TERMS OF USE
Last Update: September 21, 2023
Welcome to the GO4 Platform (defined below)! By using this Platform, you are agreeing to these Terms of Use (defined below). Please read these Terms of Use carefully. If you have any questions, contact us info@playgo4gold.com
Replay Esports Inc., a Wyoming corporation (“GO4”, “we”, “us”, or “our”) owns and operates the website, www.playgo4gold.com, GO4 mobile apps, GO4 kiosks and any platforms we have now or in the future that references these Terms of Use (collectively, “Platform”). By (a) using the Platform and GO4’s services through the Platform, (b) signing up for an account, and/or (c) completing a purchase on the Platform, you agree to these Terms of Use and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use.” As used herein, the term “using” also includes any person or entity that accesses or uses the Platform with crawlers, robots, data mining, or extraction tools, or any other functionality.
By entering your email, logging into your account, or accepting notifications, you agree to receive personalized GO4 deals through our GO4 app, text message, or emails. You may unsubscribe at any time.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE ANY GO4 SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE PLATFORM.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.
About the Platform
GO4 is a platform through which certain third parties that sponsor promotional activities (“Sponsors”): (a) sell vouchers for goods, services, or experiences (“Vouchers”), (b) sell travel goods and services (“Getaways”), sell gift cards (“Sponsor Gift Cards”), (c) sell goods and services directly to you (“Sponsor Products”), (d) make available prizes, coupons, promotional codes, giveaways, samples, and offers for software downloads (“Coupons”), (e) sell dining experiences for specific dates and times (“Reservations”), (f) sell food, beverage and other products for delivery and takeout (“Online Ordering”), (g) make available certain offers, including “card linked deals” (as defined in the Special Programs section of the Terms of Use), and (h) enable you to schedule use of your Voucher on a specific date and time (“Bookings”) (collectively (a)-(h), “Sponsor Offerings”). Sponsors are the sellers and issuers of the Sponsor Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Notwithstanding the foregoing, Vouchers may be distributed by GO4. More information about the distributor of a particular Voucher is available upon request. GO4 is not an agent of any Sponsors.
In addition, GO4 is a platform through which you can participate in prize promotions and purchase products from GO4 (“Products”) and participate in other available programs.
Certain Sponsor Offerings, prizes, Products, other available programs, and pricing on the Platform may change at any time in GO4’s sole discretion, without notice.
Ownership of the Platform
The Platform, any content on the Platform, and the infrastructure used to provide the Platform are proprietary to us, our affiliates, Sponsors, and other content providers. By using the Platform and accepting these Terms of Use: (a) GO4 grants you a limited, personal, non transferable, nonexclusive, revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by GO4; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platform without the express permission of GO4.
Use of the Platform.
As a condition of your use of the Platform, you make the following representations (which are non-exclusive):
- You are at least thirteen (13) years of age;
- You will not attempt to use the Platform with crawlers, robots, data mining, or extraction tools or any other functionality;
- Your use of the Platform will at all times comply with these Terms of Use;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You will only make purchases on the Platform for your own use and enjoyment or as a gift for another person;
- You have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current, and complete;
- You will update and correct information you have submitted to the Platform, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
- You will only purchase a Sponsor Offering, Product, or participate in a prize promotion through the Platform by creating an account on the Platform, and any purchase will be subject to the applicable terms of sale.
Access to the Platform
GO4 retains the right, at our sole discretion, to deny service or use of the Platform or an account to anyone at any time and for any reason, so long as such reason is not prohibited by law. While we use reasonable efforts to keep the Platform and your account accessible, the Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Platform access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
Modification
We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Platform or our services, we will generally post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Platform or any services offered through the Platform after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Platform or our services will constitute acceptance of these changes and the Terms of Use as modified.
Your Account
You may only create and hold one account on the Platform for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personally identifiable information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that GO4 shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Platform or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
The Platform may permit you to make purchases without an account or without logging in to your account by using the guest checkout feature. If you make a purchase in this manner and you do not already have an account with us, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, mobile number, e-mail address, and other transaction information). You may later claim this account by creating a password for the account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account at our sole discretion. If your account is canceled, you may forfeit any pending, current, or future account credits, and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Platform, including, without limitation, requirements for use.
Your Conduct
All interactions on the Platform must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Platform, we may limit or terminate your privileges on the Platform and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following non-exclusive list of activities are expressly prohibited on the Platform and constitute violations of these Terms of Use:
- Submitting any content to the Platform that:
- Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
- Contains personally identifiable information, except when we expressly ask you to provide such information;
- Contains viruses or malware;
- Offers unauthorized downloads of any copyrighted, confidential, or private information;
- Has the effect of impersonating others;
- Contains messages by non-spokesperson employees of GO4 purporting to speak on behalf of GO4 or provides confidential information concerning GO4;
- Contains chain letters of any kind;
- Is purposely inaccurate, commits fraud, or falsifies information in connection with your GO4 account or to create multiple GO4 accounts; or
- Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Attempting to do or actually doing any of the following:
- Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Scanning or monitoring the Platform for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
- Scanning or testing the security or configuration of the Platform or breaching security or authentication measures; or
- Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Platform.
- Using any of the following:
- Frames, framing techniques, or framing technology to enclose any content included on the Platform without our express written permission;
- Any Platform content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- The Platform or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with GO4; or
- The Platform or any of its resources to solicit consumers, Sponsors, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with GO4, including, without limitation, aggregating current or previously offered deals.
- Collecting any of the following:
- Content from the Platform, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Platform without our express written permission; or
- Personally identifiable information, User Content, or content of any consumers or Sponsors.
- Engaging in any of the following:
- Tampering or interfering with the proper functioning of any part, page, or area of the Platform or any functions or services provided by GO4;
- Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Reselling or repurposing your access to the Platform or any purchases made through the Platform;
- Exceeding or attempting to exceed quantity limits when purchasing Sponsor Offerings or Products, or otherwise using any GO4 account to purchase Sponsor Offerings or Products for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Platform;
- Accessing, monitoring, or copying any content from the Platform using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;
- Aggregating any current or previously-offered deals or content or other information from the Platform (whether using links or other technical means or physical records associated with purchases made through the Platform) with material from other Platforms or on a secondary Platform without our express written permission;
- Deep-linking to any portion of the Platform (including, without limitation, the purchase path for any Voucher) without our express written permission;
- Hyperlinking to the Platform from any other website without our initial and ongoing consent; or
- Acting illegally or maliciously against the business interests or reputation of GO4, our Sponsors, or our services.
Your Privacy
We take the privacy of your personally identifiable information seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in and subject to these Terms of Use.
Terms of Sale
By purchasing or obtaining any Sponsor Offering or Product via the Platform, you agree to our Terms of Sale. Our Terms of Sale are incorporated in and subject to these Terms of Use.
Special Programs
By participating in special programs offered by GO4, you agree to these Terms of Use and the additional terms of each program.
Copyright and Trademarks.
User Content
The Platform may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Platform (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Platform from time to time. You may be required to have a GO4 account to submit User Content.
If you contribute any User Content, you will not upload, post, or otherwise make available on the Platform any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. GO4 does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.
GO4 shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by GO4, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, GO4 shall have the right to remove any material from the communities, the Platform, or any other GO4 website, in its sole discretion. GO4 assumes no liability for any User Content or other information that appears or is removed from the Platform or elsewhere. GO4 has no obligation to use User Content and may not use it at all.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. GO4 makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Platform or elsewhere, or that the User Content will cease to appear on the internet, in search engines, social media websites, or in any other form, media or technology.
