These terms and conditions constitute a legal contract, hereafter referred to as the “Agreement,” between “You,” the user (either an individual or a single business entity) and Lucky Dollar App LLC(“LDA” or “LICENSOR”) for the use of the website hosted and maintained at http://www.luckydollarapp.com and related sites that are now available or that may be available in the future (collectively the “Site”), which includes mobile app, computer software and, as applicable, associated media, printed materials, online or electronic documentation, advertisements, and any other content accessible at or related to http://www.luckydollarapp.com (collectively, “Content”), which is made available for use with the LuckyDollarApp™ information service (the “LuckyDollarAppService”).
BY USING THE LUCKYDOLLARAPP SERVICE OR THE SITE, YOU AGREE TO BE BOUND BY THE THIS AGREEMENT, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE LUCKYDOLLARAPP SERVICE.
OFFICIAL RULES
LuckyDollarApp is a No Purchase necessary Site that provides Site users with free games and changes to win sweepstakes. LDA is in no way affiliated with Apple, Inc or Google, Inc. LDA, sweepstakes, and its winnings are void where prohibited and where any bonding or registration is required.
|
Games |
Max Prize |
Odds |
Max number of Winners |
|
Golden Card, Special Diamond Card |
$1,000,000* |
248,890,850 |
1 |
|
Triple 7, Roulette |
$100,000 |
48,153,633 |
1 |
|
Enjoy Holiday, Beer |
$500 |
739,654 |
50 |
|
Dominos, Soccer Winner, Monsoon Season, Snakes Sting, Lion, Sun & Fun, Football |
$10 |
14,793 |
500 |
|
Dessert Parlous |
$5 |
7,396 |
1000 |
|
Make My Trip, New York |
$2 |
2,958 |
2000 |
|
Fruit Classic, Burgers, Nuts |
$1 |
1,479 |
4000 |
|
Chocolate Flavors, Paprika |
$0.50 |
739 |
4000 |
|
Potato Chips, Breakfast |
$0.25 |
369 |
5000 |
*$1,000,000 will be awarded in the form of an annuity that pays out $20,000 per year for fifty (50) years without interest.
There is a limit of one (1) $1,000,000 prize, one (1) $100,000 prize, fifty (50) $500 prizes, and two thousand (2000) $10 prizes during the Promotion Period. Once the maximum number of any prize level are awarded, that prize will no longer be available.
1. General
In the LUCKY DOLLAR Contest (hereafter the "Contest"), there is no purchase or payment of any kind necessary to either enter it to win it. No payment or purchase will increase an entrant’s chances of winning the same.
By entering the contest, all entrants and winners agree to abide by and be bound by the official contest rules and consent to the use of their personal information in order to administer the contest.
2. Participants
The Contest is open to all registered users of LUCKY DOLLAR, and legal residents of all countries with LUCKY DOLLAR app distribution on Google Play Store, who have reached the age of 13 or the applicable age of majority (whichever is higher) at the time of entry ("Participants") and where local regulation does not prevent in any other way the participation in free contests with cash prizes. Participants are not eligible to enter or win the Contest if they are:
a. An employee, officer, director, representative or agent of LUCKY DOLLAR App, its parent, subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest (collectively known as the "Contest Parties")
b. A member of the immediate family (parent, child, sibling, spouse, grandparent, grandchild, cousin, aunt or uncle, whether related through blood, marriage, common law, civil union or adoption, regardless of where they live) or household (whether related or not) of any of the above individuals, related either directly or indirectly.
3. Contest Period
The Contest is announced in the LUCKY DOLLAR application and/or on the LUCKY DOLLAR website as a countdown, which displays the time until the next Contest. It is the sole discretion of LUCKY DOLLAR to announce a new contest with countdown or to cancel upcoming contests, at any time, without giving any reason whatsoever.
4. Participation1. Having followed the Contest App or Web instructions, register by connecting with Facebook, phone number or by providing their e-mail address. In order to register, Participants need to accept and agree to the Privacy Statement, Terms of Use and the Contest Rules. The Participant must at least be 13 years of age.
