;
2. release and hold harmless the Sponsor and its parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prizes (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and
3. indemnify, defend and hold harmless the Sponsor and the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to your participation in the Sweepstakes and/or your acceptance, use or misuse of Prizes.

10. PUBLICITY 

Except where prohibited, participation in the Sweepstakes constitutes your consent to Sponsor's and its agents' use of your name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payment, notice or consideration.

11. GENERAL CONDITIONS

1. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes or these Sweeps Rules, or any part of the Sweepstakes or these Sweeps Rules, with immediate effect owing to circumstances outside its reasonable control and only where circumstances make it unavoidable if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.
2. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Sweeps Rules or any other promotion or in an unsportsmanlike or disruptive manner.
3. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Sweeps Rules shall not constitute a waiver of that provision.
4. In all other cases, the Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes. Any notice regarding cancellation, suspension and/or modification will be posted on Sweeptastic at https://www.sweeptastic.com.
5. We reserve the right to amend the Sweeps Rules. Any amendment shall be completed in accordance with “Amendment to the Terms” included in the Terms of Use.

12. LIMITATIONS OF WARRANTIES AND LIABILITY 

6. All limitations, including without limitation on warranties, liability, or in relation to Errors, Malfunction or Interruption) as set out in the Terms of Use, apply in full to Sweepstakes, along with the indemnity you provide to us
7. If for any reason your Sweeps Coins or winning plays are confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is replacement by Sponsor of an equivalent amount of Sweeps Coins.
8. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; (e) 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; or (f) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an entrant’s failure to monitor its email account. 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. No more than the stated number of Prizes will be awarded.  If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
9. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
10. FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

13. MUTUAL ARBITRATION PROVISIONS AND CLASS-ACTION WAIVER

Except where prohibited by law or set forth below, as a condition of participating in using the Website and/or participating in the Sweepstakes, each Entrant agrees that: (1) any and all disputes and causes of action arising out of or connected with these Sweepstakes, including but not limited to any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS. To the extent permitted by the governing rules, the arbitration shall be conducted by written submissions only, or video conference technology such as Zoom. If the governing rules do not so permit, the arbitration shall be held at the JAMS location nearest to Entrant’s residence. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties.  If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so; (2) the Federal Arbitration Act (9 U.S.C. §1 et seq.) shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.  

Disputes Excluded From Arbitration Requirement: Entrant agrees that the following disputes are excluded from the requirement to arbitrate: (1) any dispute seeking to enforce or protect, or concerning the validity of intellectual property rights; (2) individual claims brought in small claims court. The term “small claims court” shall mean a court with a maximum monetary jurisdiction limit of $15,000 (fifteen thousand dollars) or less; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

Class Action Waiver. To fullest extent permitted by applicable law, Entrant agrees to bring any Dispute, whether in arbitration or in a court of law as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, MASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any other jurisdiction.

Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any Prize 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 entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant 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.

Waiver of Jury Trial.  BOTH ENTRANT AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A JURY TRIAL. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow these rules in the same manner as a court would.  

Thirty-Day Right to Opt Out. You have the right to opt out of the arbitration requirement by sending written notice of your decision to opt out to the following e-mail address: [email protected] within thirty days after first becoming subject to these rules. Your notice must include your name and address, the e-mail address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of the arbitration requirement. In the event you opt out, all other parts of this Agreement will continue to apply.  Opting out of this arbitration agreement has no effect on any other obligations to arbitrate that you may currently have, or may enter in the future, with us.

Severability. If for any reason, any portion of these Sweeps Rules, including this arbitration section, is found to be illegal, void or unenforceable, that portion will be severed, and it shall not affect the validity and enforceability of the remainder of these Sweeps Rules which shall continue in full force and effect. 

14. ENTRANT’S PERSONAL INFORMATION

When you create an Account, you expressly agree to receive promotional communications from Sponsor. Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which is available at http://www.sweeptastic.com/pages/privacy-policy. If you are selected as a Potential or Verified Prize Winner, your name, city and state may also be included in a publicly available Winners' List.

15. SWEEPSTAKES RESULTS

For the Sweepstakes results, send a request to:  “Winner’s List” c/o Sweeptastic Sweepstakes, Heuston Gaming Inc, 4498 Main St, Ste 4 #1347, Amherst, NY 14226, USA. Requests for the Winner’s List must be received within 60 calendar days after the end of the applicable Sweepstakes Entry Period, and must include your name, email address, and the date of the applicable Sweepstakes.

Questions?: Please email [email protected]