Each giveaways, promotions, sweepstakes or prizes are in no way sponsored, endorsed or administered by, or associated with Apple, Facebook, Instagram or Google.
UO Winner IS A MOBILE APP-BASED PLATFORM
YOU MUST HAVE A MOBILE PHONE CAPABLE OF ACCESSING AND USING THE APP (OFTEN REFERRED TO AS A ‘SMARTPHONE’) AND HAVE AN ACTIVE CELLULAR MOBILE ACCOUNT WITH A WIRELESS CARRIER AND CORRESPONDING MOBILE PHONE NUMBER. IF YOUR MOBILE PHONE CAN ACCESS THE WORLD WIDE WEB USING A Wi-Fi CONNECTION, IT MAY ALSO BE POSSIBLE TO USE THE UO Winner APP. USE OF OUR APP MAY INCUR FEES OR CHARGES FROM YOUR WIRELESS OR MOBILE CARRIER BASED ON USAGE, AS WELL AS FOR SMS TEXT MESSAGING SERVICES AND OTHER SERVICES THEY PROVIDE. YOU SHOULD CONSULT YOUR WIRELESS OR MOBILE PLAN TO BE SURE YOU UNDERSTAND THE FEES AND CHARGES THAT APPLY TO YOU WHEN YOU USE OUR APP, UO Winner OR OUR SERVICES OR YOU ENTER AND PARTICIPATE IN PROMOTIONS THROUGH OUR APP.
THERE IS NO FEE TO REGISTER, ACCESS OR USE UO Winner
We will refer to registered users of UO Winner as “users”, “you” or “your” and we will use words like “we”, “our” and “us” to refer to UO Winner App and the UO Winner Entities, which includes us, as well as our subsidiaries, affiliated companies, agents and representatives and our and their respective employees, officers, directors, consultants and suppliers.
Welcome to the UO Winner mobile application (the “App“ or “UO Winner”). When we use the term “UO Winner” or the “App” or our “Services”, unless specifically noted or the context clearly requires otherwise, we mean and are referring to everything associated with UO Winner, our App and our Services, including, without limitation, all the content, programs, features and functions you can access, use and/or that are available to you in connection with UO Winner, but it does not include any third party links, advertising or other aspects of, content or elements within UO Winner that may redirect your browser or result in your accessing, visiting or using any third party websites, applications (“apps”), features, functions or services. Unless the context clearly requires otherwise, it also includes your entry and participation in Promotions, although as noted below, you will have a separate agreement with each Sponsor in connection with promotions that you enter and in which you choose to participate.
WHAT IS UO Winner
UO Winner is a mobile platform we use to create and operate a variety of marketing campaigns such as giveaways, sweepstakes, contests and other types of promotions (each, a “Promotion”). Further, UO Winner is a raffle application that gives you the opportunity to win real prizes as you play games. UO Winner also provides the tools, mechanism and platform that allows third parties (e.g., other companies and organizations) to develop, conduct, operate and administer Promotions, including the capability to customize and select entry options, administer Promotions and award prizes.
The online technology platform, the functionality, features and capabilities we make available, each of those third party Promotions, as well as Promotions we sponsor, including, without limitation, the ability for you to enter and participate in sweepstakes, quizzes, contests, promotions of goods and services, interactive advertising, surveys, polls, games and other activities, all of which are made available to you, we may refer to as our “Services.”
Where a third party is the Sponsor of a Promotion through our Service, we are acting solely as a technology platform for the Sponsor to enable our users to access, use and otherwise participate in that Sponsor’s promotion. You should understand and must agree only the Sponsor, is and will be solely liable and responsible for Promotions sponsored by that Sponsor. In addition, where our Services direct, re-direct, allow or enable you to access or use other websites, platforms or third party apps that promote or offer goods or services from others, to the extent they are not Sponsors or permitted users of our Services and you are on or using their app, platform or website or any features or functionality not part of UO Winner, they are solely responsible for those offers, promotions, products or services and you are solely responsible for determining and complying with any of the terms, conditions, restrictions and requirements that apply to you in connection with any of these third parties.
