28 November 2023
Entertainment Platform NOT a Gambling Platform: We do not offer any real money gambling on our Platform. No money or purchase of any kind is required to play, enter, or to win on our Platform.
Terms are a Legal Agreement: These Terms form a binding legal agreement between you and us and apply to your use of or access to our Platform on any electronic device.
NOTICE OF ARBITRATION PROVISION: These Terms include a mandatory arbitration provision which, subject to certain exceptions, requires that any past, pending, or future disputes between you and us, shall be resolved by final and binding arbitration on an individual and not class-wide or consolidated basis. If you do not wish to be subject to arbitration on these terms and you have not previously agreed to an arbitration provision in connection with your use of the Platform, you may opt out of the arbitration provision in connection with your use of the Platform within thirty (30) days of entering this agreement by following the instructions provided at the end of the section titled “MUTUAL ARBITRATION PROVISIONS AND CLASS-ACTION WAIVER.”
YOU MAY NOT OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.
Please contact customer support via email at [email protected] if you have any queries relating to our Terms.
SCOPE OF TERMS: To ensure our Terms are clear, some terms are set out in separate links or in different parts of our Platform. Before using our Platform, you should read and understand all of our policies, including these Terms and the Sweeps Rules, as they form the basis of the legal contract between you and us. The Terms include all of the following:
ACCEPTANCE OF TERMS: By visiting the Platform, registering an account on the Platform (“Account”), checking the box confirming acceptance of these Terms, and/or using the Platform, you confirm that you:
Please read the Terms prior to using the Platform as they may have changed since your last visit.
If you do not agree to any provision or aspect of the Terms, you must not use our Platform.
ELIGIBILITY AND VERIFICATION CHECKS: You must meet the Eligibility Criteria to open an Account and/or play on the Platform. You must complete Verification Checks to purchase Lucky Coins and/or redeem prizes relating to Sweeps Coins (“Prizes”). Players may be excluded from using our Platform for numerous reasons including but not limited to geographic location, breaching applicable law, or failing to successfully complete the applicable Verification Checks.
Who you are: References to “you” and “your” are to visitors to the Site or App and/or players of the Platform.
Who We are: This website www.heustongaming.com (the “Site”) and/or the Heuston Gaming mobile application (the “App”) (the “Site,” “App,” and any and all associated websites, mobile sites, and mobile applications collectively referred to herein as the “Website(s)”) are operated and controlled by the Heuston Gaming Group (“Heuston Gaming,” Sweeptastic,” “we,” “us,” or “our''). The online social game, Sweeptastic, is a brand owned and operated by Heuston Gaming Group.
Heuston Gaming Group is comprised of the following entities:
Each member of the Heuston Gaming Group is entitled to exercise any of the rights or obligations of the other members of the Heuston Gaming Group.
“Content” or “Website Content” means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform, including the Lucky Coins and Sweeps Coins.
“Game” means any one or more Game(s) available on the Platform that may be played by you by using either Lucky Coins or Sweeps Coins. We reserve the right to add and remove Games from the Platform at our sole discretion.
“Lucky Coins” are virtual coins that can be utilised to play Games on the Platform for a chance to win Lucky Coins. Lucky Coins can be purchased on our Platform. The exclusive benefits associated with playing Games with Lucky Coins include membership of the Lucky Coins Rewards Clubs, access to exclusive Games and potentially Game’s Lucky Coins Tournament.
The “Platform” means the services provided through any URL or mobile application owned by, or licensed to, Heuston Gaming, and branded as part of the "Sweeptastic" family of games, including the website located at https://www.sweeptastic.com, and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.
“Sweeps Coins” are virtual coins that can be utilised to play Games (save the Games that are limited to players using Lucky Coins) on the Platform and enter for a chance to win Sweeps Coins. Sweeps Coins are free to obtain and cannot be purchased on our Platform. Sweeps Coins have no monetary value. Sweeps Coins may be redeemed for Prizes.
AMENDMENTS TO THE TERMS
We reserve the right to amend any provision of these Terms at any time for any reason, including but not limited to commercial reasons, in response to change in law or regulation, and/or customer service reasons. Any amendments will be published on the Platform and such changes will be binding and effective immediately once published.
