Date Last Modified: February 17, 2022
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE APPLICATION.
1. Acceptance of Terms and Conditions
By accessing or using the Service from the Application, becoming a registered user (“Registered User”) of the Application, or merely browsing the Application, You accept and are bound by these Terms. We reserve the right to change the Terms at any time, without prior notice to You. In the event the Terms are materially modified, notice of the changes and their effective date will be prominently posted on this page. Your continued use of the Application following such changes requires Your affirmative consent to the changes. If You do not agree to the changes, Your sole remedy is to cease using the Application. If You breach any of the Terms, Your authorization to use the Application automatically terminates.
2. Eligibility/Prohibited Jurisdictions
To be eligible to utilize and participate in the pay-to-play portion of the Service You must at the time of registration: (1) be at least eighteen (18) years of age or over the legal age of majority under applicable laws in the jurisdiction in which You reside; (2) be physically located in a jurisdiction in which Your participation in the Service is lawful; (3) at all times abide by these Terms, including, but not limited to, only using mobile devices and not PCs to participate in the Service. Lucky Day reserves the right to verify Your age, identity, location, and other eligibility requirements at any time by any means. Any failure to cooperate with Lucky Day in this respect may result in the suspension and/or termination of Your Account.
Employees, officers, directors, investors, agents, and representatives of Lucky Day or any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, soVware suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes. Such persons may, however, use the Application, and will from time to time do so for the purpose of testing the Application, evaluating user experience and contests, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of Lucky Day. If such persons are deemed to be winners, any prizes won will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize.
By accessing or using the Application, You represent and warrant that You have the right, authority and capacity to enter into this agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Application. Lucky Day makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Application nor shall any person affiliated, or claiming affiliation, with Lucky Day have authority to make any such representations or warranties. We do not intend for the Application or the features offered thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Application does not constitute an offer, solicitation or invitation by Us for the use of the Application in any Jurisdiction in which such activities are prohibited or restricted. We reserve the right to deny access to the Application to anyone at Our sole discretion.
2.2. Pay-to-Play Portion of Service Not Available in All Jurisdictions
You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Application and the Service offered thereon. Access to the Application and the Service may not be legal for some or all residents of, or persons present in, certain Jurisdictions. Legal residents physically located in Arizona, Arkansas, Delaware, Louisiana, Maryland, Michigan, Montana, South Carolina, and Tennessee (together the "Prohibited Jurisdictions") are ineligible to open an Account or participate in pay-to-play portion of the Service offered by the Application. Additionally, legal residents physically located in Indiana, Iowa, and Maine (together the "Prohibited Card Jurisdictions") are ineligible to participate in card games offered in the pay-to-play portion of the Service. You agree to abide by all applicable laws in the jurisdiction where You are located while using the Application. Legal residents of the Prohibited Jurisdictions are eligible to open and maintain Accounts on the Application for use only in games that do not offer prizes.
If You open an Account and/or participate in the pay-to-play portion of the Service offered on the Application while located in a Prohibited Jurisdiction, You will be in violation of the law of such Prohibited Jurisdiction and these Terms, and subject to having Your Account suspended or terminated. If You participate in the card games offered in the pay-to-play portion of the Service on the Application while located in a Prohibited Card Jurisdiction, You will be in violation of the law of such Prohibited Card Jurisdiction and these Terms, and subject to having Your Account suspended or terminated. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We do not intend that the Application and the features offered thereon to be used by persons present in Jurisdictions in which the playing of contests may be prohibited or restricted. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
3. User Accounts
3.1. Registration Information
In order to compete in non-cash competitions, You will not need to create an authorized account (“Account”) and become a Registered User. However, in order to compete in pay-to-play cash competitions, You must create an Account through a third-party social network, such as Facebook®, Gmail ®, or Apple® (collectively, "SNS") and become a Registered User. To create an Account You will be asked to provide certain information. Lucky Day may require You to (a) submit Your legal first and last name, date of birth and zip code area of residence, Your e-mail address and other details as requested including, but not limited to whether You were referred to the Application by an existing Registered User, and Your promotional code (if applicable); (b) provide Your telephone number and (c) select a unique username and password. A username must not be offensive, be selected to deceive or misinform other Registered Users, and may not offend common decency or infringe upon the rights of third parties. If Lucky Day receives information that a username is illegal or in breach of these Terms, the username can be amended by Lucky Day without prior notice. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e. “2345678”) or letters (i.e. “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. You are responsible for maintaining the confidentiality of Your login names and passwords and You accept responsibility for all activities, charges, and damages that occur under Your Account. You are responsible for ensuring You use strong and secure passwords, and You may be required to change Your passwords from time to time. You have the option to upload a picture of Your liking which will be displayed against Your username to all Your opponents and other players who have access to the leaderboards in which You have participated in (“Profile Picture”). A selected Profile Picture must not be offensive, be selected to deceive or misinform other Registered Users, and may not offend common decency or infringe upon the rights of third parties. If Lucky Day receives information that a Profile Picture is illegal or in breach of these Terms, the profile picture can be amended by Lucky Day without prior notice.