WHO CAN REGISTER
Although there is no charge to register, you will need to create a user account (“Account”) to access and use our Services and you must be at least 18 years of age or be at least the age of legal majority in the jurisdiction where you live, if greater than 18, to create an Account and use our Services. You will be given or afforded the opportunity to create a unique username and password combination (an “ID”) that you will use to gain access to UO Winner each time you return. We will ask you to accurately complete a user profile, which will include your email address, username and a profile photograph. This set of information may vary in the future. You are required to keep your profile information up-to-date and accurate and if you fail to do so, not only could you find you will not be able to participate in Promotions or take advantage of all of our Services, but we may suspend or cancel your Account. If you request certain changes to your profile information (e.g., username, email), we may require you to go through our security processes before we allow you to make the change.
By registering and using our App, accessing UO Winner and/or maintaining your Account, you are agreeing we may notify you within the UO Winner App, by SMS (text message) to the mobile number you use with the App or by sending you an e-mail to the address in your profile or that you otherwise provide us or use to contact us. If you provide us with other contact information when you register or at any time in your profile or any communications with us, we may also respond or use that mechanism to contact you.
WHO IS ELIGIBLE FOR PROMOTIONS
Except as described below or if the terms, conditions and rules of a particular Promotion make you ineligible, as a registered user of UO Winner, you can enter and participate in any Promotions available on UO Winner or otherwise through our Services.
You may not access, use, register, enter or participate in any Promotion, if any laws, regulations, ordinances or court orders:
that apply to you, prohibit or restrict you from accessing, using, registering, entering or participating in any Promotion or being awarded a Prize in any Promotion; or
that apply to a Promotion, prohibit or restrict a Promotion or would prevent the rules, requirements, terms and conditions of that Promotion from being valid, legal and fully enforceable in the jurisdiction in which you reside.
The fact that UO Winner, the App or any of our Services may be accessible from other countries, or appears in any language, including, without limitation, any official language of a country, shall not be construed as a representation or warranty with respect to the legality or otherwise of the Promotion, UO Winner, our App or the Service in that country.
You may be prohibited or disqualified and held ineligible to participate, win or be awarded a prize if you have previously been suspended, banned, terminated or prohibited from playing any UO Winner Entity game, accessing any UO Winner Entity website or using any UO Winner Entity service.
You are responsible for all entries to any Promotion or any other activities made using your Account or otherwise through or using your ID. If there is any dispute about an entry into a Promotion, eligibility for a prize or any other benefit available from, through or associated with UO Winner, it will be the registered user attributable to that Account and ID that will be used to determine and resolve any such dispute, which will be binding and controlling for all purposes.
COMPLIANCE WITH LAWS
Although there is no charge to participate in any Promotion, if the jurisdiction in which you reside holds that any other type of consideration, value or any other things required by the Official Rules or the conduct of that Promotion, would be considered equivalent to a charge, fee or payment, then to the extent that Promotion would not be considered valid, legal or enforceable in that jurisdiction, as mentioned above, it shall be void, prohibited and inapplicable in that jurisdiction.
Each Sponsor is required to ensure their Official Rules for a Promotion complies with applicable law and regulation. You are responsible for complying with the laws and regulations that apply to you and the jurisdiction in which you reside. If for any reason, in any jurisdiction, a Promotion or Official Rules are restricted, prohibited or not permissible to be conducted or operated contemplated or as set forth in the applicable Official Rules, then that Promotion shall be considered void and inapplicable in that jurisdiction.
HOW TO ENTER PROMOTIONS
UO Winner will make a variety of Promotions available from Sponsors (which may sometimes be us) and the Sponsor of each Promotion will be identified in the App and also in the Official Rules for that Promotion which you can read and review any time before you enter and during the time the Promotion is running. You can indicate your interest in entering and participating in any Promotion for which you are eligible, by selecting the “Join” or similar button in the App. Each entry will be assigned a unique numeric entry number (“UO”).
Promotion will generally specify the eligibility requirements, how a user can increase their chances of winning, if applicable, whether and what limits there may be on the number of permitted entries for each user, the period during which entries will be accepted and how the eligible prize winners will be selected. We also require each Sponsor to identify, in their Official Rules, the particular prizes available to be awarded, the numbers of each prize if there are more than one available to be awarded and the approximate retail value of each prize, as well as the total value of all prizes in that Promotion.