2. Use LUCKY DOLLAR App or Web to earn tickets ("Tickets") that are each worth one (1) entry into the Contest. Tickets can be earned in various ways, including (i) playing games and watching ads, (ii) completing quests or missions, (iii) daily login and (iv) sharing LUCKY DOLLAR with friends and (v) other defined activities in the application. Tickets have no cash value. In the event of a dispute over the identity of an entrant, each entry will be considered to have been submitted by the Registered Owner (as defined in below) of the email address associated with the entry. "Registered Owner" is the natural person assigned an e-mail address by an Internet access provider, on-line service provider, or other organization/individual responsible for assigning email addresses for the domain associated with the submitted email address.
5. Prizes and Winning a Contest
1. All cash and coins prizes are awarded to the winners by LUCKY DOLLAR. Winners must accept the Prize as awarded by the Contest Sponsor, failing which, the Prize will be forfeited. Prizes cannot be transferred or substituted, except at the Contest Sponsor's sole discretion. Failure to verify or declare a winner or otherwise unclaimed Prizes will result in such Prizes being forfeited and not awarded.
2. Selected entrants will be notified after the contest with in-app and/or push notification and/or email announcement and/or notification.
Main Contest Draw
3. At the end of each Contest Period (announced countdown through LUCKY DOLLAR App and/or Web), a random draw will be held from among all eligible entries received during the Contest Period to select an entrant(s) eligible to win the main Prize(s).
4. All available tickets at the moment of the draw are entered into the main Contest draw.
5. The main Prize winner is announced through LUCKY DOLLAR App or/and LUCKY DOLLAR website, right after the main Contest Draw.
6. Odds of winning the Prize depend upon the number of eligible entries received by the LUCKY DOLLAR during the Contest Period.
Activity & Loyalty Prizes
7. LUCKY DOLLAR may also offer prizes as a reward for activity and loyalty in two ways.
a. Scratch prize may be offered to users for specific activities, such as 7 days of consecutive activity in application.
b. In selected countries (subject to Contest sponsors’ decisions), users may have the option to exchange their collected tickets for cash prize rewards or other real-world rewards, based on leaderboard or other criteria announced in the application.
8. Contest sponsor reserves the right to change the activity and loyalty program at its own discretion.
9. Being granted an activity or loyalty prize requires no purchase or payment of any kind.
Raffles
10. To participate in raffles, users collect "tickets" for watching rewarded video ads, playing a certain number of scratches, competing in surveys, referring to friends & family, daily comeback, user activities, odds and suchlike.
11. When all the possible numbers in the raffle have been unlocked by users, the raffle game closes and no more tickets can be unlocked in the same game.
12. Raffle game is set for a specific duration of time, announced in the application. At the end of a raffle game, the winning tickets is randomly selected from all unlocked stamps during the raffle game.
13. The prize for the winning stamp is always announced in the application, together with raffle duration.
14. When the raffle is over, players will have one week to check the results and claim the prize if applicable. After a week, that raffle will expire and the user won’t be able to check it.
15. LUCKY DOLLAR reserves the right to alter the rules of the game and cancel the raffle game at any time for any reason, especially in the case of any suspicion of fraud and violation of contest rules.
Tournaments
Single Daily:
16. At the end of the day the topmost player on the leaderboard wins the tournament.
17. The winner must collect the price within 3 days, otherwise the money will be forfeited.
Doubles Daily:
18. At the end of the day, the topmost pair on the leaderboard wins the tournament.
19. The accumulated earnings of each pair will be considered for the judgment.
20. The winner must collect the price within 3 days, otherwise the money will be forfeited.
Singles Weekly:
21. At the end of the tournament the topmost player on the leaderboard wins.
22. Surveys & Offers would help each player make points faster.
23. The winner must collect the price within 3 days, otherwise the money will be forfeited.
Family Weekly:
24. Only 4 participants can play together.
25. At the end of the tournament, the family with the highest points wins.
26. The accumulated points of the family will be considered for judgment.
27. The winner must collect the price within 3 days, otherwise the money will be forfeited.
Family Weekly Golden Nuggets:
28. Only 4 participants will play together.
29. There will be 12 nuggets hidden in the game anywhere.
30. The family who finds all 12 nuggets first and completes the board shall win the tournament.
31. Teams who play together win the game sooner.
32. The winner must collect the price within 3 days, otherwise the money will be forfeited.
General Terms & Conditions:
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 charge to your account by sending a written request to support@luckydollarapp.com
Wallet & Withdrawal
33. All cash & coins prizes are stored in the user’s application Wallet and can be paid out upon request using the "cashout" button in the application. This is only possible when the user reaches a minimum threshold $50 and/or 10 million coins. LUCKY DOLLAR reserves the right to change the withdrawal threshold at any given time.
