Terms and Conditions

TERMS OF USE
Please read the following terms and conditions carefully before using this website. If you disagree with any of the terms and conditions, we ask that you do not use this website or access any of its pages for any purpose. Playwithswagger.com is owned by Swagger Gaming, Inc., a Delaware corporation (the "Company"). Your access to and use of the Company’s website/app is subject to the following terms and conditions of use and all applicable international, State, Federal and local laws. By accessing the website/app, you accept, without limitation or qualification, these Terms and Conditions. You agree that you will not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.

DEFINITIONS
For the purposes hereof:

• "Swagger", "we", "us" means the Company, trading as Swagger;
• "Contest" means a contest of any length or purpose, including but not limited to weekly, biweekly, monthly, or promotional, played on the Swagger system;
• "Game(s)" refers to live sports matches which relates to a Contest;
• "Player", “You” means you, the player of the Contest;
• “Entry” refers to a single submission with picks within a Contest;
• “Market” refers to the picks available for selection for a specific in-game event; for example, “Number of points Lebron James will score” would be a market, consisting of three (3) corresponding picks for selection;
• "Website" means the website situated at https://www.playwithswagger.com and
• “Affiliate” means any legal entity or organization that controls, is controlled by, or is under common direction, management, or control with the relevant party, including its subsidiaries.

CHANGES TO THE WEBSITE AND TO THE TERMS
In preparing this website/app, Swagger has tried to include accurate, complete, and current information; however, there are no guarantees or warranties (express or implied) about the website/app contents. The information contained here is provided “AS IS” and Swagger is not responsible for its use or misuse. Swagger may change or delete portions of this website/app from time to time without notice or obligation to the users. Information may be changed or updated without notice and may contain technical, substantive, or other inaccuracies. Swagger makes no commitment to, and specifically disclaims any duty to, update or correct any such information. Swagger shall not be liable for damages of any kind arising out of or in connection with the use of this website/app. Swagger may change the Terms from time to time, and your continued use of this website/app after any changes constitutes your acceptance of the new Terms.

COPYRIGHT
The text, images, graphics, and layout on this website/app are copyrighted and are protected by international copyright laws and treaties and are either owned or licensed by Swagger. Swagger grants to you a revocable license to view and print any material on this website/app for personal, non-commercial use provided that you do not modify or alter the material in any way, including by deleting or changing any copyright or trademark notice. This is a license grant and does not constitute any transfer of ownership. This license is non-transferable and may be terminated or revoked at any time in Swagger’s sole and absolute discretion. The contents of this website/app may not be copied or displayed for commercial purposes without our written consent. Swagger reserves the right to control the framing of this website/app. You are expressly prohibited from framing or otherwise displaying or incorporating any portion of this website/app into any other information system.

TRADEMARKS
The trademarks, trade names, service marks, and corporate logos and emblems displayed on this website/app, including names and logos identifying Swagger are owned by Swagger Gaming, Inc. No Swagger Trademark may be used without prior written permission from the owner of the Company. Other marks that appear on this website/app may be claimed as trademarks or service marks by their respective owners, who may not be affiliated with Swagger.

PRIVACY STATEMENT
Swagger’s Privacy Statement also applies to your use of this website/app and is incorporated herein by this reference.

CONFIDENTIALITY
Unless Swagger has entered into a separate agreement with you or your company to the contrary, and subject to various state and federal laws, Swagger is under no obligation to protect or otherwise treat as confidential any information you submit to Swagger via this website/app. By submitting any information to Swagger via this website/app, you agree that such information shall become the property of Swagger and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Swagger sees fit without notice or obligation to the originator. You agree that you are not entitled to any compensation, credit, or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Swagger, or its affiliates or subsidiaries relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract, or breach of confidentiality. Swagger, subject to various state laws, may collect and sell to third parties your non-identifying personal information.

LINKS TO THIRD PARTY WEBSITES
Swagger does not control and is therefore not responsible for the content of any non-Swagger website you may gain access to through this website/app. Links to non-Swagger websites are provided only as a convenience and do not imply that Swagger endorses, verifies, monitors, or accepts any responsibility for the content of any such website. Swagger makes no representations about, and is not responsible for, the contents or use of such other websites. You acknowledge and agree that Swagger shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any non-Swagger website.