When You register through Your SNS account, You will be asked to login to the Application using Your SNS account credentials. Creating an Account for the first time via a SNS will prompt You to connect Your Lucky Day and SNS accounts. By creating a Lucky Day Account via Your SNS account, You are allowing Lucky Day to access Your SNS account information. If You access the Application from an SNS, You shall comply with the terms of service of the SNS as well as these Terms.
3.2. Secrecy Obligation
You agree to keep Your password and username (“Identifiers”) secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your Identifiers, with or without authorization, or who has access to any PC on which Your Account is accessible. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Lucky Day by sending an e-mail to firstname.lastname@example.org whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Lucky Day. Without limiting the foregoing, any transactions made and accepted within the Application where Your Identifiers have been used (and where You have not previously notified Lucky Day as provided herein) will be treated as valid.
3.3. One Account
Only one Account is allowed per person. In the event that Lucky Day determines that You have registered more than one Account, then You acknowledge and agree that, in addition to any other rights that Lucky Day may have, Lucky Day has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Application, and withhold or revoke the awarding of any prizes.
3.4. No Transfer
3.5. Equipment Obligation
You must provide all equipment and soVware necessary to connect to the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Application. Please note that it is against these Terms to use a PC to participate in the Service and if You are found to be using a PC to participate in the Service all potential winnings are subject to forfeit.
3.6 Daily Bonus
Lucky Day provides You with an opportunity to earn a bonus available to be earned every day (“Daily Bonus”). A Daily Bonus can be earned by watching an advertisement video on Your homepage or giVs page aVer which You will receive ten (10) virtual currencies for every video watched. You will be allowed to watch a maximum of ten (10) videos per day.
3.7 Online Store
You will be able to access Lucky Day’s online store through the Application. You will be able to deposit additional cash in the online store via Your credit card, PayPal or Apple Pay, where You will be rewarded 20 virtual currency for each $1 deposited. All purchases made on the online store are final.
There are a number of contests/ and or tournaments available on the Application in which You compete in to win a prize. The Application offers a plurality of different types of contests including pay-to-play and free-to-play contests. We reserve the right to modify or cancel contest(s) at any time without notice to You.
All contests offered are designed as games of skill pursuant to the Unlawful Internet Gaming Enforcement Act of 2006. Winning a Lucky Day contest is determined by Your ability to use Your skill and performance.
Each of Our contests are governed by specific rules, as may be modified from time to time, which are set forth in the Official Rules and are incorporated into these Terms by this reference. You have the responsibility to review the rules prior to participating in any contest, and to review the rules for any changes. You agree to abide by the then-current rules for the contest(s) in which You participate. Your failure to follow the then-current rules for the contest(s) in which You participate will result in Your immediate and automatic forfeiture of the contest, and We reserve the right to immediately suspend or terminate Your access to the Application.
4.2. Entry Fees and Payment
While some contests may be free to enter, certain contests on this Application will require a pay-to-play entry fee, which will be listed in U.S. dollars. The entry fee may vary from contest to contest. You can enter the tournament by using either cash or game currency. Once You enter a given game tournament, Your Account balance will be reduced based on the amount of currency used to enter the tournament. This entry fee is a one-time fee You must pay to enter certain paid tournaments. It is Your responsibility to know and understand the rules and required entry fees for any given contest. You may receive supporting information relating to charges to Your Account by sending a written request to email@example.com.