You must read in advance and comply with the Official Rules for each Promotion and by entering, participating, becoming eligible for or claiming a prize, you irrevocably and unconditionally agree to accept and be legally bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Promotion.
A UO is not proof or confirmation that you or your entry are actually eligible to enter, participate or win a prize, but is our way of keeping track of each entry and making sure that each of your entries is identified back to your ID and Account.
REWARDS AND SYMBOLS: THEIR MEANING, USE AND VALUE
As part of the UO Winner App, in addition to the eligibility requirements to enter a particular Promotion, we will give you the opportunity to earn loyalty rewards, as well as rewards for performing certain tasks or participating or engaging in certain activities (e.g., watch a video; play a game or answer trivia questions correctly). These rewards are only available in the App, will be credited to the user’s Account when earned, awarded or achieved and my only be used by the user whose Account is in good standing and that has the rewards available.
The rewards have no monetary, cash or other value, nor can they be used for any purpose other than in the UO Winner environment, only as specifically stated in UO Winner or a particular Promotion and only for so long as you are a user with an Account in good standing. Rewards may not be sold, transferred or used by any other person, firm or enterprise.
UO Winner game rewards are similar to virtual coupons and currently come in three symbolic forms:
Ticket: This is the reward which you earn by playing games.
UO: This is a virtual coupon type which may help you win real prizes. You can exchange your tickets to UOs in app shop.
Coin: This helps you skip waiting times of games. (e.g. The Dices, The Chest, The Wheel) You can exchange your tickets with coins in app shop.
WINNERS AND PRIZES
If you are a potential winner, the Sponsor (and at our option, UO Winner as well) may notify you via In-App Alert, by Push-Notification, SMS text message, email or social media notifications and/or any other mechanism available from the information in your profile or that you provide to us or the Sponsor. In order for a potential winner to be awarded and claim a prize, that potential winner must be the Ticket holder who is the natural person who entered the Promotion and is associated with the user’s ID, Account and email that matches the email in the user’s profile. Each prize winner is solely responsible for all state, federal or local income taxes, duties or other government imposed fees on the prize, its value and/or use.
In addition to requiring you to show or demonstrate proof of eligibility, we may require you to sign a release from liability in order to be awarded or claim a prize. Except where prohibited by law, if you are awarded and accept any prize, it means that you are giving permission to the Sponsor and to us, to use your name, identify your hometown residence, your image, likeness, photographs, audio and audio-visual recordings of you and any statements you make in publicity releases and otherwise for promotional, advertising and marketing purposes in any form, format and media throughout the world without payment to you or any additional consideration.
Each Sponsor reserves the right, in its sole discretion, to substitute a prize, preferably equal value but value may be lower or greater for any and all prizes related to any Promotion. No other substitutions are allowed unless specifically authorized by the Sponsor.
When we contact the winner via email, phone or in other way, we may need to know your address for delivery reasons. The way of delivery can be different depending on the prize. Sometimes the prize can be a code number, sometimes it can be a material product. Sponsor will handle the delivery and the winner is expected to collaborate in terms of required informations. If the winner does not reply back in 30 days, Sponsor has right to change the winner with another eligible participant or cancel. Cancellation of the prize may also happen before or after electronically selecting the eligible winner regarding different reasons. In such case, you can check our social media accounts for further information.
KEEP IN MIND THAT MANY WILL ENTER, FEW WILL WIN
Under no circumstances will we be required to provide refunds, benefits or other compensation to any user or any other party in connection with any terminated, suspended, modified or discontinued elements of our App, UO Winner, Promotions, our Services or any of its features or functions or your Account.
From time to time while using our App, you may interact, receive or exchange communications with, be re-directed or linked to, participate in promotions or activities, use services or obtain goods and services from third parties, separate and apart from the UO Winner and/or the Promotions we or any other Sponsor may make available ("Advertisers"). These are all strictly and solely between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). You should also understand and agree that if you provide an Advertiser with information during the course of your communication, interaction, transaction or exchange of information, the Advertiser’s policies and practices regarding the collection, use and sharing of your information (which may include personally identifiable information), is theirs and not ours and linked sites are not under our control. They may collect data or ask you to provide personal or other information or may automatically collect information from you and when you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you and you should read and understand their policies and practices when engaging with any Advertiser.