- Public Nature of Your User Content.
- You understand and agree that User Content is public. Any person (whether or not a user of GO4’s services) may read your User Content without your knowledge. Please do not include any personally identifiable information in your User Content unless you wish for it to be publicly disclosed. GO4 is not responsible for the use or disclosure of any personally identifiable information that you disclose in connection with User Content.
- Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by GO4. Other users may post User Content that is inaccurate, misleading, or deceptive. GO4 does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of GO4. GO4 does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Platform, including, without limitation, any objectionable User Content.
- License Grants.
- Some User Content you submit to GO4 may be displayed or may give you the option to display in connection with your personally identifiable information, or a portion of your personally identifiable information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant GO4 a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any personally identifiable information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in personally identifiable information to the extent permitted under our Privacy Policy, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, GO4 shall have no obligation to use your personally identifiable information in connection with any User Content.
- As between you and GO4, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Platform, you grant GO4 a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. GO4’s license in any User Content or personally identifiable information submitted includes, without limitation, use for promotions, advertising, marketing, market research, sponsor feedback, quality control, or any other lawful purpose.
- The Platform is designed and intended for persons above the age of thirteen (13) years of age. We encourage you to review our policies and procedures in place to comply with the Children’s Online Privacy Protection Act (“COPPA”), contained within our Privacy Policy. By contributing User Content or other content on or through the communities, you affirm that you are over the age thirteen (13). We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least thirteen (13) years old.
Unsolicited Ideas
We do not accept or consider, directly or through any GO4 employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- GO4 has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
- GO4 will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures.
- Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Platform infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to GO4’s attention, you can report your concern(s) by emailing us at Legal@playgo4gold.com.
- DMCA Procedures. GO4 reserves the right to terminate your, or any third-party’s, right to use the Platform if such use infringes the copyrights of another. GO4 may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Platform, if GO4 determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Platform by any third-party in a way that constitutes copyright infringement, and you would like to bring it to GO4’s attention, you must provide notice to Legal@playgo4gold.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Platform of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DISCLAIMER OF WARRANTY
LIMITATION OF LIABILITY
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GO4, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SPONSORS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE PLATFORM, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONALLY IDENTIFIABLE INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE PLATFORM OR SUBMITTED BY YOU TO THE PLATFORM; (B) YOUR INABILITY TO USE THE PLATFORM; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; (D) THE SPONSOR OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A SPONSOR; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY PERSONALLY IDENTIFIABLE INFORMATION. IN NO EVENT WILL GO4’S LIABILITY IN CONNECTION WITH A SPONSOR OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A SPONSOR OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY GO4 THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.
Electronic Communications
Websites of Others
Indemnification/Release
You agree to defend, indemnify, and hold harmless GO4, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Platform, or any use of the Platform in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.
You are solely responsible for your interactions with Sponsors and other users of the Platform. To the extent permitted under applicable laws, you hereby release GO4 from any and all claims or liability related to any product or service of a Sponsor, regardless of whether such product or service is a Sponsor Offering available through the Platform, any action or inaction by a Sponsor, including, without limitation, but not limited to any harm caused to you by action or inaction of a Sponsor, a Sponsor’s failure to comply with applicable law and/or failure to abide by the terms of a Sponsor Offering or any other product or service purchased or obtained by you from the Sponsor, and any conduct, speech or User Content, whether online or offline, of any other third-party.
Force Majeure
Assignment
Entire Agreement
Choice of Law
Dispute Resolution/Confidential Mediation/Arbitration Agreement.
Except as specifically stated herein, any dispute or claim between you and GO4 and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “GO4 Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Platform or your use of the Platform, your personally identifiable information, or any Products or Sponsor Offerings (“Dispute(s)”) shall be resolved exclusively by:
- First, upon written notice furnished by one party to the other party (in the case of a GO4 Entity, to Legal@playgo4gold.com), the parties shall first try in good faith to settle the dispute by confidential mediation administered by a mediator selected by GO4. The Parties shall bear the mediator’s costs in equal portions.
- Second, if the parties cannot settle the dispute in the confidential mediation, then final, binding arbitration. By virtue of this Dispute Agreement (defined below), you and GO4 are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth herein). These provisions shall constitute your and GO4’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”), conducted before a single arbitrator, and except as otherwise set forth herein, pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer Platform. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.
To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at ADR Consumer Platform, and simultaneously sending a copy of the completed form to Legal@playgo4gold.com.
Each party shall bear fifty percent (50%) of all filing, administration, and arbitrator fees. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that you may have entered into in connection with the Platform; (2) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable GO4 Entity(ies) shall agree to, or a court shall select, another arbitration provider.
No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you and GO4 agree that any Dispute may only be instituted in a state or federal court in Orange County, Florida; (ii) you and GO4 irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and GO4 agree to waive any right to a trial by jury. You and GO4 agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Florida without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Platform, and/or any illegal or intentional act against your interests or the general business interests of GO4.
Severability. If any part of this Dispute Resolution provision is ruled to be unenforceable, then the balance of this Dispute Resolution provision shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Additional Disclosures.
No waiver by either you or GO4 of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.
You are contracting with GO4 Gold, Inc. Correspondence should be directed to:
Replay Esports Inc., 12219 Pescara Lane, Orlando, FL 32827; GO4 Customer Support
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to, and are for the benefit of, GO4, its subsidiaries, affiliates, Sponsors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
Privacy Policy
Your privacy is very important to Replay Esports Inc., a Wyoming corporation (“us”, “we”, “our”), and as such, we have implemented this Privacy Policy, which outlines the policies we use to protect your Personal Information (as defined herein). We are committed to protecting your Personal Information and your right to privacy.
This Privacy Policy governs how your Personal Information is collected and used in the course of conducting our promotions and other promotional activities on behalf of third parties that sponsor our promotional activities (each, a “Sponsor”). As used herein, “Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including, but not limited to, his or her name, screen name, user name, signature, social security number, physical characteristics or description, photographs, videos, or audio files, address, telephone number, geolocation information sufficient to identify street name and name of a city or town, online contact information, passport number, driver’s license or state identification card number, persistent identifier that can be used to recognize a user over time and across different websites or online services, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. However, “Personal Information” does not include (a) publicly available information that has been lawfully made available to the general public, or (b) any information to which you have granted publicity rights to us or Sponsor.
This Privacy Policy applies to users of our website (PlayGo4Gold.com), all of our mobile applications (such as the GO4 App), and any other services we may provide (referred to collectively as our “Sites”).
We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through this Privacy Policy carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please immediately discontinue use of our Sites and our services.
Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your Personal Information with us.
1.WHAT INFORMATION DO WE COLLECT?
We collect Personal Information that you voluntarily provide to us when expressing an interest in using or obtaining information about us or our products and services, including without limitation when you register to participate in a GO4 promotion (a “Promotion”), establish a GO4 Gold™ account, win a prize due to your participation in the Promotion, purchase any product or service through the use of GO4 Gold mobile app (“GO4 App”), participate in activities on the Sites, place content on message boards on the GO4 App (if applicable), or otherwise contacting us.
The Personal Information that we collect depends on the context of your interactions with us and the Sites, the choices you make, and the products and features you use. The Personal Information we collect can include, without limitation, the following:
Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
Communication Data. We collect data regarding calls, texts, messages, or other communications, including the date and time of the communications and the content of the communications.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly should you have any questions.