In the event of a dispute regarding the identity of the person submitting an entry into a contest, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the Authorized Account Holder. "Authorized Account Holder" is defined as the natural person who is the age of majority in his or her Jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Application. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Application. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
4.3. Results and Winners
The results and winners of each contest offered on the Application will be determined by Us at Our sole discretion and such determinations are final. We may change the official results, stats, etc. of events that have already occurred and have been posted to Your Account (or have affected Your score, progress, status, etc.) at Our discretion for reasons. By registering an Account and/or participating in any contest, You agree to be bound by these determinations. Winners will be notified on the Application directly by Us once final games in contest close. Please note that it is against these Terms to use a PC to participate in the Service and if You are found to be using a PC to participate in the Service all potential winnings are subject to forfeit.
4.4. Contest Prizes
Contest prizes may be virtual for use only on the Application or they may be “real.” See Official Rules for each contest to see the prize(s) to be awarded for that contest. No substitution or transfer of prize is permitted except at Our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Us. If any legal authority challenges the award and/or Your receipt of a prize for winning a contest on the Application, We reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.
All monetary winnings will be deposited directly into Your Account. Any amounts that are mistakenly credited as winnings to Your Account remain Our property and will automatically be transferred from Your Account upon confirmation of the error. Any winnings mistakenly credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings.
It is the policy of the Application, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Application in any given year. Depending on the jurisdiction in which You reside, the Application may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
4.5. Affidavit of Eligibility
If You are a potential prize winner, You may be required to execute and return an affidavit of eligibility, a copy of Your driver’s license, a liability release and, where lawful, a publicity release within thirty (30) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion.
5. Deposits, Bonus Cash, and Withdrawals from Your Account
To participate in certain contests, You must pay the entry fee. You can deposit cash into Your Account by any of the methods permitted on the Application. In order to deposit such funds, you must be a Connected (“Connected User”) and Registered User. In order to be a Connected User, You must connect your Account to Facebook®, Gmail ®, or Apple®. You cannot be using a guest account. In order to be a Registered User, You must share the following (a) birthday (b) country (c) zip code and (d) phone number, date of birth, zip code area of residence, as described above and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary,
You may be required to provide appropriate documentation that allows us to verify You. Additionally, in order to be able to deposit funds, You will need to share and verify the following information (a) location (b) age (c) name (d) email (e) zip code and (f) phone number. As You are required to share Your location before You can complete Your deposit, You will not be able to continue with Your deposit if any of the following occur: (a) Your location is in a Prohibited Jurisdiction (b) Your location is invalid, (c) Your location is captured using a virtual private network (“VPN”) or (d) Your refuse to share Your location.
You will have the ability to choose from four (4) different packages consisting of deposits for $5, $15, $25, and $35. You will be able to view the details of Your deposit before the deposit is finalized. Such funds will be deposited into Your Account upon actual receipt of the funds by Us and/or Our agents. Minimum and maximum limits may be applied to Your deposits into Your Account, depending upon Your history with the Application, the method of deposit, and other factors as determined solely by Us. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in Your Account. All payments into Your Account must be from a payment source on which You are the named account holder. By depositing funds or entering paid contests,
5.2 Bonus Cash
Depending on the specific cash deposit package You choose, You may be rewarded with certain bonus cash (“Bonus Cash”). Bonus Cash can be used to enter a tournament but cannot be withdrawn.
If both actual cash deposited by You and Bonus Cash are available in Your Account balance, up to twenty percent (20%) of the entry fee will be paid in Bonus Cash upon entering a tournament, and the rest will be paid utilizing actual cash. When Bonus Cash is used to enter a tournament, the winnings on top of the bonus cash part of the entry fee are converted to regular withdrawable funds. Upon withdrawal, all Bonus Cash is forfeited.
If You wish to withdraw cash that is won from cash tournaments, You will be asked to enter Your PayPal email and confirm before submitting Your withdrawal. Any available Bonus Cash will be forfeited aVer withdrawal. You will be charged a one dollar ($1) service fee that is to be deducted from the amount You will withdraw.