34. To withdraw the cash and/or coins prize after reaching the $50 and/or 10 million coins threshold, contest participants are required to fill in and confirm the cash-out form details.
35. When a user requests a cash-out or a coin prize withdrawal, LUCKY DOLLAR will pay out the cash prize within 5-7 working days after receiving a complete withdrawal, provided that all Contest rules and conditions are met.
36. LUCKY DOLLAR may return withdrawal requests if such requests are incomplete, and/or wrongly filled in. It may reject the withdrawal request in case of any doubt or if the Participant fails to comply with Contest rules. In case LUCKY DOLLAR decides to reject the withdrawal request, the wallet balance is reset.
37. Expiration period - any prize money added to the Wallet expires 90 days after the first prize grant. After the given time period, the user will no longer be eligible to win the prize. The prize money will be cancelled and removed from his wallet.
Referral prize
LUCKY DOLLAR rewards existing users for inviting their friends to the service. Users get $1 and 1 tickets added to their LUCKY DOLLAR App Wallet for each user that reaches 25 scratches on LUCKY DOLLAR. Contest Sponsor reserves the right to evaluate and reject such reward in case of fraud suspicion.
6. Right to Suspend, Modify and Terminate
LUCKY DOLLAR reserves the right in its sole discretion to suspend or cancel the Contest at any time if, for any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest ("Interruptions").
The Contest Sponsor reserves the right in its sole discretion, to suspend and/or modify the Contest, or any part of it and disqualify any individual who is responsible for any Interruptions, tampering with the entry process, the operation of the Contest Apps, or who is otherwise in violation of these Official Contest Rules. If terminated, the LUCKY DOLLAR may, in its sole discretion, determine the winners from among all eligible entries received up to time of such action using the procedures outlined herein. Each prize will be 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).
7. Confidentiality, Publicity and Intellectual Property Rights
For purposes of these Official Contest Rules, Intellectual Property Rights means any trademarks, copyright, moral rights, performer’s rights, confidential information, trade secrets and all or any other intellectual or industrial property rights, both registered and unregistered anywhere in the world, including any renewals and extensions and including any such rights discovered or invented after the date hereof.
Each Participant shall keep confidential any information which the Participant knows or reasonably ought to know is confidential and relates to LUCKY DOLLAR, LUCKY DOLLAR’s business or the Contest.
Each Participant agrees to participate, at LUCKY DOLLAR’s request, in publicity (including interviews) and further agrees that LUCKY DOLLAR owns all Intellectual Property Rights in, and may use at LUCKY DOLLAR’s absolute discretion, such publicity/interviews. LUCKY DOLLAR may refer to the Participant’s association with the Contest in all publicity, marketing and materials.
The Participant shall not publicize his or her involvement in the Contest or the fact that the Participant has won any prize (including giving interviews) except with LUCKYDOLLAR’s prior written consent.
By entering a Contest or submitting a video, image, audio file or any other materials in relation to a Contest or Prize (the Products) each Participant: (i) confirms the grant by the Participant to LUCKY DOLLAR of a worldwide, perpetual, royalty-free license in the Intellectual Property Rights in the Products or Contest entry, (ii) waives any moral rights and like rights the Participant has in relation to the Products or LUCKY DOLLAR entry so that LUCKY DOLLAR shall be entitled to use the Products or LUCKY DOLLAR entry in any and all media at no cost to LUCKY DOLLAR (iii) warrants to LUCKY DOLLAR that the Products or LUCKY DOLLAR entry: (a) are personal and related specifically to the Participant; (b) are owned and controlled by the Participant and that the Participant has the right, power and authority to grant the rights set out in these terms and conditions; (c) will not infringe the Intellectual Property Rights, privacy or any other rights of any third party; (d) will not contain anything which is untrue, defamatory, obscene, indecent, harassing or threatening; (e) do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising); (f) are not obscene or pornographic; (g) do not, to the best of the Participant’s knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) are free from any encumbrances such that LUCKYDOLLAR may use the Products in accordance with and in the manner set out in these Official Contest Rules.