It is your responsibility to check the Terms prior to commencing use of the Platform. Whenever we amend these Terms in a way that, in our view, would limit your current rights or which may be to your detriment, we will endeavour to notify you either via email and/or via pop-up upon your next visit to the Platform. Regardless of whether or not you receive and/or review any such notifications, you agree to be bound by the changes by your continued use of the Platform. If you do not agree to the amended Terms, you must stop using the Platform.
INTELLECTUAL PROPERTY RIGHTS
Our IP Rights: You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
You may not shall not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.
All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
Licence you Grant to us: You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles (including your username) you publish or upload to any website or social media page controlled and operated by us including any Website Content you post or publish as part of a Promotion.
YOUR USE OF THE SITE(S)
Our Right to Modify the Content and Platform: We have the right to regulate, control, modify and eliminate any Content (including but not limited to Games, Lucky Coins or Sweeps Coins), the Platform, and the Site(s), in our sole discretion, to the extent permissible by law. We have no liability to you for the exercise of such rights.
No Licence in a Restricted State / EU jurisdiction: You shall not be granted any licence to use the Platform or Content in a Restricted State or any EU jurisdiction within which it is illegal.
Actions not permitted by you as user of the Site(s): You agree not to:
Notification requirement for suspected Fraud: If you suspect any unlawful or fraudulent activity or prohibited transaction by another user of the Site(s), please notify us immediately via email to: [email protected].
THIRD PARTY WEBSITES AND LINKS
General: The Website may contain links to websites owned by third parties including but not limited to those who may invite you to participate in promotional offers or rewards, third payment providers or advertisers (“Third Party Websites”). We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any Third Party Websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
Some Third Party Websites may be fraudulent in nature or not adhere to applicable laws. You agree that we are not responsible for any use of, access to, or actions you take at their request, including the provision by you of your personal information to them or their collection, storage or use of such personal information.
We generally welcome the hyper-linking to Third Party Websites, which we consider are appropriate, provided that such links are to our home-page and that we have given written permission to the establishment of such links. Such consent may be withheld at our sole discretion.
Offers of Lucky Coins or Sweep Coins: We do not authorize any Third Party Website to offer Lucky Coins or Sweeps Coins. Any such offer should be deemed fraudulent and disregarded.
Social Media Sites: When using any social media sites, including without limitation those that we provide links to such as Facebook®, Twitter®, LinkedIn®, Instagram®, and YouTube®, or that you access our Platform through, you acknowledge and agree that:
ERRORS, INACCURACIES, MALFUNCTIONS, AND INTERRUPTIONS
We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
Moreover, if there is any error (whether caused by human error, operational failure or systems error or a combination of these) or malfunction or interruption in the Game or the Platform for any reason (including without limitation failure of internet, connectivity, loss or corruption of data, latency in communications, technical failure or disaster), then all corresponding play, winnings of Lucky Coins or Sweeps Coins may be deemed void at our sole discretion. This includes without limitation any error in Pay-out Rate, minimum or maximum Lucky Coins or Sweeps Coins required / or that can be used to play a Game, or amount of Lucky Coins or Sweeps Coins displayed as winnings or to your Account balance.
Any amounts of Lucky Coins or Sweeps Coins credited to your Account balance in these circumstances will be deemed void, remain our property, and will be deducted from your Account balance. Any corresponding Prizes redeemed, shall be held on trust by you for us and shall be immediately repaid or returned to us, on receipt of any demand from us. You agree to report any errors that you see to us immediately via emailing [email protected].
If a Game starts but does not conclude because of a failure of our Platform, we will use commercially reasonable efforts to reinstate the amount of Lucky Coins or Sweeps Coins played (whichever applicable) in the Game to you by crediting it to your Account. We reserve the right to alter Account balances and details to correct such mistakes.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, Heuston Gaming, our affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute goods or services, loss of good-will, or other intangible losses, resulting from:
Maximum Liability: To the maximum extent permissible under applicable law, our total liability and/or the liability of our affiliates is limited to the total amount you have paid us via purchases of Lucky Coins in the six (6) months immediately preceding the date on which your cause of account arose.
Waiver and Release: You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with your use of the Platform.
Exclusion: Nothing in these Terms will operate so as to exclude our liability for death or personal physical injury that is directly and caused by our negligence or willful misconduct.