The processing of requesting a withdrawal to Your PayPal account may take up to fourteen (14) business days; provided, however, the Application reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a Registered User requesting withdrawal of funds. If You do not receive Your withdrawal within five (5) business days, please contact customer support at firstname.lastname@example.org.
We reserve the right to require You or Your financial institution (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and Your identity. Withdrawal payments will not be made until such verification is received; if We have not received verification within five (5) days, the withdrawal request will be cancelled and the Account in question may be suspended.
If Your Account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
5.4. U.S. Dollars
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by Our Payment Processors (defined below) or Your financial institution and You may be charged a service fee for such conversion. Please also be aware that Our Payment Processors and/or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under Our control and We recommend that You contact Your financial institution directly for more information.
6. Third Party Payment Processors
7. Online Conduct
7.1. Conduct Restrictions
You agree to use the Application only for lawful purposes. Unacceptable uses include without limitation:
(i) Engaging in any illegal activity or the planning of any illegal activity;
(ii) Disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(iii) Creating, uploading, disseminating or transmitting files, graphics, soVware or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property rights of any person;
(iv) Creating a false identity, impersonating another person, or otherwise attempting to mislead any person as to the identity or origin of any communication;
(v) Exporting, re-exporting or permitting the downloading of any message, soVware or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
(vi) Interfering, disrupting or attempting to gain unauthorized access to the Application, other accounts in the Application or any other computer network;
(vii) Uploading, disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
(viii) User Content that, in the sole judgment of Lucky Day, is objectionable, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Lucky Day or its users to any harm or liability of any type.
(itt) Stalking or harassing another Registered User;
(x) Improperly using support or complaint buttons or making false reports to Lucky Day; or
(xi) Engaging in any other activity deemed by Lucky Day to be in conflict with the spirit or intent of the Application.
7.2. Reporting Abuse or Inappropriate Conduct
If You wish to report any abuses, inappropriate online conduct or a violation of Our Terms, please forward all evidence of the same to email@example.com. Please refer responsibly!
8. Intellectual Property Rights
8.1. Copyright Information and Personal & Non-Commercial Use Limitation
Content within the Application is owned and/or licensed by Lucky Day and is protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the Application unless You are authorized to do so in writing by Lucky Day.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affitted to content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of content. Lucky Day reserves all rights in the content that are not expressly granted to You in these Terms.
Making unauthorized copies of content found in the Application may result in the termination of Your Account, prohibition on use of the Application, and further legal action. Content owners may take criminal or civil action against You for unauthorized use of intellectual property. You agree to indemnify and hold harmless Lucky Day from any unauthorized or illegal conduct by You, or through the use of Your Account, on the Application.
8.2. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available within the Application in a way that may constitute copyright infringement, You may provide notice of Your claim to Lucky Day’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located within the Application;
(4) Information reasonably sufficient to permit Lucky Day to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lucky Day’s Designated Agent is:
Address: 9663 Santa Monica Blvd. Beverly Hills, CA 90210 Phone: 615-900-4343
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Application. All other inquires to the Designated Agent will not be answered.
Lucky Day owns or in the process of registering trademarks for its many goods and services, including, without limitation, “Lucky Day,” and the associated graphics, logos and service marks and may not be used without prior written consent of Lucky Day. All other trademarks, product names, and company names and logos appearing within the Application are the property of their respective owners.
8.4. Rights of Publicity
By participating in a contest or service offered via the Application, You agree to the use by Lucky Day of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for that contest and/or other Lucky Day contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereaVer devised without compensation, review or approval rights, notification or permission, except where prohibited by law.
We reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. You agree that We may announce any winner's name on-air or on the Application at any time in connection with the marketing and promotion of Our Application and the services or contests offered by Us.