For the avoidance of doubt, all rights relating to the Contest (including the name, title and format of the Contest) will vest exclusively in LUCKYDOLLAR for our own use (in our absolute discretion). Unless otherwise stated, Contest entries will not be returned to you.
8. Limitation of Liability and Release
No liability or responsibility is assumed by the Contest Parties resulting from the entrant's participation in or attempt to participate in the Contest, ability or inability to upload or download any information in connection with the Contest, or from the disruption of third-party services such as mail delivery. No responsibility or liability is assumed by the Contest Parties for Interruptions, technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Contest App in whole or in part for any reason; traffic congestion on the Internet or the Contest App's servers; unauthorized human or non- human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Parties is not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the processing of Tickets or entries, or in any Contest-related materials. Use of the Contest App is at the user's own risk. The Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to the user's or any other person's computer equipment resulting from participation in the Contest. By participating in the Contest, entrants agree: (i) to release, hold harmless and indemnify the Contest Parties, Facebook, Inc., Apple, Inc., and Google Inc. from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest; (ii) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and the award shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. By accepting a Prize, the winner agrees that the Contest Sponsor, its parent, subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest and their officers, directors, employees, representatives and agents will have no liability whatsoever for and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any Prize. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST APP OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Privacy and Public Release
The Contest Sponsor and its authorized agents will collect, use, and disclose the personal information provided upon registration and entry into the Contest for the purposes of administering the Contest and Prize fulfilment, in accordance with the LUCKY DOLLAR’s Privacy Statement. By accepting a Prize, winners consent to the publication and use of their name, statements, profile pictures, photographs, image and/or likeness in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, radio, television, in the Contest App, and on the Internet for any purpose in connection with the Contest including, without limitation, for the purposes of advertising and trade, and promoting the Contest Sponsor and its services, without further notice or compensation.
10. General Conditions
The LUCKYDOLLAR is not responsible for any other costs associated with claiming or using the Prize. The winners are solely responsible for the reporting and payment of any and all taxes, if any, that may result in claiming the prizes in this Contest. Contest Winner understands, that the prize received might be reduced by tax obligations that arise for the LUCKYDOLLAR related to awarding such a prize. Decisions of the LUCKYDOLLAR are final on all matters relating to the Contest, including matters of fact, interpretation, eligibility, procedure and fulfilment in respect to the Contest. The LUCKYDOLLAR reserves the right at any time to cancel or modify the Contest or to modify or supplement these Official Contest Rules without notice, in its sole discretion, subject to applicable law.
Questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the entrants' rights and obligations, or the rights and obligations of the LUCKYDOLLAR in connection with the Contest, shall be governed by and construed in accordance with, the laws in effect in the Czech Republic, without giving effect to any choice of law or conflict of law rules. Any waiver of any obligation hereunder by the LUCKYDOLLAR does not constitute a general waiver of any obligation to entrants. The LUCKYDOLLAR reserves the right to update or modify these Rules at any time, and without prior notice to you.
This promotion is in no way sponsored, endorsed, administered by, or associated with, Facebook, Google or Apple.
I. Access and Services
A. Access to the Site
LDA grants You a limited, personal, revocable, non-transferable, and non-exclusive license to access the Site and its Content. Content may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Any access to the Site or its Content except in accordance with this Agreement is prohibited.
Systematic retrieval of data from the Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of LDA is strictly prohibited. When retrieving information from the Site, You are prohibited from using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for and Your use of the Site; or accessing data not intended for You.
LDA operates the Site for its own commercial purposes. Your use of the Site is at the sole discretion of LDA, which may deny You further use of the Site at any time, for any reason or no reason, with or without cause. Your use of the Site does not entitle You to continued use of the Site.
B. LuckyDollarApp Apps
LDA may provide software in conjunction with the Service or for other purposes. Software provided by LDA is governed by an end-user license agreement, which you must accept before installing or using the software.
Malfunction Voids All Pays and Plays.