Surveys. We may ask you to take surveys about your use of the Sites and we greatly value the opinions of our users. We will collect, maintain, and may share the information you provide in any such surveys, and will strive to use that information to continue to improve your experience.
Photographs. We collect photographs that you may upload to any of our Sites.
All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.
Information Automatically Collected.
When you use our services or visit our Sites, we also automatically collect certain information about how and when you visit, use, or navigate the Sites. This information generally does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Information Collected from Other Sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).
Other Information You Voluntarily Disclose.
Everything that you post in our public forums will generally be available to, and freely accessible by, other users of our public forums as well as the general public. Therefore, you should not expect that any information you post on such forums will be kept private or confidential. You are encouraged to exercise discretion when using the public forums. Additionally, your username, which you can change, will always be included in conjunction with your postings in the public forums. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through the forums. All information or materials uploaded by you while utilizing the services is subject to our Terms of Service.
2. HOW DO WE USE YOUR INFORMATION?
Subject to the provisions herein regarding the privacy rights of minors, we will use Personal Information: (1) to administer Promotions and other promotional activities from time to time, including providing award notifications and award deliveries, (2) to make reports and submissions to governmental agencies and branches, as required or permitted by law, (3) to compile market and statistical reports based on aggregated information (but such reports do not contain Personal Information and do not disclose your Personal Information), (4) to allow us to better respond to the your needs and preferences, (5) to invite you to participate in our surveys, sweepstakes, contests, competitions and other promotions, (6) for data analysis, audits, developing new products and services, identifying usage trends and determining the effectiveness of our promotional campaigns, (7) to enable us to pay royalties to third-party content providers, (8) to process transactions, including (not limited to) redemption of discount coupons, fulfillment of awards, and shipping of products, and (9) to enforce our terms, conditions and policies for business purposes and/or for legal reasons.
We may send email announcements, SMS text, or app messages of upcoming Promotions and information about products, features, and events that we believe you may be interested in.
We may use and store information about your location if you give us permission to do so. We use this data to provide features of our services, and to improve and customize our services. You can enable or disable location services when you use our services at any time by way of your device settings. If you disable your location, you will be ineligible to play in certain prize promotions.
Sometimes, at our discretion, we may include or offer links to third-party websites. These third-party sites have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content or activities of these linked sites.
By participating in a Promotion, you consent to our sending to you such announcements via email and to our sharing and use of information that we collect, as disclosed in this Privacy Policy. You can opt out and revoke your consent at any time by giving notice in accordance with instructions set out in the email announcements, or by writing to the address set out below. However, please be aware that, if you revoke such consent, you may be ineligible to participate in certain Promotions.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
We may share your Personal Information with Sponsors and trusted third parties who assist us in operating our Sites, conducting our business, conducting the Promotion, preparing market and statistical reports, and conducting other promotions or providing services to you.
As is common practice among companies that operate online, we allow certain third-party advertising networks, social media companies and other third-party businesses to collect and disclose your Personal Information (including internet / network information, commercial information, and inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our Sites, use our apps or otherwise engage with us. These third parties use your Personal Information for purposes of analyzing and optimizing our services and advertisements on our Sites, on other websites or mobile apps, or on other devices you may use, or to personalize content and perform other advertising-related services such as reporting, attribution, analytics and market research. These third-party businesses may use such information for their own purposes in accordance with their own privacy statements, and may sell the information to third parties, including other advertising networks, for advertising and other purposes.
We may disclose your Personal Information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include, if applicable, our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
4 DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
When you access our Sites from your personal computer or mobile device, we may install on your device a small text file that enables us to recognize your browser through your GO4 Gold™ account screen name. Most websites typically use the following: “session cookies” that are temporary and are deleted when you close your browser; as well as “persistent cookies” that remain until you delete them or they expire. We install a session cookie that expires when you log off your session; or, if you don’t log off, then two weeks after installed. We do not install persistent cookies. Many browsers allow the user to block the installation of cookies. If you block cookies, you may not be able to make full use of our Sites.
We are not responsible for cookies installed by any third-party website, even if the third-party website is accessed by a link through one of our Sites, is necessary to utilize a discount coupon, or otherwise claim an award. Rather, inclusion in our Sites of any link to a third-party website does not imply our endorsement of the third-party website or its content or the third party. You should review the third-party website’s privacy policies.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
To safeguard the confidentiality of your Personal Information, we implement password protection and a variety of security measures when you enter, submit or access your Personal Information. We use a server to protect your Personal Information and to prevent unauthorized access and disclosure. All supplied credit card, debit card, PayPal, electronic funds transfer information is transmitted via Secure Socket Layer technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems.
Although we work very hard to protect your Personal Information and privacy, we do not promise, nor should you expect, that your Personal Information or private communications will always remain private. We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Personal Information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.
6. WHERE DO WE STORE YOUR INFORMATION?
After a transaction, your private payment information may not be stored on our servers. We will retain Personal Information, including information from closed accounts, to comply with law, prevent fraud, collect any money owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Official Rules, prepare marketing and demographic studies and statistical reports, and to take any necessary or appropriate actions permitted by law. Please be aware that it is technologically impossible or impracticable to remove from our servers every record or information that you provide to us. The need for backup means that a copy of your Personal Information may exist in non-erasable form.
If you request the removal of your Personal Information from our database, we will take all reasonable steps to comply with your request. If you request such removal or have questions or comments about this Privacy Policy or our collection, safeguarding and use of Personal Information, you may present the inquiry by writing in the form of signed hard copy to: Replay eSports Inc., 12219 Pescara Lane, Orlando, FL 32827. This policy applies only to information collected by us in connection with your participation in a Promotion, including award claims.
7. DO WE COLLECT INFORMATION FROM MINORS?
We have implemented policies and procedures to comply with the Children’s Online Privacy Protection Act (“COPPA”) and related applicable laws. In accordance with such policies and procedures, we:
- Have posted this Privacy Policy on our Sites to describe our information practices for personal information collected online from children;
- Provide direct notice to parents and obtain verifiable (i.e., through the use of a method reasonably designed in light of available technology) parental consent, with limited exceptions, before collecting personal information online from children;
- Give parents the choice of consenting to our collection and internal use of a child’s information;
- Do not disclose a minor’s personal information to third parties unless disclosure is integral to the site or service, in which case, we make the same clear to parents;
- Provide parents access to their child’s personal information to review and/or have the information deleted;
- Give parents the opportunity to prevent further use or online collection of a child’s personal information;
- Maintain the confidentiality, security, and integrity of information we collect from children, including by taking reasonable steps to release such information only to parties capable of maintaining its confidentiality and security;
- Retain personal information collected online from a child for only as long as is necessary to fulfill the purpose for which it was collected and delete the information using reasonable measures to protect against its unauthorized access or use; and
- Not condition a child’s participation in an online activity on the child providing more information than is reasonably necessary to participate in that activity.
We do not knowingly solicit or collect data from persons under thirteen (13) years of age without parental consent. By using the Sites, you represent that you are either: (a) at least thirteen (13) years of age, or (b) the parent or guardian of such a minor and consent to such minor’s use of the Sites. Anything to the contrary notwithstanding, persons under thirteen (13) years of age must never supply their names or other identifying information without their parent’s or guardian’s written permission.