DISCLAIMER & LIMITATION OF LIABILITY
Swagger uses reasonable efforts to maintain this Website but is not responsible for the results of any defects, outages, interruptions, viruses or other harmful components that exist in this Website. You should not assume that this Website or its content is error-free or that it will be suitable for the particular purpose that You have in mind when using it.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SWAGGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SWAGGER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY SWAGGER TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER.

Swagger may, in its sole discretion and at any time, modify or discontinue this Website or limit, terminate or suspend a User's use of or access to this Website. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, then Swagger’s maximum liability for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or US$100.00, whichever is lower.

PASSWORDS
Users who have a Password allowing access to specific individual accounts shall not disclose, transmit, post, give away or otherwise share the Password with any non-authorized party or use the Password for any unauthorized purpose. User agrees to notify Swagger immediately of any unauthorized use of a Password, registration profile, or any other breach of an account's security.

MISCELLANEOUS

Force Majeure
Swagger shall not be liable for any delay in or impairment of performance resulting in whole or in part from externally caused interference, damage or disruption to network components, transmission or pipeline facilities (which includes network, electrical or other common systems); irreparable component, transmission or pipeline failure (the failure or interruption of pipeline facilities); acts of God; severe weather conditions; governmental decrees or controls; strikes, labor disputes, acts of war or civil unrest; acts of third parties, inability to ship product or obtain permits and licenses, supplies or raw materials or any other circumstances or causes beyond the reasonable commercial control of Swagger.

Complete Agreement
The Terms and Conditions are incorporated herein by reference and collectively constitute the entire agreement between you and Swagger regarding the subject matter hereof, subject to applicable law. The current Terms and Conditions also supersede any prior published versions.

Governing Law
Any dispute or claim arising out of or in connection with Swagger Terms of Play including their subject matter or formation shall be governed by and interpreted in accordance with the laws of Pennsylvania.

English Language Site
The English Language Website supersedes any other language Websites both to the extent that these Terms and Conditions, as well as gameplay content. In the event of any differences between the English version and any other language, the information as listed in the English version will govern.

ACCOUNT REGISTRATION
In order to participate in Swagger contests, users must register an account with Swagger. This consists of providing the following information: First and Last Name, Street Address, City, State, Zip code, Birthday, Email, and Phone Number. Additionally, users must create a password which will be used to login to their Swagger account. Users must create an Alias, which will be your public identity on the Swagger Leaderboard and in marketing materials, such as the Swagger newsletter, if applicable. By registering an account, users acknowledge that they are over 21 years of age.

USE OF ALIAS
Swagger owns the right to use your alias in marketing and promotional material, including but not limited to: leaderboards, newsletters, social media posts.

TERMS OF USE REAL MONEY CONTEST

GENERAL
The entering of Contests ("Contests") by you with Swagger for Internet account via this website/app is subject to your unconditional acceptance of the Terms of Use and these terms and conditions of Contest ("Terms of Contest"), which are set forth below, without modification, and is subject to all applicable laws, statutes, ordinances and regulations. By playing in Contests on or via this website/app, you thereby confirm your awareness that many countries, states, provinces and other localities have laws, codes and regulations ("Legislation") governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise, and further, You acknowledge that Swagger does not represent that this service offered by this website/app are compliant with Legislation applicable to you. You should contact applicable gaming regulators for additional information, which may affect your ability to utilize the Contest services offered on or provided by this website/app.

1. By opening an Account with Swagger, you certify that:

   1. You have read and agree to use the Account in accordance with the instructions and conditions, Terms of Contest, or as otherwise communicated to you from time to time by Swagger.
   2. You have read and agree to the terms and conditions set out in the Account Application.
   3. You hereby consent to the recording of all Account transactions including any calls made to our Swagger Business Office.
   4. You are familiar with all relevant local laws of the jurisdiction in which you reside. You have the legal right to place entries into Contests, and we have the right to accept your entries. You further agree that in the event you are traveling outside of the jurisdiction in which you reside, you will only participate in Contests from those jurisdictions where legal.
   5. You acknowledge that the Account is for your personal use only. Any participation by a person other than you is strictly prohibited and will give Swagger the rights to immediately terminate your Account. You are legally responsible for all Contest entries through your Account using your Account User ID and Password, whether by you or any other person with or without your knowledge or consent, until notification from You has been received by Swagger confirming either (i) that the confidentiality of your Account User ID or Password have been compromised or (ii) that you wish to close account. You bear full responsibility for maintaining the confidentiality of your Account.
   6. You are participating in Contests for personal, private use only, and you will not make any information, materials, or services available from this service available to any person who is not otherwise allowed to access them. This precludes the use of this information, materials, or services for commercial purposes, as well as the making of this information, materials, or services available to a minor in any way, shape or form.
   7. You acknowledge that Swagger has the right to offer to you and sell your information products and services as we feel from time to time are of value and interest to you.
   8. You acknowledge that Swagger reserves the right to report unusual or suspicious activity to the proper authorities.

CONTESTING SERVICES
In the event Swagger voids or cancels any particular Contest, Swagger shall promptly credit the applicable Account the amount of the Contest.

Swagger reserves the right, at its sole discretion, to terminate and close an Account for whatever reason and without explanation. In the event an Account is terminated and closed, Swagger shall return the balance of any funds in Your Account at the time of termination and closure, together with a closing Account statement. You are subject to the Game Rules located on www.playwithswagger.com

Swagger incurs operational and administrative costs to keep inactive accounts open. Your Account will be deemed to be inactive if there is no participation in Contest activity for 12 consecutive months (Inactive Account). Your Account can be reactivated at any time by participating in a Contest. Swagger reserves the right to deactivate Your Account if it’s deemed to be an Inactive Account, or in the event that an Inactive Account has funds on deposit, to assess a monthly maintenance service charge of US$5.00 or five percent (5%) of the original Inactive Account balance, whichever is greater. If the balance in an Inactive Account is US$5.00 or less, the remaining balance will be assessed and the charge will not exceed the available balance in Your Account.

ACCEPTANCE OF INTERNET CONTEST
You acknowledge that Swagger shall not be deemed to have accepted any Contest until it has issued to You an electronic response which will contain a valid transaction reference number and “Accepted" ("Notice of Confirmation"). Any communications between You and Swagger, prior to receipt of the Notice of Confirmation, are merely offers to Contest through our website/app, which offers are deemed accepted only after Swagger issues to You a Notice of Confirmation, which shall be conditioned upon Your acceptance of the Terms of Contesting and the Terms of Use as set forth herein and in the Notice of Confirmation. Contests may be canceled by You by contacting Swagger prior to the start of the contest and after a Notice of Confirmation has been issued by Swagger; however, Swagger reserves the right to limit the number and the amount of cancellations that You can perform. Swagger will be held harmless in the event that, due to any reason, a Contest fails to be canceled.

MOBILE CONTESTING
You are responsible for any telecommunication network costs associated with Your use of this website/app. Please contact your telecommunication network provider for further details.

DEPOSITS AND WITHDRAWALS
There is no charge for opening an account with Swagger; however, a minimum initial deposit of US$10 is required.

You will not be permitted, under any circumstances, to establish a negative balance or overdraft in your Account. A deposit of money to your Account can only be made by you.

PAYMENT TERMS
You may deposit funds into your Account in U.S. currency. You must withdraw funds from your Account in the same currency as the currency used for the deposit. You are responsible for the payment of all applicable sales, use, gaming or other taxes for products, services, or Contests entries. In offering Contests, Swagger complies with Internal Revenue Service (IRS) requirements, you agree to indemnify and hold harmless Swagger for any claims, demands, liens or judgments based on non-payment of underpayment of such U.S. taxes. You hereby grant to Swagger a priority lien and security interest in all of your right, title and interest in and to the proceeds of any Contest winnings to the extent required to satisfy any U.S. taxing authority claims or liens. You agree to file any financing statements or other appropriate documents with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any Contest to any third party without prior the written consent of Swagger.

CURRENCY CONVERSION
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, then the funds will be converted into U.S. dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Our Payment Processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control. For more information, please contact your financial institution directly.

REFUNDS
You agree that there is no refund on any purchased entry. Please ensure you have reviewed your entry carefully prior to submitting it to us. In the event that a contest is voided, you will be subject to the voided rules in the Game Rules section located on www.playwithswagger.com

INDEMNIFICATION
You agree to indemnify and hold harmless Swagger, its suppliers, distributors, subcontractors and its affiliates and related entities and their respective directors, officers, employees and agents, from and against all claims, losses, damages, liabilities and costs (included but not limited to reasonable attorneys' fees and court costs), arising out of or relating to Your breach of the Terms and Conditions or misuse of this website/app. The foregoing indemnification obligation shall survive termination of the Terms and Conditions, this website/app and your purchase of any product or service provided to you.