Effective as of June 12, 2022
By participating in a Ruffle, you acknowledge and agree to the Company’s using for promotional, advertising or other marketing purposes, in any media or means, whether online or offline (and without payment of any royalties or any other consideration to you) of your name, voice, any other personal details or information, the fact that you have participated in a Ruffle, your winning, the prize you have won, any feedback you provided to us and/or any other information provided by you to us in connection with your entrance and participation in the Ruffle.
The Company may change these Terms and/or the features including the starting and ending dates of a Ruffle, procedure, method or prizes offered for any Ruffle at any time at its sole discretion, provided that such changes shall be made known prior to the commencement of the applicable Ruffle. Any such changes may be also made during the period of any Ruffle if such changes are mandatory in view of any Laws or any decision or order from a governmental agency or similar entities.
You are responsible to review the Terms for any Ruffle in which you wish to participate frequently including immediately before you actually plan to join the Ruffle in order to make sure you are aware of and agree with the most updated version. In any event, your continued participation in a Ruffle shall constitute your acceptance of the modified Terms or other features of any Ruffle.
For any questions or inquiries with respect to any Ruffles or these Terms, please contact us at: Support@gmstry.com
In order to participate in a Ruffle, you must be above 18 years of age (unless your state sets a higher age of majority) and be eligible under any applicable laws and regulations (“Laws”) to participate in such Ruffle and any non-eligible offers, participations or other transactions or registrations are void where prohibited by applicable law. We reserve the right to refuse participation of specific persons or of persons located in a specific territory at our sole discretion. In addition, we may add to or change the conditions for participating in any or all Ruffles from time to time at our discretion and you shall not have any claims in this regard. In addition, “Related Persons” may not participate in any Ruffles. A “Related Person” is a person who is employed by or otherwise providing to the Company any services, hold any office or position with the Company, persons involved in any way in the creation or management of any Ruffles and/or any family members of any of the above; all whether directly or indirectly, through a controlled company or otherwise.
We may also prohibit the participating of any person in any Ruffle if we believe, at our sole discretion, that such person: (i) has breached any part of these Terms, as they shall be from time to time (including at any time in the past), or any applicable Laws; or (ii) has committed or attempted to commit fraud or other illegal or objectionable or dishonest actions, including without limitations, by the use of robotic or other automatic means, use of multiple accounts or emails, etc.
The Company may request that you provide us with evidence in order to prove your eligibility to participate in any Ruffle (or that you have not acted in a manner which is prohibited as per the above). Such a request may be made before, during or after a Ruffle and in the event that you are found not to be eligible to participate the specific Ruffle, to our sole and absolute discretion, we may deny or cancel your participation, including retroactively, and forfeit or claim back any prizes you might have won in such Ruffle, if applicable.
We may add description, Terms and conditions for any Ruffle in additions to these Terms by posting the same on our website, informing you directly or otherwise at our sole discretion.
Entering a Ruffle
During the period set by the Company for the applicable Ruffle, you may join the Ruffle in accordance with the instructions of the Company for such specific Ruffle.
We do not undertake to reply to your request to join a Ruffle and request to join from persons who are not eligible to participate in a Ruffle will not be answered.
In addition, in the event that any eligible request to join is not answered or processed by mistake, you hereby agree that you will not have any claims against the Company in that regard and that the Company shall not have any liability to compensate you for not being able to enter a Ruffle. The same is applicable to you not being able to enter into a Ruffle for any other reasons including software or internet failure, non-availability of our services, account problems or any other issues.
The number of tickets awarded for each Ruffle, the way for collecting such tickets (including for example the ratio between entry fees for cash tournaments and the number of tickets awarded to participants in such tournaments) and the period for collecting tickets may be determined by us in each case at our sole discretion.
Your request to enter any Ruffle must include all of the details we have requested for the applicable Ruffle (in any description on the website or any other place, in any forms you were asked to complete or otherwise). You right to participate may be revoked for example if you provided us with a non-valid email or if for any reason we have not been able to contact you.
Period; Winners; Prizes; Taxes; Indemnification
The Company shall decide the applicable starting day and ending day for each Ruffle (you may enter a Ruffle before or during the applicable period of any Ruffle unless otherwise decided by the Company at its sole discretion).
We will have sole discretion with respect to the manner of selecting the winner for each Ruffle and such manner will be included in the description of the specific Ruffle. All of our decisions in this respect will be final and binding, as well as any other decisions related to the management of the Ruffles, all subject to these Terms.
We will inform you of your winnings (if applicable) using your contact details as you provided to us (usually by email) and we shall have no liability in case we cannot reach you after making good faith efforts to do so. If we cannot contact you within the time set for a Ruffle, we may forfeit your winning and shall not be obligated to provide you with your prize.
We may share the outcome of any Ruffle including the name of the winners to our other players. You hereby provide us with your consent to do so.
Prizes may be virtual items with no “real world” value, that can only be used within the Company’s services, or prizes which have “real world” value (for example, gift certificates, etc.), and in that case the prizes’ value shall be specified in the description for the applicable Ruffle. In some instances, prizes may not be published before the Ruffle ends.
We shall have the right to replace any prize for one of equal, lesser or greater value in case we cannot for reasonable reason provide a winner with the original prize. You acknowledge and agree that the prizes are offered to you on an “as is” basis and without any representations and warranties from the Company, either expressed or implied. For example, we do not represent that any gift cards (if offered as prizes) will be honored by the businesses who issued them).
Any and all tax implications associated with your winning any Ruffles and/or receiving any prizes shall be your sole and exclusive liability and the Company shall have not responsibility in this respect.
In order to receive any prize, you may be required to complete a KYC (know your client) process at our sole discretion. Failing to complete such process may result in not receiving the prize.
You will indemnify and hold harmless the Company and its affiliates and their respective shareholders, directors, employees and other representatives, for an against any damage, cost or expenses, including without limitations, any reasonable legal fees, incurred by any of the above as a result of or in connection with: (i) any tax implications; (ii) your participation in a Ruffle including without limitation your winning, receipt or use of any prizes; or (iii) your breach of these Terms or any Laws.
Limitation of Liability
In addition to and without derogating from any limitation of liability and disclaimers included in our TOU, you acknowledge and agree that the Company shall not be responsible for any incorrect or inaccurate information, for any injury or damage to persons or property from your participation in a Ruffle or receipt or use or any prize, errors or delays in our services or any other issues caused by reasons outside of our reasonable control.
The Company shall not be liable in any event to any damages or losses, including indirect, incidental, consequential or punitive damages. Our services including any Ruffles are provided on an “as is” basis and without any representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties and in that case part of the above limitations or exclusions may not apply to you. In that event, the Company’s liability will be limited to the fullest extent permitted by applicable Laws.