8.5. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Lucky Day in connection with Your use of the Application shall be the exclusive property of Lucky Day. You agree that unless otherwise prohibited by law Lucky Day may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
9. Limitations on Warranty and Liability
You expressly agree that use of the Application is at Your sole risk. Neither Lucky Day nor any of its members, managers, or employees, contractors, agents, merchants, sponsors, licensors, content providers, vendors, component suppliers (both hardware and soVware), and/or any third party who provides products or services purchased from or distributed by Lucky Day (collectively “Providers”), or the like, warrant that services affiliated with Lucky Day, including, but not limited to, the Application and the services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published in the Application may contain inaccuracies or typographical errors. Neither Lucky Day nor any Lucky Day Providers make a warranty as to the results that may be obtained from the use of the Application or as to the accuracy, reliability, or currency of any information, content, or services, provided through the Application. Furthermore, Lucky Day and Lucky Day Providers shall not be responsible for any opinions, views, advice or statements posted on the Application (including, without limitation, in any public posting areas of the Application) by any person or entity other than an authorized Lucky Day spokesperson. Advertisers, content providers, Registered Users, guests, independent writers, and non-coach experts are not our authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, Registered Users, guests, independent writers, or non- coach experts be relied upon for important personal decisions without independent verification.
9.1. Disclaimer of Warranties
YOUR USE OF OUR APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR LUCKY DAY PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR LUCKY DAY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION, SECURITY OF THE APPLICATION, THE AVAILABILITY OF ANY GOODS OR OFFERINGS OFFERED ON OR THROUGH THE APPLICATION, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON THE APPLICATION. ANY SERVICE OR SERVICE APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9.2. Limitation of Liability
LUCKY DAY AND LUCKY DAY PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APPLICATION OR ANY RELATED SERVICE. THE OPERATION OF THE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LUCKY DAY AND LUCKY DAY PROVIDERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUCKY DAY AND LUCKY DAY PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE APPLICATION, AS DEFINED HEREIN, OR ANY RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LUCKY DAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT LUCKY DAY IS FOUND TO BE LIABLE, IN NO EVENT SHALL LUCKY DAY OR LUCKY DAY PROVIDERS BE LIABLE FOR ANY DAMAGES THAT EXCEED ONE THOUSAND DOLLARS ($1,000).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE APPLICATION OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LUCKY DAY’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT LUCKY DAY OR LUCKY DAY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE APPLICATION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON LUCKY DAY'S APPLICATION AND SERVICE, FROM INABILITY TO USE LUCKY DAY'S APPLICATION OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR APPLICATION AND SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Application and the services offered thereon, Your sole and exclusive remedy is to discontinue Your use of the Application.
You agree to indemnify, save, and hold Lucky Day harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Application, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Lucky Day reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Lucky Day, and You agree to cooperate with Lucky Day’s defense of these claims. Lucky Day will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of Your Account or of the Application.
11. Termination of Application and Accounts
Lucky Day may terminate the entire Application or a portion of the Application and the services offered thereon at any time. Lucky Day may also terminate Your Account (and access to all related entitlements) for violation of these Terms, illegal or improper use of Your Account, or illegal or improper use of the Application or services offered thereon. We also reserve the right to terminate any Accounts that have been inactive for one (1) year. You acknowledge that Lucky Day is not required to provide You notice before terminating Your Account(s). If Lucky Day terminates Your Account, You may not again participate in services offered on the Application without Lucky Day’s express permission. You may cancel Your Account at any time by following the instructions within the Application or contacting firstname.lastname@example.org. By permanently deleting Your Account, all Your personal information including identification data, will be permanently deleted and should You choose to reregister, You will need to create a new account and submit applicable re-verification identification documents.
In the event that Your Account is terminated or cancelled, You will have no further access to Your Account or anything associated with it. You can lose Your username and persona as a result of Account termination or cancellation. If You cancel Your Account, Lucky Day reserves the right to collect fees, surcharges or costs incurred before You cancelled Your Account. If Your Account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
Lucky Day reserves the right to refuse to keep an Account for, and provide the Application to, any individual. You may not allow any individual whose Account has been terminated by Lucky Day to use Your Account.
12. Third Party Advertising
13. Privacy and Data Collection
14. Maintenance and Updates to the Application
Lucky Day conducts maintenance work on its system from time to time mainly for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Application will not be available during maintenance periods. If possible, You will be notified of maintenance periods in advance, however, You hereby agree that Lucky Day may update the Application with or without notifying You.
All problems encountered during the use of the Application, including those with regard to Your Account, etc., can be reported to Lucky Day when the problem is encountered at email@example.com.