If, for any reason, any person is concerned about a child’s personal identifying information having been supplied, such person should immediately contact us by writing to the address set out herein and specifying the place of participation. In response to the inquiry, we will review and remove the child’s information as appropriate. In any event, we do not knowingly record or disclose Personal Information about persons under thirteen (13) years of age except as expressly set forth in the foregoing.
8. WHAT ARE YOUR PRIVACY RIGHTS?
We value your use of our services but we understand if you decide that you no longer want to provide us with your Personal Information. If this ever becomes the case, you may contact our offices at the addresses listed below to terminate your account at any time. All data provided to us will be maintained and disposed as described in this Privacy Policy and we will delete it as soon as we have no ongoing business purpose or legal reason to process your Personal Information. Should you choose, you may terminate your account with us at any time.
9. CALIFORNIA PRIVACY POLICY
These additional California Privacy Disclosures (the “CA Disclosures”) supplement the information contained in our Privacy Policy and apply solely to individual residents of the State of California.
These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process Personal Information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA.
For purposes of these CA Disclosures, “Personal Information” has the meaning provided by the CCPA and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope. This section does not apply to information relating to our employees, contractors, and other personnel.
As a California resident, you may be able to exercise the following rights (subject to certain limitations at law):
- The Right to Know any or all of the following information relating to your Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity:
- The specific pieces of Personal Information we have collected about you;
- The categories of Personal Information we have collected about you;
- The categories of sources of the Personal Information;
- The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
- The categories of Personal Information we have sold and the categories of third parties to whom the information was sold; and
- If applicable, the business or commercial purposes for collecting or selling the Personal Information.
- The Right to Request Deletion of Personal Information we have collected from you, subject to certain exceptions (please note that we may be unable to provide you with access to our services if you choose to delete certain Personal Information, but we will always let you know if that is the case).
- The Right to Opt Out of Personal Information Sales to third parties now or in the future.
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
How to Exercise Your California Privacy Rights: You may submit a request to exercise your California Consumer Rights by emailing us at support@playgo4gold.com.
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional Personal Information from you.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
In certain circumstances, California residents are permitted to use an authorized agent to submit requests to know or delete Personal Information on their behalf through the designated methods set forth herein, where we can verify the authorized agent’s authority to act on their behalf by:
- Receiving a power of attorney valid under the laws of California from the consumer or their authorized agent; or
- Receiving sufficient evidence to show that the consumer has:
- provided the authorized agent signed permission to act on their behalf;
- verified the consumer’s own identity directly with us pursuant to the procedures set forth in these CA Disclosures; and
- directly confirmed with us that the consumer provided the authorized agent permission to submit the request on their behalf.
California’s “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of Personal Information to third parties for their direct marketing purposes. To opt-out of having your Personal Information disclosed to third parties for their direct marketing purposes, please contact us at support@playgo4gold.com and provide your contact information to be added to our suppression list.
10. DO EUROPEAN RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In conformity with the EU General Data Protection Regulation (“GDPR”) and U.S. and Swiss-U.S. and Swiss-U.S. Privacy Shield Frameworks, we have enacted the GDPR legal grounds into our general policies and further provide the following options to users in the EU, with respect to the handling of their personal information. EU users are permitted to request and obtain from us an explanation of the information we have collected and how we have utilized that information, as well as a copy of the information collected by us on the basis of a user’s consent (or in furtherance of any services requested by a user). Should a user believe any information received is inaccurate, the user has the right to request correction of the information and may e-mail us at support@playgo4gold.com for correction requests. Users may also request deletion of their accounts at any time by submitting an e-mail request to support@playgo4gold.com.
Additionally, if you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. Users may find the contact details of their respective data protection authority at the following website: https://edpb.europa.eu/about-edpb/about-edpb/members_en
Should any user wish to exercise the options described herein, users may also submit a request to our data protection officer via e-mail at support@playgo4gold.com.
11. DO WE MAKE UPDATES TO THIS POLICY?
Our Privacy Policy is subject to change, so you are encouraged to review the Privacy Policy from time to time. We reserve the right to alter, modify, update, add to, subtract from, or otherwise change this Privacy Policy at any time.
12. XII. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this Privacy Policy, you may email us at support@playgo4gold.com or by post to:
Replay eSports Inc.
12219 Pescara Lane
Orlando, FL 32827
OFFICIAL RULES
OFFICIAL RULES FOR ALL PROMOTIONS ON THE GO4 GOLD PLATFORM.
NO PURCHASE NECESSARY TO ENTER, OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING.
All Promotions are administered by the Administrator and fulfilled by the Partner, an affiliate of the Administrator, or other entity responsible for sponsoring, fulfilling, or administering the promotion. Anything to the contrary notwithstanding, the Promotions are in no way sponsored, endorsed, administered by, or associated with Apple or Google. Neither Apple nor Google is a sponsor or directly involved in any Promotion in any manner.
1. DEFINITIONS: The following definitions shall apply to the respective capitalized terms used herein. Other terms may also be defined within the provisions of these Official Rules.
“Administrator” or “GO4” means Replay Esports Inc., a Wyoming corporation.
“Awards” mean the Prizes, Instant Win, and Offers that Participants can win by participating in the Tournament.
“Game” means a form of play or contest, especially a competitive one played according to rules and decided by skill accomplished through an interactive video medium.
“GO4 Gold” is a loyalty points program. Participants can earn GO4 Gold points for playing in sponsored events, winning tournaments, and purchasing products from Partners. GO4 Gold is redeemable for gift cards, digital goods, and other products.
“Instant Win” means a product, service, or other item of value offered by a Partner as an instant reward.
“Partner” is a company, brand, merchant, or retailer that sponsors a Promotion, Game or Tournament on a GO4 platform.
“Leaderboard” means a display showing the rank and Game score that each Participant has achieved in a Game.
“Offer,”, “Coupon”, “Discount Coupon,” or “Instant Coupon” means a voucher entitling the holder to a discount for a particular product or service.
“Official Rules” means these official rules.
“Prize” or “Reward” means a product, service, or other item of value offered by a Partner to Participants who achieve the best score for playing a Game.
“Promotion” means the marketing process of engaging Participants in Games, Promotions, Tournaments and display advertising to raise Participants’ awareness of the Partner’s product or brand.
“Random Offers” means special offers by Partners to Participants for playing Games, Tournaments or Promotion.
“Tournament” a Game played by numerous Participants for a Prize. Tournament Rules and Awards may be unique to each Tournament.
2. PROMOTION ENTITIES: The Partner, the Administrator, their respective distributors, participating retailers, game developers, advertising, promotion and production agencies and fulfillment companies, the affiliated companies of any of them (such as parent and subsidiary companies) and their respective employees are sometimes referred to as the “Promotion Entities.”
3. PROMOTION PERIOD: The Administrator’s computer is the official Promotion calendar and clock. However, the time in which a Participant may engage in a Promotion (“Promotion Period”) will end earlier than the end date set out above upon award of all of the Rewards described in the rules of the applicable Promotion (“Promotion Rules”) or if earlier, when the Promotion is terminated by the Partner or the Administrator in accordance with these Official Rules.