We make no representation or promises about any content, information, goods or services any Advertiser or that another company may provide or make available, even if they appeared on UO Winner or App. We aren’t liable for any Advertisers or third parties, and even if we allow an advertisement or a link to be placed on our App in connection with UO Winner, that does not mean we endorse or undertake any responsibility or liability.
INTELLECTUAL PROPERTY RIGHTS
UO Winner, our App and Services, and all the features and functions that may be available to you in connection with or as a result of your access and use of UO Winner or any of our facilities, resources and capabilities, including, without limitation, all content, information and materials, in-App virtual coupons or symbols, even if they are indicated of accumulated Tickets, UOs or Coins, audio, visual, audio-visual, graphics, text, images, animations, all brands, logos, distinctive elements, characters, formats, sequences, expressions, trademarks, service marks, trade dress, designs, copyrighted materials, regardless of the form, format or media, are proprietary and exclusively owned by us or our Sponsors, licensers, suppliers and promotional partners and are protected by national and international laws and treaties (individually and collectively, “our IP”).
As an authorized user of our App, we grant you the right and a non-transferable limited license to use our IP in association with your UO Winner activities, our App and Promotions, for your personal, non-commercial, entertainment use and enjoyment only. You do not own or have any interest in UO Winner, or any of our IP or your Account and we expressly reserve all of our rights. Except for the limited license and rights as permitted above, you have no other rights, title or interest in any of our IP, nor are you allowed to use, modify, display, copy, transmit or re-transmit any of our IP in any other manner without our express written permission. We have the right to revoke your limited license at any time for any reason, in whole or in part, temporarily or permanently, in our sole discretion.
You own your content, but if you upload, post, provide or make it available to us, you are giving us an unrestricted, perpetual and irrevocable worldwide, royalty free, non-exclusive, license to use it, which includes the right to copy, transmit, display, as well as edit, adapt, translate, transform and create derivative works, including its use for our marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any of your content, including the right to be identified as the author and the right to object to its use.
Keep your ID and Account information confidential, as well as any personally identifiable information and other information you may not wish others to obtain because we cannot and do not guarantee that others, including, without limitation, our Sponsors, will not use anything you share and we have no obligation to take any action or even monitor anything shared by or with our users, although we reserve the right to do so to protect our interests, to improve UO Winner or our App or if required by law or regulation.
We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content that infringes the copyright rights of others and we will disable access to UO Winner and its features and functions of anyone who repeatedly infringes, misappropriates or violates the intellectual property rights of others. If you believe that UO Winner contains elements that infringe copyright in your work, please notify us immediately and follow. UO Winner does not take any implicit or explicit responsibility unless we have been notified and replied back. Replying from Our side here stands for we actually/literally have been notified. If you violate this limited license, without limitation, you may be subject to civil liability, criminal prosecution, or both.
PRIVACY, MONITORING USER ACTIVITY AND INFORMATION SHARING
Although we have no obligation to do so, we may, in our sole discretion, choose to monitor and/or record your activities and interaction with UO Winner or your communications with us, as well as with other users (including, without limitation, chat text and voice communications).
When you enter or participate in any Promotion, you are agreeing the Sponsor may have access to and use your information, including, without limitation, personally identifiable information and other information you provided to us, for the purpose of conducting, operating and administering the Promotion you enter. The Sponsor may have other privacy and information sharing practices and you should read their Official Rules and any other terms and conditions that apply to Promotions you enter so you understand the privacy and information sharing practices of the Sponsor that apply to you in connection with the Promotion.
For your security and confidentiality, never share your password (or your unique user name and password combination) with anyone and inform us immediately if you know or suspect your ID or any of your information has been compromised, tampered with, used without your authorization or you suspect any loss, theft, fraud, or unauthorized use of your ID. You, not us, are solely responsible for any activity which is conducted or takes place through your ID or your Account, including, without limitation, even if you did not authorize or know about it.
GENERAL INDEMNIFICATION OBLIGATION
To the extent UO Winner or any UO Winner Entity suffers or incurs any damages, liabilities, costs or expenses (“Damages”) or is subject to any claim, demand, action or proceeding (each, a “Claim”) due to, arising or resulting from or caused by your actions, omissions or activities, you agree to indemnify for such Damages and hold UO Winner and the UO Winner Entities harmless against such Claims, including all legal fees and court costs associated with our defense of any such Claim. You agree to fully cooperate with UO Winner or the UO Winner Entity in our defense of such Claims and all negotiations for any settlement or compromise.
LIMITATIONS OF WARRANTIES AND LIABILITY
Neither UO Winner nor any UO Winner Affiliate makes any promise or guarantee that UO Winner, or any online feature, function, promotion, access or use will be uninterrupted or error-free.
USE OF OUR APP, UO Winner AND OUR SERVICES AND ENTRY, PARTICIPATION IN ANY PROMOTION AND THE RECEIPT OF ANY PRIZE, IF APPLICABLE, IS AT YOUR SOLE RISK AND IS PROVIDED AND AVAILABLE ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, UO Winner MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE APP, UO Winner, OUR SERVICES, YOUR ACCOUNT OR ANY FEATURES, FUNCTIONS OR PROMOTIONS RELATED TO UO Winner, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR ANY IMPLIED WARRANTIES MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER UO Winner NOR ANY UO Winner ENTITY SHALL BE HELD LIABLE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, UO Winner, YOUR ACCOUNT, ANY TICKETS, COINS, UOs, POINTS, FEATURES, FUNCTIONS OR OTHER ASPECTS OF THE UO Winner ENVIRONMENT OR ONLINE ON OUR WEBSITE, REGARDLESS OF THE FORM OF THE ACTION AND/OR THE BASIS OF THE CLAIM OR AS A RESULT OF ANY ACT, OMISSION OR ACTIVITY OF ANY THIRD PARTY.
IF, FOR ANY REASON, UO Winner OR ANY UO Winner ENTITY SHALL BE HELD LIABLE, THEN UNLESS ANOTHER MINIMUM AMOUNT IS REQUIRED BY LAW, THE TOTAL LIABILITY OF UO Winner AND THE UO Winner ENTITIES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID UO Winner IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE (OR IF MULTIPLE CLAIMS, THE DATE THE FIRST CLAIM AROSE) OR ONE HUNDRED DOLLARS (US$100), WHICHEVER IS GREATER.
OTHERWISE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH RESPECT TO UO Winner OR ANY UO Winner ENTITY HERE UNDER IS TO STOP ACCESSING AND USING UO Winner AND TO CANCEL YOUR ACCOUNT.
IF THE LAW THAT APPLIES TO YOU DOES NOT ALLOW ALL OR ANY PART OF THE LIMITATIONS OF WARRANTY, LIABILITY OR REMEDY, THEN ANY AFFECTED LIMITATION OF WARRANTY, LIABILITY OR REMEDY SET FORTH ABOVE, SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO COMPLY WITH THE MINIMUM WARRANTY, LIABILITY OR REMEDY OBLIGATION REQUIRED BY THE LAW THAT APPLIES TO YOU.
You can reach us by email at firstname.lastname@example.org, email@example.com . There is a feature in the application that you may use to contact us. This feature adds your userId to your message this id helps us to identify you and provide better support.
LAW THAT APPLIES
YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY TRIAL AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS OF EU.
Headings are for ease of reference and shall not be used to interpret any meaning.
Our failure to exercise any right, enforce any term or require performance of any obligation is not and shall not be construed as a waiver of that or any other right and no waiver of any such right shall be binding unless made in writing and signed by an authorized officer of UO Winner.
Neither you nor we are responsible for any delay or failure to perform due to causes outside the reasonable control of the party against whom enforcement is sought.
If we believe that any of your actions, omissions or activities is likely to cause us imminent, irreparable damage or harm which would not be adequately remedied or compensated with money damages, we have the right to obtain injunctive relief or any other equitable remedy a court imposes, but that doesn’t limit or restrict us from also claiming money or other compensatory damages that result.
You may not bring a claim as a plaintiff or class member in a class action, consolidated action or representative action, nor can your claim be combined or consolidated with the claim or claims of others into a single case or proceeding, unless we specifically agree and inform the Court of our consent to do so.