You acknowledge and agree that You shall not circumvent or attempt to circumvent these Terms or the Application or otherwise interrupt or attempt to interrupt the operations of Lucky Day (collectively, a “Circumvention Act”). If Lucky Day determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Application, then, in such an event, Lucky Day reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
16. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) the Application is provided by Lucky Day, 9663 Santa Monica Blvd. #933, Beverly Hills, CA 90210, and that (b) a fee may be charged for certain games, or tournaments offered; Lucky Day reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You. If You have a complaint regarding the Application or desire further information on use of the Application, please contact firstname.lastname@example.org.
17. Supplemental Policies
Lucky Day may publish additional policies related to specific services such as forums, games, activities, contests, tournaments, or promotions. Your right to use such services is subject to those specific policies and these Terms.
18. General Terms
Lucky Day may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms without Lucky Day’s prior written consent, and any unauthorized assignment and delegation by You is void and ineffective.
If any part of these Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the parties’ original intentions, and the remaining portions shall remain in full force and effect.
Any failure on Lucky Day’s part to exercise or enforce any right or provision of these Terms will not constitute waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by Lucky Day.
18.5. Statute of Limitations
18.6. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Lucky Day, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Lucky Day’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, epidemics, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18.7. Entire Agreement
We may notify You via postings in the Application and via e-mail or any other communications means to the contact information You provide to Us. All notices given by You or required from You under these Terms shall be in writing and addressed to: Lucky Day, 9663 Santa Monica Blvd. #933, Beverly Hills, CA 90210. Any notices that You provide without compliance with this Section on Notices shall have no legal effect.
19. Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. THIS SECTION MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
19.1. Preliminary Dispute Resolution
By entering into this agreement, You agree to work with Lucky Day in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to these Terms or Your use of the Application before escalating the Dispute to binding arbitration or litigation, as addressed below. You must give Lucky Day an opportunity to resolve the Dispute by sending written notification email@example.com with the subject line “DISPUTE” or mailing Lucky Day, 9663 Santa Monica Blvd. #933, Beverly Hills, CA 90210. The written notification of Dispute must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek. If Lucky Day does not resolve the Dispute within forty- five (45) days aVer receipt of Your written notification, You may pursue Your dispute in binding arbitration. You may pursue Your dispute in a court only under the limited circumstances described below.
19.2. Binding Arbitration
By entering into this agreement, You agree that all Disputes between You and Lucky Day that cannot be resolved through Lucky Day’s preliminary dispute resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in Los Angeles, CA before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures. The laws of the State of Delaware shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and Lucky Day and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
19.3. Class Action Waiver
By entering into this agreement, You further agree that any and all arbitration or litigation involving Lucky Day shall be conducted individually and not as a class action or other representative action, and You expressly waive Your right to file a class action or seek relief on a class basis. YOU AND LUCKY DAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING UNLESS BOTH YOU AND LUCKY DAY SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. If You choose to pursue Your dispute in court by opting out of the binding arbitration provision, as specified below, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Application can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Lucky Day without having complied with the opt-out requirements below.
19.4. Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through binding arbitration, You or Lucky Day may bring an action in a state or federal court located in [Insert city], [state] to protect or enforce intellectual property rights. Intellectual property rights includes patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Lewes, Delaware for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of Delaware shall be applied in any litigation proceedings, without regard to principles of conflict of laws.
19.5. Right to Opt-Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of these provisions by mailing written notification to Lucky Day, 9663 Santa Monica Blvd. #933, Beverly Hills, CA 90210. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes with Lucky Day through binding arbitration. Your decision to opt-out of these provisions will have no adverse effect on Your relationship with Lucky Day. If You opt-out of these provisions, Lucky Day also will not be bound by them. Any opt-out request received a_er the Opt-Out Deadline will not be valid and You must pursue Your dispute through binding arbitration or small claims court.
These Terms and Conditions of Use may be changed at any time, without prior notice. Please visit this page regularly for updates to the Terms and Conditions of Use. You are reminded to print all transaction data, payment methods and these Terms and Conditions of Use in order to avoid misunderstandings at a later time.
THE SECTION TITLES IN THESE TERMS AND CONDITIONS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.