4. ELIGIBILITY: The Promotion is open only to: (i) legal residents of the 50 United States and the District of Columbia, (ii) who are at least 13 years of age at time of Game Play, as defined below, and (iii) who have registered for a free GO4 Gold™ account using their own valid email account and mobile number (“Participants”). Employees of Partner, Administrator and each of their respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, distributors, their respective (as applicable) directors and officers or members and managers, and each of such persons’ immediate family members and persons living in their same household (whether legally related or not) are not eligible to participate in the Promotion or win an Award. Void in Puerto Rico, all United States Territories and Possessions and overseas military installations (located outside of the 50 states of the United States and the District of Columbia), and where prohibited or restricted by law. All federal, state and local laws apply.
By Participating, each eligible Participant and his or her parent or legal guardian if Participant is at or above the age of 13 (for the avoidance of doubt, persons under the age of 13 are not permitted to participate in any Game, Promotion, or Tournament), fully and unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Partner and Administrator. Decisions of the Partner and the Administrator are and at all times shall be final and binding in respect to all aspects of the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
When you participate in a Game, Tournament, or Promotion, you are not wagering, betting, or gambling. When you play the Game, Tournament, or Promotion, you are not considered to be wagering or betting anything, or to be placing bets or wagers, at any time or in any way. No money or purchase is required to play the Game or to enter any Promotion, Game, or Tournament.
5. HOW TO REGISTER AND PLAY IN A TOURNAMENT. During the Promotion Period, an individual may enter a Tournament by registering at a GO4 Gold™ kiosk or mobile app using his/her valid mobile number. There is no charge to create a GO4 Gold™ account or play a Promotion or event. The individual will be required to affirm being at least 13 years of age, and a legal resident of the 50 US States or DC. Individuals not yet 18 years of age must affirm that they have obtained permission from a parent or legal guardian. We encourage you to review our Privacy Policy to learn more about our practices in conformity with the Children’s Online Privacy Protection Act (“COPPA”). To participate in the Promotion, the individual will access an online Tournament at a GO4 Gold™ kiosk or GO4 Gold™ mobile app, and agree to be bound by these Official Rules. The individual will then be prompted to play the Game (“Game Play”). After a Participant completes the Game Play, s/he automatically will see the Game score and current place s/he has achieved (“Place Notification”) for that Tournament.
At the end of the Promotion Period, the Administrator will notify potential winners of Prizes they may have won, based on the Game scores the Participants have achieved. Prior to receiving any Prize, at the discretion of the Partner or the Administrator, the potential Prize winner must be confirmed and verified as to eligibility and compliance with these Official Rules as determined by Administrator in its sole discretion.
LIMIT: Generally, each Participant may play in the Tournament one (1) time per day, per screen name and per mobile number during the entire Promotion Period. Each Partner reserves the right to modify this rule for their own promotions.
If it is discovered or suspected, in Administrator’s sole discretion, that a Participant has registered or attempted to enter the Tournament fraudulently, by using multiple e-mail addresses or mobile number, multiple GO4 Gold™ screen names, or multiple identities, or if a Participant plays or attempts to play more than the one (1) Game Play per day by any other fraudulent or deceptive means, in Administrator’s sole discretion, Participant may be disqualified, all of that Participant’s Game Plays may be declared null and void and any Awards s/he otherwise might have been entitled to receive will not be awarded to him/her. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification of any Participant attempting such use.
6. AWARDS OFFERED: On the kiosks and mobile app by which the Promotion is conducted, you can access Tournaments for free, one play per day non-cumulative. By non-cumulative, we mean that you can enter for a single free Tournament play every day during the Promotion Period; but if you miss a day, you can’t make it up by entering twice in one day later on.
Instructions regarding how to play the Game, such as identification of the player’s task, are set out in the Game itself and as such, supplement these Official Rules.
6A. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”) IN THE TOURNAMENT:
At the end of the Promotion Period, Prizes will be awarded on a score-ranking basis, upon verification by Administrator, to Participants who have attained the best Game scores. Please refer to the applicable Promotion Rules for the Game title used in this contest, the Prizes offered for each scoring rank, and the participating retailers or other retail facilities that will deliver Prizes to winners. In each case, proof of age and an affidavit of eligibility may be required at the discretion of any of the Partners, the Administrator or the participating retailer. In the event of a tie, the Participant whose Game score was recorded earliest during the Promotion Period, as determined by the Administrator in its sole discretion, will be considered to have the best score.
6B. DISCOUNT OFFER:
Every eligible Participant may randomly be awarded an Offer at the conclusion of a Game Play. When awarded, Offers will be sent electronically to the Participant’s GO4 Gold™ mobile app wallet and/or SMS text message. The Game played is a game of skill. The Offer awarded is not affected by your performance in the game of skill.
7. HOW TO CLAIM AWARDS:
For the Offers, the Participant must see Offer details for instruction on how to redeem. Some Offers are only redeemable on the GO4 app store and other offers may only be redeemable at the store of the participating retailer or as applicable to products and services that may be purchased online, by an online purchase via the participating retail web site, or as directed by the instructions on the Offer.
For a Prize awarded in the Tournament or skill Game competition under paragraph 6A, above, within fifteen (15) days after the end of the Promotion Period, potential prize winners who have furnished an email address upon establishing their GO4 Gold™ account will receive a potential winner notification via e-mail to the e-mail address associated with his/her GO4 Gold™ account or a notification in the GO4 Gold mobile app. The potential winner notification will include further instructions on how the potential Prize winner may claim his/her prize. If a potential Prize winner is found to be ineligible, is not in compliance with these Official Rules, does not respond to email notifications within thirty (30) days, declines to accept the Prize, or if the Prize is returned as undeliverable, the Prize may be forfeited, in Administrator’s sole discretion. Partner will attempt to fulfill Prizes at its cost within six (6) to eight (8) weeks from the end of the Promotion.
Potential prize winners may be required to execute, have notarized and return an affidavit of eligibility/liability & publicity release and IRS Form W-9 or IRS Form 1099-MISC for tax filing purposes sent with the e-mail or provided by the participating Partner. All potential winners of Awards valued at $600 or more will be required to execute and return the IRS form. In the event a potential Award winner is not eighteen (18) years of age, such Participant’s parent or legal guardian must execute IRS form. When applicable, the fully executed and notarized affidavit of eligibility must be returned to the Partner or its authorized designee within fifteen (15) business days from the date of such Participant’s electronic receipt of the same or (in Partner’s sole discretion) the above referenced Prize may be forfeited and Partner may elect, in its sole discretion, to award the Prize to an alternate. Unclaimed, unawarded, forfeited or undeliverable Awards may not be awarded.
8. GENERAL AWARDS RESTRICTIONS:
The Promotion Entities are not responsible for a winner’s privacy settings or spam filter settings which may divert any Promotion e-mail, including the potential winner notification or Reward notification e-mail to a spam or junk folder. The Promotion Entities are not responsible for Awards that are lost or misdirected by the postal service. Anything to the contrary notwithstanding, the right to receive an Award is non-assignable and non-transferable. No Award substitution, exchange or cash equivalent will be allowed; provided however that the Partner and the Administrator reserve the right to substitute an Award of equal or greater value in case of unavailability of an Award or force majeure. Each winner will be solely responsible for any and all federal, state and/or local taxes imposed on the acceptance of any Award. All other costs and expenses not expressly set forth in these Official Rules shall be solely the winner’s responsibility. Promotion Entities, shall not be held responsible for any delays in awarding an Award for any reason. Each Award will only be awarded to a verified Award winner.
In no event will more Awards be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, human or other errors, there are more potential prize winners than are stated in these Official Rules, a random drawing from among all verified Potential Prize winners may be held to determine the official Prize winners.
THE PROMOTION ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY AWARD OR ANY COMPONENTS OF THE AWARDS. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. A PLAYER MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, the Promotion Entities are not responsible for, and shall be indemnified by any winner against any claims,
injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of an Award. However, the foregoing is not intended to void or restrict any manufacturer’s warranty that may apply to awarded merchandise.
9. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION:
Participants assume all risk of loss, damage, loss or corruption of data, damage to computers and mobile devices, destruction, delay and misdirection of Award claim documents and are advised to obtain insurance where appropriate. Promotion Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage-due, or undeliverable, e-mail, SMS text, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion. Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any kiosk device, web site(s) or Website. Promotion Entities are not responsible for any injury or damage, whether personal or property, to Participants or to any person’s computer, mobile phone, tablet or any other device related to or resulting from participating in this Promotion, or from the use of any GO4 Gold™ kiosk or device. If, for any reason, the Promotion is not capable of running as planned, the Administrator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of Award winners, in a manner it deems fair and reasonable
Tournament plays that are forged or are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), shall be disqualified and void. The Promotion Entities shall not be responsible or liable for Tournament entries that are destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules. Such Tournament entries will be disqualified. By entering the Promotion, each Participant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Partner and Administrator, which Decisions shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all rights to bring any claim, action, or proceeding against any of the Promotion Entities in connection with the Promotion; and (iv) to forever and irrevocably to release, defend, indemnify, and hold harmless each of the Promotion Entities, and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind, even if the Released Parties have been advised of the possibility of such loss or damages, costs and expenses, including, without limitation, attorneys’ fees, that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Participant’s Game Play, participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Promotion materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse,
inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Award, Prize, Reward, Offer, Coupon, Discount Coupon, or Instant Coupon (or any component of the Award), (e) any change in the prizing (or any components) due to unavailability, business or creative considerations, or due to reasons beyond any Promotion Entity’s control, including but not limited to by reason of any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, pandemic, epidemic, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Promotion Entities’ control, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Promotion (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the GO4 Gold™ kiosk systems, website or any other website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail or private courier service utilized by any of the Promotion Entities or by a Participant, (j) interruption or inability to access the Promotion, GO4 Gold™ kiosk, any other Promotion-related website, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to a Participant’s computer mobile device or other devices or data or contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Game Plays, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Promotion Entities, or any of their agents or employees, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element of such prizing), (p) or the negligence or willful misconduct by any Participant. Any and all activities related to an Award are at the winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
10. DISPUTES:
DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA. THE FORUM AND VENUE FOR ANY DISPUTE SHALL SOLELY BE IN THE COUNTY OF ORANGE, FLORIDA. ALL CONTROVERSIES ARISING OUT OF THE PROMOTION, ANY PERSON’S PARTICIPATION OR THESE OFFICIAL RULES SHALL BE RESOLVED ONLY IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCEDURES CONTAINED IN OUR TERMS OF USE.-.
11. PRIVACY POLICY
YOUR PRIVACY RIGHTS. The Partner and Administrator respect every Participant’s right to privacy and the importance of protecting information collected about
them. The Partner has adopted a Site-wide nation-wide privacy policy regarding Participant personal information that is collected in the course of conducting the promotion and other promotional activities of the Partner. Likewise, the Administrator has adopted this Privacy Policy. We encourage to comprehensively review our Privacy Policy.T
The Administrator’s Privacy Policy is subject to change, so you are encouraged to review the Privacy Policy from time to time. The Administrator reserves the right to alter, modify, update, add to, subtract from or otherwise change this Privacy Policy at any time.
12. PUBLICITY RIGHTS
By participating in the Promotion and/or accepting an Award, Participants agree to allow Administrator and/or Administrator’s designee the perpetual right to use name (first name and last name), biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including but not limited to live and/or recorded television, worldwide, including but not limited to on the World Wide Web and Internet and including but not limited to any form of social media, including but not limited to Facebook, Twitter, Instagram and Snapchat, without notice, review or approval and without additional compensation, except where prohibited by law.
13. MISCELLANEOUS:
Any attempted form of participation in this Promotion other than as described herein is void. In the event of a dispute as to the identity of an Award winner, the Award will be made to the authorized account holder of the e-mail address associated with the GO4 Gold™ account screen name associated with such Tournament Award winner. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. A potential Prize winner may be required to show proof of being the Authorized Account Holder. Use of any automated system to participate is prohibited and will result in disqualification. Partner and Administrator reserve the right to disqualify any individual found, in their sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY KIOSK OR WEBSITE OR IMPAIR THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Promotion documents will not affect the validity or enforceability of any other provision. No Participant shall have the right to modify or amend these Official Rules. Paragraph headings in these Official Rules are provided for the reader’s convenience. A paragraph heading does not mean that the subject implied by the heading is not also addressed in other paragraphs. Partner’s and/or Administrator’s interpretation of these Rules is final and binding in all matters related to the Promotion. The Administrator’s and Partner’s failure to enforce any term of these Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Tournament entries and/or materials submitted become the property of Administrator and will not be returned. In the event of any conflict with any Promotion details contained in these Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Rules shall prevail.
Partner: _____________________________
Partner Address: __________________________________________
© 2014 Replay eSports, LLC. All rights reserved worldwide. GO4 Gold is a trade mark claimed by Replay eSports, LLC.
FOR OFFICIAL USE ONLY Client ID Agreement ID Promotion ID Agent |
TERMS OF SALE
These Terms of Sale apply to your purchase of certain products (“Products”) and offerings (“Offerings”) offered by Sponsors (as defined herein) through a platform offered by Replay Esports Inc., a Wyoming corporation (“GO4”, “us”, “we”, “our”). By purchasing any Offering, Product or participating in other available programs via the GO4 app or GO4 kiosk (the “GO4 Platform”), you agree to these Terms of Sale.
I. GENERAL
A. Descriptions of the Offerings and Products advertised on the GO4 Platform are provided by the third parties that sponsors our promotional activities (“Sponsor”) or other referenced third parties. GO4 does not investigate or vet Sponsors. Therefore, GO4 is not responsible for any claims associated with the description of the Offerings or Products. Pricing relating to certain Offerings, Products, and other available programs on the GO4 Platform may change at any time in GO4’s sole discretion without notice.
B. A Sponsor may advertise goods, services or experiences on the GO4 Platform, or with respect to Products, supply products to GO4 that require Sponsor to have an up-to-date regulatory authorization, license, or certification. However, GO4 does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Sponsor. Therefore, you should make whatever investigation you deem necessary or appropriate before purchasing any Offering or Product to determine whether: (i) Sponsor is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Sponsor is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
C. GO4 is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the GO4 Platform. The GO4 Platform is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the GO4 Platform.
D. GO4 may, in its sole discretion, verify a user’s identity prior to processing a purchase. GO4 may also refuse to process a purchase, may cancel a purchase, or may limit quantities, shipment, or food delivery to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for canceled orders may be issued where appropriate.
E. If an offer becomes unavailable between ordering and processing, GO4 will either cancel or not process the order and will notify you by email or app message.
F. GO4 does not guarantee that it offers the best available rates or prices and does not guarantee against pricing errors. GO4 reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the GO4 Platform. If this occurs, GO4 will attempt to notify you by email or SMS text. In addition, GO4 reserves the right, in its sole discretion, to correct any error in the stated retail price of the Offering or Product.
G. GO4’s standard refund policies are located in Section IV.
II. OFFERINGS
A. Vouchers.
- Vouchers distributed by GO4 (“Vouchers”) are redeemable for certain goods, services or experiences offered by, or facilitated through, the Sponsor identified on the Voucher. The Sponsor is solely responsible for fulfilling the redemption of the Voucher. Furthermore, the Sponsor is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You hereby irrevocably waive and release GO4 and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Sponsor in connection with your use of a Voucher or the goods, services or experiences a Sponsor provides in connection with the Voucher.
- By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase, as well as these Terms of Sale. These rules apply to all Vouchers that we make available, unless otherwise disclosed in connection with the purchase of a particular Voucher, and except as otherwise required by law. In the event of a conflict between these rules and the terms advertised in connection with and on the Voucher at the time of purchase, the terms advertised in connection with and on the Voucher at the time of purchase will control. Any attempt to redeem a Voucher in violation of these Terms of Sale shall render the Voucher void.
- The Sponsor is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Offerings and Products on the GO4 Platform may change at any time in GO4’s discretion, without notice.
- The Sponsor is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions.
- Certain additional terms apply to Traditional Vouchers. A “Traditional Voucher” is any Voucher other than a Coupon (as defined herein), ticket, a local pick-up Voucher (described below), or a Voucher redeemable for ticketed events, or a Voucher redeemable for goods and services that has been scheduled for a specific date and time. A Traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services, or experiences from a Sponsor, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Sponsor is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid will never expire. The promotional value of a Traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid for the Voucher cannot be increased, but are fully transferable.
- Additional terms for Tickets and Admission Vouchers.
a) Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. Electronic tickets, tickets shipped or emailed directly from a Sponsor, ticket Vouchers, and certain other Vouchers redeemable for tickets or admission to events (collectively, “Tickets and Admission Vouchers”) have no value once the event date and time has passed. Tickets and Admission Vouchers are final sale and non-refundable unless otherwise stated. Tickets and Admission Vouchers do not include any applicable gratuity. Tickets and Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Tickets and Admission Vouchers obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void.
b) Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Tickets and Admission Vouchers are issued, whether occurring before, during or after the event, and you hereby irrevocably waive any claims for personal injury or death against GO4, the venue, the issuer of the Tickets and Admission Vouchers, and all of their respective affiliates, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Tickets and Admission Vouchers. You agree that any event for which you purchase Tickets and Admission Vouchers is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
B. Getaways.
1. Getaways that you purchase through the GO4 Platform are subject to the terms below:
a) A “Getaway Deal” is a GO4-facilitated hotel or travel package at a named Sponsor available for purchase for a limited period of time. Unless otherwise specified, a Getaway Deal is non-transferrable. A Getaway Deal may not be sold, auctioned, or bartered. Cancellations to Getaway Deals may only be made through GO4 until the deadline specified in connection with the Getaway Deal. Cancellations to any Getaway Deal after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Sponsor and not GO4. GO4 does not facilitate and is not liable for any special requests, which may be accommodated directly with the Sponsor prior to check-in at the Sponsor’s discretion. GO4 strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Sponsor may require and violation of such additional rules and restrictions may result in additional charges and/or the cancellation of your Getaway Deal.
b) There are two types of Getaway Deals:
(1) A “Getaway Voucher” is a voucher for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Sponsor property. The promotional value of a Getaway Voucher will expire on the book by date specified on the face of the Getaway Voucher, unless prohibited by law. The promotional value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Sponsor, and all travel must be completed by the travel by date specified on the Getaway Voucher. The amount paid will never expire. After the promotional value has expired, the Sponsor is responsible for permitting you to redeem the Getaway Voucher for at least the amount paid towards the advertised experience of the Getaway Deal. Getaway Vouchers are not valid for existing reservations or for group bookings. Getaway Vouchers are not reloadable. Getaway Vouchers are fully transferable. Unless otherwise specified, Getaway Vouchers exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
(2) A “Getaway Booking” is a travel reservation for a specific check-in date, length of stay, and room type at a named Sponsor property. Getaway Bookings have no value once the check-in date has passed. Amounts displayed in the “Taxes and Fees” line include tax that GO4 collects as an agent on behalf of the Sponsor. Such taxes are transferred to the Sponsor for payment to the appropriate taxing authority. In addition, the “Taxes and Fees” line may include a fee we charge and retain in exchange for the services we provide in facilitating your transaction with the Sponsor. Our service fees vary based on the amount and type of Getaway Bookings. GO4 will apply tax to the service fee, where applicable. You may also incur other charges collected by GO4 at check-out which will be noted in the Getaway Deal terms such as, but not limited to, hotel resort fees, cleaning fees, parking fees, and/or pet fees. Unless otherwise specified, Getaway Bookings expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
c) A “Getaway Hotel Reservation” is a reservation for a specific check-in date, length of stay, and room type at a named Sponsor property. Getaway Hotel Reservations are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. Unless otherwise specified, Getaway Hotel Reservations include tax recovery charges and service fees and expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons. The tax recovery charge is assessed to recover the amount we pay to the Sponsor in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a service fee we charge in connection with handling your reservation. GO4 does not facilitate and is not liable for any special requests, which may be accommodated directly with the Sponsor prior to check-in at the Sponsor’s discretion. Cancellations to Getaway Hotel Reservations may only be made through GO4 until the deadline specified in connection with the Getaway Hotel Reservation. Cancellations to any Getaway Hotel Reservation after the cancellation deadline are at the discretion of the Sponsor and not GO4. GO4 strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Sponsor may require, and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Getaway Hotel Reservation.
C. Sponsor Products.
1. Through the GO4 Platform, certain Sponsors allow you to purchase various products directly from the Sponsor. Terms and conditions regarding shipping, delivery, and returns will vary by Sponsor and will be stated in the Sponsor’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Once you click the “Buy” button, GO4 will notify the Sponsor of your requested order. Your purchase is not complete until you receive an email from GO4 confirming whether or not the Sponsor has accepted your order. Sponsor is solely responsible for all Products purchased through the GO4 Platform.
D. Coupons.
1. Coupons offered by Sponsors (“Coupons”) to consumers may exist throughout the GO4 Platform, including, without limitation, a portion of the GO4 Platform dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Sponsor. By obtaining or purchasing a Coupon through the platform, you acquire the right to redeem the Coupon with the Sponsor. Any service fee retained by GO4 from the sale of a Coupon, if applicable, is compensation to GO4 for marketing, promoting, advertising, and distributing the Coupons on behalf of the Sponsor. As the issuer of the Coupon, the Sponsor shall be fully responsible for any and all Liabilities, caused in whole or in part by the Sponsor, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. GO4 does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. GO4 is not a party to any transaction that the Sponsor and you may enter into as a result of you purchasing any Coupon.
E. Sponsor Gift Cards.
1. Gift Cards offered by Sponsors (“Sponsor Gift Cards”) may be available to you subject to the terms and conditions specified by the Sponsor on the face of the Sponsor Gift Card. By obtaining or purchasing a Sponsor Gift Card through the GO4 Platform, you acquire the right to redeem the Sponsor Gift Card with the Sponsor. Any service fee retained by GO4 from the sale of a Sponsor Gift Card is compensation to GO4 for marketing, promoting, advertising, and distributing the Sponsor Gift Cards on behalf of the Sponsor. As the issuer of the Sponsor Gift Card, the Sponsor shall be fully responsible for any and all Liabilities, caused in whole or in part by the Sponsor, as well as for any Liabilities arising from any regulatory action. GO4 does not make any warranty in relation to the Sponsor Gift Cards, including, without limitation, their validity or value. GO4 is not a party to any transaction that the Sponsor and you may enter into as a result of you purchasing any Sponsor Gift Card.