MUTUAL ARBITRATION PROVISIONS AND CLASS-ACTION WAIVER
Except where prohibited by law or set forth below, as a condition of using the Platform and any related services, you hereby agree that: (1) any and all disputes and causes of action arising out of or connected with the use of the Platform, including but not limited to any Sweepstakes or 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 your 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 either party be permitted to obtain awards for-- and you and we hereby waive 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. You and we further waive all rights to have damages multiplied or increased.
Disputes Excluded From Arbitration Requirement: 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, you agree 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 Terms, any aspect of the Platform or any 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, You agree that, by using the Platform or registering with us or on the Platform: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Platform, any 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, but in no event attorney’s fees; and (iii) under no circumstances will You be permitted to obtain any award for-- and you hereby waive 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 YOU AND WE 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 terms. 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.
Disputes and Claims one year time limit: We both agree that any dispute, claim(s), lawsuits, regardless of form, arising out of or related to the Platform or these Terms must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the Dispute, claim(s) or lawsuit, after which such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
We respect the intellectual property rights of others. If you believe there is Content on our Platform that constitutes copyright infringement pursuant to the Digital Millennium Copyright Act, please notify us via email to: [email protected].
Applicable law requires that the notice must include all of the following:
Before you file your notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a notification when there is no copyright infringement, you could be liable for damages including costs, attorneys’ fees.
Entire Agreement: These Terms constitute the entire agreement between you and us with respect to your use of the Platform and, save in the case of fraud, supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your engagement on the Platform.
Tax: You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation. We will not give you tax or legal advice.
Force Majeure: Heuston Gaming will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control.
No agency: Nothing in these Terms 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 these Terms, including but not limited to the section entitled "Mutual Arbitration Provisions and Class-Action Waiver," are 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 Terms which shall continue in full force and effect, 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. 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: We consider these Terms to be open and fair. If you need any explanation regarding these Terms or any other part of our Platform contact Customer Support via email at [email protected]. The Terms prevail over any communication with us regardless of the medium (including without limitation email, chat or social media). All correspondence between you and us may be recorded / retained.
Assignment: These Terms 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 to you.
Business Transfers: In the event of a change of control, merger, acquisition, or sale of assets of Heuston Gaming, your Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via our Platform explaining your options with regard to the transfer of your Account.
Language: These Terms may be published in several languages for information purposes and ease of access by players but will all reflect the same principles. It is only the English version that is the legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of these Terms, the English version will prevail.
Notices: Notices and other communications delivered or mailed to the postal address or email address provided by you in your Account, shall be deemed to be personally delivered once sent, whether or not actually received.
GET IN TOUCH WITH US
Account Communications / Complaints
RULES OF GAME PLAY
To register to play on the Platform and open your own Sweeptastic account (“Account”) and/or to continue to use the Platform and/or your Account, you declare and warrant that:
Failure to comply with any of the Eligibility Criteria will result in the closing of your account and forfeiture of any Lucky Coins or Sweeps Coins, without prejudice to any other rights or remedies available to us.
Log-in and Account Creation:
Verification of your Details
The Initial Verification Checks and Final KYC Verification Checks shall be referred to as the “Verification Checks.” These Verification Checks may be required to be completed during Registration and at any time whilst your Account is open or to continue to use the Platform. It is our sole discretion as to whether or not the Mandatory Information and / or documentation furnished by you as part of the Verification Checks is valid and successfully meets our requirements. It is at our sole discretion to continue with the Verification Checks.
Failure to furnish or keep Mandatory Information up to date, respond to our information requests in a timely manner, furnish valid documentation, and/or successfully complete any Verification Checks, may result in:
Account Closure / Suspension
Responsible Gaming Account Controls
If you have self-excluded and have met the Verification Checks, we will endeavour to arrange for the redemption of your Sweeps Coins that satisfy the terms of the “Redemption of Sweep Coins” as set below which is further detailed in the “Redemption of Sweeps Coins section” in the Sweeps Rules.
Games and the Platform
It is your responsibility to read the Game Rules and Sweeps Rules before playing.
We continually monitor the Games pay-out rates. We reserve the right to change the Game Pay-out Rate at our sole discretion. Any amendments to the Pay-out Rates will be displayed as detailed above.
Virtual Lucky Coins and Sweeps Coins:
Once you have created an Account, there are multiple means by which you may obtain Sweeps Coins:
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 gifts / bonuses set out above.
Payment Methods / Payment Administration Agents: