DATE LAST MODIFIED: February 24, 2025
THE COMPETITIONS PROVIDED ON THIS WEBSITE ARE DEVELOPED BY MOMA TECH LIMITED AND
AUTHORIZED TO CARTERS INC THE SERVICES RELATED TO THE COMPETITIONS ARE JOINTLY PROVIDED
BY THE TWO COMPANIES. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOUR ABILITY TO PARTICIPATE
IN COMPETITIONS AND USE THE SERVICES OFFERED BY THIRD - PARTY DEVELOPERS DOES NOT
ESTABLISH MOMA TECH LIMITED AS THE SOLE PROVIDER OF COMPETITIONS OR THESE SERVICES.
BY REGISTERING FOR AN ACCOUNT WITH US (your “Account”), USING THE SERVICES IN
ANY WAY, DOWNLOADING ANY APPLICATION, OR REGISTERING FOR OR PARTICIPATING IN ANY
COMPETITIONS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF
SERVICE AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN
WHICH YOU PARTICIPATE (“Rules”) (these Terms and Conditions of Service, the terms of any
policy incorporated herein, and the Rules are collectively referred to as the “Terms”)
IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE
TO ACCEPT THESE TERMS.
a.Subject to your agreement and continuing compliance with these Terms and Conditions,
we grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable,
limited licence to access and use the Platform and the Content, through a supported Web
browser or mobile device, solely for your personal, private entertainment and no other
reason.
b.We grants you a personal, non-exclusive, non transferable, non-sublicensable,
revocable, limited licence to use the avatars available on the Platform.
c.We may amend, change, modify or revise the Terms at any time, and we may post
a notice on our website at (“Website”) of any material changes, and you can see when
these Terms were last revised by referring to the “Updated” legend above. Your continued
participation in Competitions and/or use of Software or Services means you accept any
new or modified Terms. You are responsible for reviewing the Terms for any changes, so
please check back here from time to time.
d.You may not modify these Terms except in writing signed by both you and us.
For purposes of these Terms, “writing” does not mean an email nor an
electronic/facsimile signature.
e.To be eligible to register an Account, to participate in any Competition or
receive Services, and/or to download Software, you must: (a) be a natural person who is
at least 18 years of age or older, and who is personally assigned to the email address
submitted during your Account registration; (b) have the power to enter into a contract
with us; (c) be physically located in a jurisdiction in which participation in the
Competition you select is permitted and unrestricted by that state or country’s laws;
and (d) at all times abide by these Terms. If any one of these requirements is not met
at any time, we, on behalf of our developer partners, may suspend or close your Account
with or without notice.
a.You are over 18 years of age or such higher minimum legal age of majority as
stipulated in the jurisdiction of your residence and are, under the laws applicable to
you, legally allowed to participate in the Games offered on the Platform;
b.You acknowledge that various rules, regulations and laws addressing
sweepstakes, contests, and tournaments with entry fees and/or prizes govern your
participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each
individual US state, country, territory, or jurisdiction. Therefore, the Software DOES
NOT permit Cash Competitions to be offered to users participating in Competitions in any
state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”),
and if you are located in any Prohibited Jurisdiction then you may not participate in
Cash Competitions.
c.In the United States, Prohibited Jurisdictions, as of the “Updated” date
above, include: Delaware; Louisiana; Maryland; Montana; Tennessee; Indiana; Maine;
Texas. It is your responsibility to determine whether the state, country, territory or
jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our
developer partners, we reserve the right (but have no obligation) to monitor the
location from which you access Services, and on behalf of our developer partners, we may
block access from any Prohibited Jurisdiction. Each time you log in to participate in a
Cash Competition, you must accurately confirm the location from which you are playing.
d.You participate in the Games strictly in your personal capacity for
recreational and entertainment purposes only;
e.You participate in the Games on your own behalf and not on the behalf of any
other person;
f.All information that you provide to us during the term of validity of these
Terms and Conditions is true, complete and correct, and you will immediately notify us
of any change to such information;
g.You will not be involved in any fraudulent, collusive, fixing or other
unlawful activity in relation to your or third parties’ participation in any of the
Games and you will not use any software-assisted methods or techniques (including but
not limited to bots designed to play automatically) or hardware devices for your
participation in any of the Games. We reserve the right to invalidate any participation
in the event of such behaviour;
h.You will not sell or trade for value, or seek to sell or trade for value, or
accept as a sale or trade for value, any Merchandise provided to you by us;
a.You are allowed to have only one Customer Account, including any Inactive Account on
the Platform. If you attempt to open more than one Customer Account, all accounts you
have opened or try to open may be suspended or closed.
b.You must notify us immediately if you notice that you have more than one
registered Customer Account, whether active or not on any one Platform. DO NOT CREATE A
NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME.
c.It is your sole and exclusive responsibility to ensure that your Customer
Account login details and any Payment Mediums Are kept secure and are only accessible by
you. You accept full responsibility for any unauthorised use of your Customer
d.Account and any activity linked to your Customer Account, including by a minor
(which in all events is prohibited).
e.You must not share your Customer Account or password with another person, let
anyone else access or use your
f.Customer Account or do any other thing that may jeopardise the security of
your Customer Account.
g.If you become aware of, or reasonably suspect that security in your Customer
Account has been compromised, including loss, theft or unauthorised disclosure of your
password and Customer Account details, you must notify us immediately.
h.You are solely responsible for maintaining the confidentiality of your
password and you will be held responsible for all uses of your Customer Account.
i.You are solely responsible for anything that happens through your Customer
Account, whether or not you undertook those actions. You acknowledge that your Customer
Account may be terminated if someone else uses it and engages in any activity that
breaches these Terms and Conditions or is otherwise illegal.
j.We are not responsible for any abuse or misuse of your Customer Account by
third parties due to your disclosure of your login details to any third party, whether
such disclosure is intentional or accidental, active or passive.
k.We reserve the right to close your Customer Account if it is deemed to be an
Inactive Account.
l.If no transaction has been recorded on your Customer Account for 30
consecutive months, we will remit the balance of the redeemed value of the Prizes in
your Customer Account to you or as otherwise may be required under applicable law.
a.Fees. Fees and payments for Services that you pay to participate in Competitions
(“Fees”) and billing procedures are detailed in the billing application. If Fees are
charged to your Account, you agree to pay those Fees. All Fees are stated in U.S.
Dollars, must be prepaid and are non-refundable. You are fully responsible and liable
for all charges, deposits and withdrawals made under your Account, including any
unauthorized charges, deposits or withdrawals. The price of Services may change at any
time, but no price change will affect your past purchases.
b.Billing. As agents for our developer partners, we may change Fees and billing
procedures by updating the billing application with or without notice to you. By
providing a payment method, you (i) represent that you are authorized to use the payment
method that you provided and that any payment information you provide is true and
accurate; (ii) authorize us, as agent for our developer partners, to charge you for the
Services using your payment method; and (iii) authorize us, as agent for our developer
partners, to charge you for any paid feature of the Services that you choose to sign up
for. As agents for our developer partners, we may bill you (a) in advance; (b) at the
time of purchase; or (c) shortly after purchase, at our sole discretion. You must tell
us within 120 days after an error first appears on your bill for an investigation of the
charge to occur promptly. After 120 days from the first appearance of the error, neither
we nor our developer partners (i) will be liable for any losses resulting from the error
and (ii) will be required to correct the error or provide a refund. If we or our
developer partners identify a billing error, it will be corrected within 90 days. You
must pay for all reasonable costs we, as agents for our developer partners, incur to
collect any past due amounts, including without limitation reasonable attorneys’ fees
and other legal fees and costs.
c.Cash Deposits. If you play games integrated in a Competition without
depositing U.S. Dollars into your Account for that Competition, then you are a “Non-Cash
Player” with respect to such Competition. However, if you play in a Competition that
requires an entry paid in U.S. Dollars (“Cash Competition”), then you are a “Cash
Player”, and if you establish a positive Account balance for entry fees for Cash
Competitions, then you must submit and maintain at all times the following current and
correct information: your full name, your permanent residential address, your phone
number and your credit card or other payment information. Participating in Cash
Competitions may require establishing a positive Account balance in any amount we or our
developer partners determine. If you are a Cash Player, by submitting this information,
you consent to allowing us and our developer partners to share your personal and payment
information in confidence with third party service providers for the purposes of
validating your identity and assessing the transaction risk associated with accepting
your selected method of payment, and for any other purpose as detailed in our Privacy
Policy.
d.Bonus Funds. If you are a Cash Player then you may be granted bonus funds
and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but
cannot be withdrawn or used for any other Service. When you enter a Cash Competition,
US$0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition for every
US$0.10 (ten U.S. cents) spent on the Cash Competition entry fee. Notwithstanding the
foregoing, additional Bonus Funds will be used to enter Cash Competitions if Bonus Funds
are the only currency available in your account. When you win a Cash Competition, any
Bonus Funds that you have used to pay the entry fee will be returned to you and any
additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate
a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in
your Account. If you do not enter a Cash Competition within a continuous 60 day time
period, all Bonus Funds in your account will be forfeited.
e.Withdrawals. If you are a Cash Player, you may request a withdrawal of funds
from your available Account balance at any time. Digital Assets and Bonus Funds cannot
be withdrawn. Processing of requested funds is made by check or by refund to the payment
method used to make your deposit and may take up to ninety (90) days; provided, however,
that we, as agent for our developer partners, may freeze your Account and/or delay a
request for withdrawal of funds pending completion of any investigation of reported or
suspected Abuse, verification of eligibility or to comply with Applicable Laws. A check
request processing fee for any withdrawal may be assessed.
f.Refund Policy. Unless otherwise required by law, no refunds are given.
g.Winnings. If you are eligible to receive Winnings, in our capacity as agent
for our developer partners, we may require that you provide proof that you are, or were
at the time of your participation in the subject Competition, eligible to participate in
accordance with these Terms and that your participation was in accordance with these
Terms. If you do not provide such proof to our or our developer partners’ reasonable
satisfaction, then you will not receive the relevant Winnings. If you receive a payment
in error, we, as agents for our developer partners, may reverse or require return of the
payment. You agree to cooperate with our efforts to do this, in our capacity as agent
for our developer partners. We may also reduce payment to you without notice to adjust
for any previous overpayment.
h.Credit Card/PayPal Use. When you pay for any charges by credit card, you
represent to us that you are the authorized user of such a credit card. You must
promptly notify us of any changes to your credit card account number, its expiration
date and/or your billing address, or if your credit card expires or is canceled for any
reason. We are not liable for any loss caused by any unauthorized use of your credit
card or other method of payment by a third party (such as PayPal) in connection with the
Services. Any attempt to defraud through the use of credit cards or other methods of
payment, regardless of the outcome, or any failure by you to honor legitimate charges or
requests for payment, will result in immediate termination of your Account, forfeiture
of Winnings, and pursuit of civil litigation and/or criminal prosecution.
a.The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that
their rights under the United States copyright law have been infringed by acts of third
parties over the Internet with ways to protect their rights. If you believe that your
copyrighted work has been copied without your authorization and is available in the
Services in a way that may constitute copyright infringement, you can provide notice of
your claim to the designated agent listed below. For your notice to be effective, it
must include the following information:
· A physical or electronic signature of a person authorized to act on behalf of
the owner of the intellectual property right that is allegedly infringed;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located in
this game; Information reasonably sufficient to permit us to contact the complaining
party, such as address, telephone number, and, if available, an email address at which
the complaining party can be contacted;
· 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
· 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 the exclusive right that is allegedly infringed.
b.Your Content. Subject to these Terms, you grant to us a worldwide, perpetual,
unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform,
transmit and display any and all communications, materials, content and information that
you submit to us or our developer partners, whether directly or through the Website,
Services or Software (“Content”), and waive any moral rights you may have in Content.
Subject to these Terms, any communication or material you transmit to us, including any
data, questions, comments, suggestions or the like, will be treated by us and our
developer partners as non-confidential and non-proprietary. Subject to these Terms, we
and our developer partners may use Content for any purpose, without any compensation,
accounting or other liability or obligation to you. If you use or share Content in a way
that infringes others’ copyrights, trademarks, other intellectual property rights or
privacy rights, you are breaching these Terms. You represent and warrant to us and our
developer partners that for the duration of these Terms you have (and will have) all the
rights necessary for the Content you upload or share on the services and that the use of
the Content, as contemplated in this Section will not violate any Applicable Laws. If
your Account is cancelled or terminated, we and our developer partners may permanently
delete your Content from our servers and we have no obligation to return Content to you.
c.Digital Assets. Some Services and Software may allow you to create digital
objects, such as avatars. Such digital objects, in addition to any digital or virtual
objects or assets we assign to your Account, such as “Z”, virtual trophies or virtual
goods, are collectively referred to as “Digital Assets”. You acknowledge that because
all Digital Assets are created through the Software and/or Services, we solely and
exclusively own all Digital Assets. To the extent we do not automatically own any
Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in
perpetuity, all right, title and interest in and to any such Digital Assets, including,
without limitation, all copyrights, patent rights, trade secrets, trademarks, moral
rights and all other applicable proprietary and intellectual property rights throughout
the world. If you have any rights to Digital Assets that cannot (as a matter of law) be
assigned to us in accordance with the foregoing, you unconditionally and irrevocably:
(i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive,
irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create
derivative works of, distribute, publicly perform, publicly display, digitally perform
and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell,
offer to sell, import and otherwise exploit any product or service based on, embodying,
incorporating or derived from Digital Assets, and (c) to exercise any and all other
present or future rights not yet known in Digital Assets. Subject to these Terms, we
grant you a limited license to use Digital Assets through your own Account solely for
purposes and in furtherance of your use of Services.
d.Ownership. All content of the Website, all products and services, all logos,
symbols, expansion names and symbols, play level symbols, trade dress or “look and
feel”, all Digital Assets and those portions of the Software and Services which are
property of us as well as all derivative works or modifications of any of the foregoing,
and all related and underlying intellectual property (including without limitation
patents, trademarks, trade secrets and copyrights), are our sole and exclusive property.
We reserve all rights not expressly granted herein. Except as expressly set forth
herein, no right or license is granted hereunder, express or implied or by way of
estoppel, to any intellectual property rights and your use of Services and/or Software
does not convey or imply the right to use the Services or Software in combination with
any other information or products.
a.To the maximum extent permitted by applicable law, we and our subsidiaries,
affiliates, officers, employees, agents, partners and licensors are not liable for any
direct, indirect, incidental, special, consequential or punitive damages, including but
not limited to personal injury or property damage, loss of data, loss of use, loss of
anticipated savings, accumulated but wasted expenses, costs of purchasing substitute
goods or services, loss of good faith, or other intangible loss, lead to:.
① Your access or use or inability to access or use the Service.
② Any conduct or content of any third party on the Service, including but not
limited to any content provided by any advertiser, affiliate ad network, rewards program
operator or payment provider we may work with or any other user of the Service, product
or service.
③ Any content and/or information obtained from the Services, or reliance on the
Services or any part thereof.
④ Unauthorized access or use or alteration of any material or content, whether
based on warranty, contract, tort (including negligence), or any other legal theory, and
whether or not we knew or should have known of the possibility of such damages.
b.In some jurisdictions, applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the above limitation
or exclusion may not apply to you. The foregoing limitations of liability shall be to
the maximum extent permitted by the laws of the applicable jurisdiction. Nothing in
these terms cancels or supersedes your rights as a consumer based on mandatory
provisions of law. To the maximum extent permitted by applicable law, our aggregate
liability and/or the liability of our affiliates is limited to the total amount..
c.In no event shall we be liable for any virus, bug, human action or omission of
any computer system, telephone line, hardware, software or program failure, or any other
error, malfunction, or computer transmission or network, connection responsible for any
delays or damages arising from your access to or use of the Services. We cannot and do
not guarantee continuous, uninterrupted or secure access to the Services.
d.In no event shall we be liable to you for any damages, claims, liabilities or
expenses incurred or suffered by you in connection with any content, products or
services provided by any third parties with whom we work.
e.You waive and release us and our subsidiaries, affiliates, partners, officers,
directors, employees and agents from liability for the acts or omissions of any third
parties arising out of or in connection with your use of the Services.
f.You agree to indemnify and hold us harmless from and against any claim or
demand (including attorneys' fees) made by any third party arising out of your use of or
access to the Services, your violation of these Terms, or your violation of any law or
the rights of a third party. damage. Nothing in these Terms shall be deemed to exclude
or limit your liability for any compensation under these Terms.
a.You are responsible for complying with all laws that apply to your User Content. You
agree not to submit to the Service or send to other users of the Service any defamatory,
inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially
discriminatory , illegal material or any material that infringes or violates the rights
of another party.
b.You will not provide us or any other user of the Service with inaccurate,
misleading or false information. If information provided to us or to other users of the
Services later becomes inaccurate, misleading, or false, you will promptly notify us of
such changes.
c.We may, in our sole discretion, remove any User Content without notice, but
are under no obligation to do so. We are not responsible for the conduct of any user on
the Service, including any User Content submitted on the Service. We are not responsible
for monitoring inappropriate content or conduct on the Services. Your use of the service
is at your own risk.
d.You hereby grant us a sole, irrevocable, sublicensable, transferable,
worldwide, royalty-free license to reproduce, modify, create derivative works from,
publish, distribute, sell, assign, transmit , publicly display and use any User Content,
and incorporate it into other works in any form, media or technology now known or later
developed.
e.You hereby further grant us the unconditional right to use and exploit your
name, likeness and any other information or material contained in any User Content in
connection with any User Content or your User Account without liability to you. any
obligation. You waive any attribution and/or any moral rights you may have in your User
Content, whether or not your User Content is altered or altered in any way, except where
prohibited by law.
f.You acknowledge and agree that all User Content, whether publicly posted or
privately transmitted to the Services, is at your own responsibility and risk. We are
not responsible for the backup and/or retention of any User Content transmitted to the
Service.
g.Prohibited Content; Prohibited User Content on the Service includes, but is
not limited to
① User Content that promotes racism, bigotry, hatred, or any form of physical
harm against any group or individual.
② Harassing User Content.
③ Sexual or Offensive User Content.
④ User Content that promotes terrorism or religious hatred.
⑤ User Content that promotes illegal activity or conduct that is abusive,
threatening, obscene, or defamatory.
⑥ User Content of a commercial nature that is not authorized by us; or
⑦ Content that promotes the services of other businesses or competitors.
1)Entire Agreement. These Terms and Conditions constitute the entire agreement between
you and us with respect to your Participation and, save in the case of fraud, supersede
all prior or contemporaneous communications and proposals, whether electronic, oral or
written, between you and us with respect to your Participation.
2)Intellectual Property. Your use of the Game will not convey to you ownership
of any intellectual property rights. Game titles, source and object code, game client
and server software, game "look and feel", sounds, musical compositions, audiovisual
effects, concepts and methods of operation, layouts, text, data, user accounts, themes,
objects , people and their portraits, their names, and their biographical information.
Stories, dialogues, catchphrases, locations, artwork, animation files, images, graphics,
files, game histories and game records, records of any chat rooms and moral rights,
whether registered or not, and all applications related to the above shall be vested in
us or any third party provider of the game.
3)Taxes. You are solely responsible for any taxes which apply to any Prizes that
you collect from your Participation.
4)Force Majeure. We will not be responsible or liable for any failure or delay
in performance of any of our obligations under these Terms as a result of events beyond
our reasonable control.
5)Severability. If, for any reason, any provision of these Terms, or any part
thereof, is held by a court of competent jurisdiction to be illegal, invalid or
unenforceable, that part of the provisions will be deemed severable and will not affect
the validity and Enforceability, these Terms will continue in full force and effect.
6)Assignment. These Terms are personal to you and may not be assigned,
transferred or sublicensed by you except with our prior written consent. We reserve the
right to assign, transfer or delegate any of our rights and obligations to any third
party without notice to you.
7)Entire Agreement. These Terms incorporate the entire understanding between you
and us and supersede all prior understandings between you and us on this subject.
8)Business Transfers. In the event of a change of control, merger, acquisition,
or sale of our assets, your user account and related data may become part of the assets
transferred to the purchaser or acquirer.
9)Waiver. No claim by us for a breach or breach of these Terms, or failure to
exercise any right under these Terms, shall constitute or be deemed a waiver or
forfeiture of such rights, or a waiver or forfeiture of such rights in the future.