F. Bookings.
1. Through the GO4 Platform, certain Sponsors may allow you to schedule use of your Voucher on a specific date and time (a “Booking”), and make any additional payments through the platform. Any additional charges that may be charged after the Booking, such as applicable gratuity, will be disclosed in connection with the Booking. Your Booking is not complete until you receive confirmation from us that the Booking is confirmed. Any scheduling restrictions, such as maximum group size or time and date availability, will be specified in connection with the Booking. The Sponsor is solely responsible for honoring any booking that is not booked through the GO4 Platform and associated discounts, as well as for any of Sponsor’s customer loyalty programs. A Booking may not be sold, auctioned, or bartered. Additionally, the Sponsor is solely responsible for the care and quality of all goods and services it provides to you. GO4 does not facilitate nor is it liable for any special requests that the Sponsor may accommodate at its discretion. It is within the Sponsor’s sole discretion to provide an alternative date and time after a missed Booking.
2. If you purchase a Voucher but do not make Booking, the terms applicable to the amount paid and promotional value for Traditional Vouchers apply. Restrictions regarding cancellation or rescheduling deadlines and availability of appointments may vary by Sponsor and will be no less than 24 hours before your scheduled Booking, unless stated otherwise in connection with the Booking. If you do not cancel or reschedule your Booking before such cancellation or rescheduling deadline, your Voucher will be redeemed after such deadline passes. GO4 will not provide a refund for any missed Booking if you do not cancel or reschedule before the deadline stated in connection with the Booking. The Sponsor is solely responsible for all availability and all goods and services provided on and/or through the GO4 Platform.
III. PRODUCTS
A. Products that you purchase through the GO4 Platform are subject to the terms below:
1.Orders.
a) When you purchase a Product, clicking the “Complete Order” button constitutes an offer to buy the Products. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.
b) If you wish to cancel your order before delivery or change the quantity of the Products purchased or the delivery address, please contact us within two (2) hours of your purchase. Once that window closes, we cannot make changes to your order, although you may be eligible to make returns as outlined in these Terms of Sale, the GO4 Return Policy, and the offer’s deal terms.
2. Shipping and Delivery.
a) Shipment and tracking options and applicable charges will be stated in the deal terms and will vary by offer. Shipment may be limited to specific geographic locations.
b) Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
c) We may have to cancel an order before your Products are delivered; if this happens, we will attempt to notify you at the email address that is registered with your account.
d) When Products are delivered to the delivery address provided at checkout, risk of loss and legal title to those Products will transfer to the recipient (i.e., the Products will become the recipient’s personal property).
e) It is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal, and international laws (including, without limitation, minimum age requirements) relating to the receipt, possession, use, and sale of any Product.
3. Returns.
a) Some Products may be returned to us, subject to the GO4 Return Policy, but certain Products are final sale and may not be returned unless defective, as set forth in the GO4 Return Policy and the offer’s deal terms.
b) For purchases that qualify for a refund, we will issue a refund within 14 days after processing of a properly returned shipment. If stated, applicable shipping charges and restocking fees may be deducted from your refund.
c) We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any Products you return: (i) are not eligible for return, in accordance with the GO4 Return Policy or the offer’s deal terms, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the Product directions or instructions.
4. Exchanges.
a) If the deal terms of an offer state that a Product is eligible for exchange, you can return it to us in exchange for a replacement. If a Product is not exchange eligible, you can still return the Product to us for a refund, subject to the GO4 Return Policy.
b) If you initiate an exchange, provided that the Product is eligible for exchange, we will ship you a replacement Product at the same shipping speed as your original order.
c) You must return the original Product to us within 30 days using the return shipping label provided by us. If the original Product is not returned to us within 30 days, you will be charged for both the original Product and replacement Product.
d) If the price of the replacement Product exceeds the price of the original Product, we will alert you and give you the opportunity to accept or reject an additional charge for the difference. If you decline to accept the additional charge, you can still return the original Product for a refund, subject to the GO4 Return Policy.
e) If the price of the replacement Product is less than the price of the original Product, we will alert you and credit the difference to your account.
5. Pricing, Products, and Accuracy.
a) Products shipped within the U.S. and Canada are subject to applicable taxes, customs, and duties depending on your country of residence and will be added at checkout.
b) Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be calculated and added at checkout.
c) Occasionally there may be an error or omission related to the pricing of advertised Products. We will use reasonable efforts to correct any pricing errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any pricing information related to Products for sale. If there was a pricing error or omission and you have already purchased a Product: (i) if the actual price of the Product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the Product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
d) Unless stated otherwise in the offer’s deal terms, all Products are sold AS IS.
e) While we work to ensure that the Product description and information on the GO4 Platform is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions that accompany the Products before use. If a Product is not as described, your sole remedy is to return it to GO4 in unused condition.
f) We have taken reasonable steps to display as accurately as possible the colors and other details of Products we sell. However, the colors and details you see on the GO4 Platform will depend on the equipment you use to view the GO4 Platform. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual Products.
g) Certain Products you purchase through the GO4 Platform may be subject to export control laws and regulations if shipped outside the United States. It is your responsibility to ensure that any export or re-export complies with all applicable restrictions and regulations, including, without limitation, the Export Administration Regulations (“EAR”) administered by the Department of Commerce, the International Traffic in Arms Regulations administered by the Department of State, and all sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). You further agree that no Products sold through this GO4 Platform will be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country subject to a comprehensive embargo administered by OFAC, and you agree that no Products sold through this GO4 Platform will be exported or re-exported to any person or entity on the Specially Designated Nationals List administered by OFAC, the Entity List or Denied Persons List of the EAR, or any similar list of prohibited parties administered by the United States government.
IV. Refund Policy
A. Local. Your Voucher may always be redeemed at the issuing Sponsor’s location for at least the amount you paid for it – even if the promotional value has expired. Additionally, any unredeemed Voucher may be returned to us within the first three (3) days of purchase for a refund of the amount paid. After that three (3) day time period, GO4 will not refund any Voucher and all sales shall be deemed final, unless otherwise stated in the applicable terms and conditions.
B. Getaways. If you purchase a Getaway Voucher and the Sponsor is unable to book the stay you want during the available dates before the book-by date, we’ll refund your purchase. If the book-by date passes and you haven’t yet booked your trip, the promotional value is no longer valid, but your Voucher is still worth what you paid for it. You may use the paid value as a credit with the Sponsor. For hotel reservations that you book directly through our site, the specific cancellation and refund policies for the hotel will be listed in the applicable terms and conditions for the deal.
C. Products. Unless the applicable terms and conditions state otherwise, you can return any item you purchased through the GO4 Platform within thirty (30) days of delivery. Original shipping charges are not refundable on items returned due to your preference or change of mind. After thirty (30) days of delivery, all items purchased are non-refundable and all sales are final. Returns must be shipped with a GO4-provided return label in order for your return and refund to be processed.
D. For more information, please read our FAQ or contact us.