C. Prohibited Conduct
1. Streaming Media
LDA may provide, from time to time, streamed Content, such as audio, video, or other multimedia. While this Agreement grants You a license to access such Content on a streaming basis, creating a local copy of such Content on Your hard drive or other permanent storage device, except to the extent necessary to operate a streaming media player, is a violation of this Agreement and of United States and international copyright law.
2. Digital Rights Management
You agree that You will not use any device, software or routine to bypass any code which may be included to prevent You from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree not to break, counteract, disable, disrupt, or otherwise hinder, or attempt to break, counteract, disable, disrupt, or otherwise hinder, any encryption, digital rights management (DRM) or other access restriction or control mechanism attached to any Content received from the Site. Doing or attempting to do any of the foregoing is a violation of this Agreement, and may be actionable under the Digital Millennium Copyright Act (DMCA), regardless of other fair use or other statutory or other common law rights. Your obligations under this section shall survive the termination of this Agreement.
3. Other Prohibited Acts
Your use of the Site must always comply with applicable law. In particular, but without limitation, You agree and represent not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
(e) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;”
(f) use automated scripts to collect information from or otherwise interact with the Site;
(g) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(h) engage in activities that violate United States antitrust laws or otherwise constitute restraint of trade or price fixing; or
(i) boycott products or services.
LDA may, at its sole option, provide message boards, forums, or other social networking tools on the Site from time to time. The provision of such tools is no guarantee of their continued provision, and LDA makes not guarantee that they will be maintained or that any user-generated content will be retained for any period of time. By providing any user-generated content, You automatically grant LDA a perpetual, royalty-free, fully-paid, non-exclusive, irrevocable, worldwide license to Your user-generated content for use on the Site forever. You are responsible for making sure all information and materials that You originate or require are properly backed up so that You have ready access thereto in the event of loss, corruption or interruption of the Site or the LDA Service.
WARNING: It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Site, and that the recipient may use such information to harass or injure You. LDA is not responsible for the use of any information that You may choose to disclose publicly through the Site. Please carefully select the type of information that You post publicly on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by LDA, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You agree to take normal precautions when meeting individuals in person that You have made contact with through the Site.
D. Cancellation of Rewards
LDA may, in its sole discretion with or without notice and for whatever reason, cancel any credits and coins upon the occurrence of any of the following: (i) if the account has been inactive for 90 consecutive days, (ii) if the account or user has been found to violate the Terms and Conditions outlined in this document, and/or (iii) if there was a malfunction of the services/product.
E. Privacy
As part of its effort to provide the best possible Content and to increase the value and utility of the LDA Service, LDA may collect information about You. LDA takes the issue of internet privacy very seriously. Use of Your data is governed by the LDA Privacy Policy.
II. Amendment
A. Updates
LDA may, at its sole discretion, update this Agreement from time to time. If You do not agree to the new terms and conditions, Your sole recourse and remedy will be to cease use of the Site and the LDA Service. Your use of the Site or the LDA Service after the date that the changes becomes effective shall constitute Your acceptance of this Agreement, as modified.
B. Entire Agreement
This Agreement is the entire agreement between You and LDA, and may not be modified except in writing signed by LDA. You agree that nobody has any authority, actual or apparent, as an agent of LDA, to modify this Agreement other than in writing.
C. Assignment
LDA may assign, delegate, or transfer its rights and responsibilities under this Agreement. You may not assign, delegate, transfer, license, sub-license, or otherwise convey all or part of Your rights or responsibilities under this Agreement.
D. Reformation
Each term, condition, covenant, provision, or other part of this Agreement is separate, distinct, and severable from every other term, condition, covenant, provision or other part of this Agreement. In the event that any term, condition, covenant, provision or other part of this Agreement is found to be void, voidable, unenforceable, or otherwise ineffective, the same shall be reformed to substantially affect the parties’ intents as closely as possible, and shall have no effect on any other term, condition, covenant, provision, or other part of this Agreement.
III. Relationships
A. Third Parties
LDA may provide Content from third parties (“Third Party Content”), including from advertisers, media producers, and others. Unless otherwise specifically noted, LDA has no relation to those third parties whatsoever except for the contractual relationship or relationships under which LDA provides the Third Party Content. LDA accepts no responsibility whatsoever for the Third Party Content, including for its accuracy, suitability, legality, or propriety.
Neither You nor LDA enter into this Agreement on behalf of or for the benefit of any third party, and no third-party beneficiaries are intended.
B. Between LDA and You
This Agreement does not create an agency, partnership, joint venture, or any other business or legal relationship between You and LDA except as unaffiliated contracting parties.
The Website and the Service are provided FOR ENTERTAINMENT PURPOSES ONLY, and are not a substitute for or supplement to your own exercise of due care. LDA makes no warranties or representations about the quality or consistency of any data. You agree to verify for yourself any data or information provided by LDA. YOU EXPRESSLY ASSUME THE RISK THAT DATA, TRACKING, OR INFORMATION PROVIDED OR RETRIEVED BY LDA OR THROUGH LUCKY DOLLAR APP IS INCORRECT. The terms of this section supplement and do not supersede the other limitations in this article.
C. Opt-in Consent to Receive Affiliate Game Marketing
By using this app, you agree to provide express opt-in consent to receive marketing emails related to games from our affiliate companies. You may withdraw your consent to receive such communications at any time.
IV. Intellectual Property
A. Copyright
The Site includes Content that is protected by the United States copyright laws and international treaties. Any portion of the Site that includes the © symbol or the word “copyright” or an abbreviation thereof followed by the name “LDA LLC” or any variation thereof is owned and copyrighted by LDA. You have no license to use, view, access, copy, or otherwise exploit such Content except as expressly granted by this Agreement.
All other copyrighted material is the property of its respective owners. LDA respects the copyrights of third parties and does not condone or encourage the violation of the same.
Pursuant to the Digital Millennium Copyright Act (DMCA) LDA has registered an agent to receive copyright claims (“Designated Agent”). You may notify LDA of alleged intellectual property rights infringement by contacting our Designated Agent at:
Lucky Dollar App LLC
Attn: DMCA
13355 Noel Rd, Suite 1100
Dallas, TX 75240
Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
B. Trademarks
You may find both LDA trademarks and third-party trademarks on or in relation to the Site. The presence of a third-party trademark does not imply that LDA is affiliated with the owner of the trademark. LDA does not grant You any license or permission to use its own or third parties’ trademarks.
C. Patents
Certain aspects of the LDA Service, the Site, the Content, or other related items may be covered by U.S. and international patents and pending patents (collectively, “Patents”). LDA does not grant to You or imply a license to any of the Patents, except to the extent necessary to permit You to interact with the Site and the LDA Service according to the terms of this Agreement.
V. Termination
A. Automatic Termination
You agree that all of the terms and conditions of this Agreement are material to this Agreement, and that Your breach or threatened breach of any part of this Agreement or failure to abide by any term of this Agreement will cause LDA immediate and irreparable harm. Any such breach or failure will immediately and automatically terminate this Agreement.
B. Termination by Notice
Either party may terminate this Agreement at any time, for any reason or no reason, by sending notice of the termination to the other party. Any notice of termination shall be effective immediately when delivered.
C. Effect of Termination
You agree that upon any termination of this Agreement, You no longer have any license whatsoever to view, use, copy, or otherwise access the Site, Content, or the LDA Service. You agree that, immediately upon termination, any viewing, using, copying, or otherwise accessing the Site, Content, or LDA Service shall not be a mere breach of contract, but shall constitute a violation of the copyright in the Site, Content, and/or LDA Service.
VI. Warranty Provisions
A. Acceptance
You warrant and represent that You are legally competent to enter into this Agreement. You warrant and represent that You have read this Agreement in its entirety, that You have had adequate opportunity to consult with legal counsel of Your own choosing, that if You have not consulted with legal counsel that You have decided consciously and voluntarily not to consult counsel, and that You are or were of right mind when You do or did accept this Agreement. You further warrant and represent that You enter into this Agreement without duress, coercion, or undue influence, and that there has been no unconscionable conduct on the part of either party. You agree that the terms and conditions of this Agreement are reasonable and freely bargained for, and You waive any argument that any term or condition of this Agreement is unconscionable.
The terms of this section survive termination of this Agreement.
B. Warranty Disclaimers
1. You EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOU USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, LDA’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) LDA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) LDA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) LDA MAKES NO WARRANTY THAT:
(i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(ii) THE SITE WILL HAVE ANY PARTICULAR UPTIME OR MEET ANY RELIABILITY MEASURES,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET Your EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICES, SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LDA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The terms of this section survive termination of this Agreement.
C. Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LDA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY AND ALL LOSSES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE, INCLUDING WITHOUT LIMITATION INFORMATION RELATED TO SERVICES WITHIN THE APP; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, LDA’s LIABILITY TO YOU SHALL NOT EXCEED $500 IN ANY CASE, WHETHER SOUNDING IN TORT, CONTRACT, OR ANY OTHER THEORY. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST LDA ARISING OUT OF THE USE OF THE SITE OR ARISING UNDER THIS AGREEMENT.
LDA SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
The terms of this section survive termination of this Agreement.
VII. Survival
Any term of this Agreement that expressly indicates that it will survive the termination of the Agreement, or that by its nature implies that it is intended to or reasonably should survive this Agreement, shall survive the termination of this Agreement by either party.
VIII. Disputes
A. Forum and Venue
LDA’s principal office is in the State of Texas and the Site is controlled by LDA from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing the Site both You and LDA agree that the statutes and laws of the State of Texas, without regard to conflicts of law principles thereof, will apply to all matters relating to use of this Site, Content, the LDA Service, or this Agreement (whether grounded in tort, contract, or any other theory in law or equity). An exception is that LDA has the option to elect to proceed in whole or in part against You in any court of competent jurisdiction in the state in which You are located if LDA decides that doing so will be a more expedient way to resolve a dispute. LDA proceeding in part in a court in Your state does not waive the venue and jurisdictional agreements herein concerning other parts of the dispute or other disputes.
Your actual or threatened breach of any term of this Agreement will cause LDA immediate, great, and irreparable injury without adequate remedy at law. You expressly agree that a prima facie or presumptive initial showing of an actual or threatened breach of this Agreement by You entitles LDA, in addition to LDA’s other remedies and without waiving any of LDA’s rights and without a showing of actual damages, to a temporary or preliminary injunction restraining the violation upon posting a $500 bond, and to a permanent injunction upon the actual or threatened breach being ultimately established.
This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
The terms of this section survive termination of this Agreement.
B. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS LDA FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF LDA OR THIS AGREEMENT, OR ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
The terms of this section survive termination of this Agreement.
IX. Notice
A. To You
Certain provisions of this Agreement may permit or require LDA to give notice to You. You will be required to provide a valid and working e-mail address to sign up for the LDA Service or to access certain portions of the Site. You represent and warrant that this e-mail address is valid and that it is one You check regularly. You hereby designate the e-mail address as the address at which You are to receive any notice permitted or required by this Agreement. If you do not provide a valid e-mail address as described in this paragraph, LDA’s duty to provide notice to you, if any, is fulfilled by publishing appropriate notice on the Site. Any such notice will be considered delivered to and received by You immediately upon delivery of an e-mail containing the notice to the e-mail address or publication on the Site, even if You do not receive, check, or read the e-mail or the notice on the Site, the notice is intercepted by a spam filter or other similar program, or LDA receives a message indicating that the transmission failed or that the e-mail address is invalid or no longer operational. It is Your responsibility to ensure that You receive notices.
B. To LDA
Certain provisions of this Agreement may permit or require You to give notice to LDA. Such notices may be provided via e-mail to support@LuckyDollarApp.com except where a specific provision states otherwise, or via regular mail. An e-mail message will be considered delivered only if sent to the address above and only if the subject line contains the text “[LDA LEGAL]” exactly as shown within the foregoing quote marks. A regular mail message will be considered delivered when actually received at the following address:
Lucky Dollar App LLC
Attn: DMCA
13355 Noel Rd, Suite 1100
Dallas, TX 75240
X. Effective Date
This Agreement is effective when accepted by and only upon the acceptance of LDA. LDA manifests its acceptance by providing You with a user account or by continuing to provide You with the Site or Service.
11. TRADEMARKS
All of the trademarks, service marks, and logos displayed on the App (the “Trademarks”) are both registered and unregistered trademarks of the Sponsor, its affiliates, or third parties. Nothing in this App should be interpreted as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the written permission of the Sponsor or written permission of the applicable third party. Any use of the Trademarks is stringently prohibited.