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Terms & Conditions

Updated on June 1st 2023
These Terms and Conditions form a binding legal agreement between You and Us and apply to your use of our Platform, Website or draws in any way, through any electronic device (web, mobile, tablet or any other device).
Please note that these Terms and Conditions include a provision waiving the right to pursue any class, group or representative claim and requiring You to pursue past, pending, and future disputes between You and Us through individual arbitration unless You opt out within the specified time frame.
You must read these Terms and Conditions carefully in their entirety before checking the box for acceptance. By checking the box for acceptance during the registration process, or by accessing the draws or the Platform, You confirm that you have read and agree to be bound by these Terms and Conditions, which include and are inseparably linked to our Privacy Policy and other promotion-specific or Draw-specific terms relevant to your Participation. If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules or terms you may not install or use the Platform.
1. DEFINITIONS
1.0. Collective Action means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, whether by arbitration or in court.
1.1. Content – means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the draws and Platform.
1.2. Customer Account – means an account held by a Registered Customer.
1.3. "Excluded Jurisdiction(s)" means:
1.3.0. Afghanistan, Algeria, Angola, Belarus, Burma, China, Central African Republic, Cuba, Democratic Republic of the Congo, Eritrea, Haiti, Holy See, Iran, Iraq, Kyrgystan, Lebanon, Libya, North Korea, Palestine State, Republic of Ireland, Rwanda, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Zimbabwe and the American states of Nevada (USA), Washington (USA), Georgia (USA), Minnesota (USA), Mississippi (USA), Montana (USA), South Dakota (USA) and any other countries, territories or jurisdictions in which it would be illegal to play draws or redeem Prizes.
1.4. Fraudulent Conduct– means any of the conduct described in clause 18.
1.5. Draw(s) – means any one or more LuckyBid draw(s) available on the Platform. We reserve the right to add and remove draws from the Platform at our sole discretion.
1.6. Inactive Account means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.
1.8. Participate means playing any draws or using our Platform in any manner whatsoever, including any of the conduct described in clause 2.
1.9. Payment Administration Agent means any related body corporate, affiliate, or third party we appoint to act as our agent, including but not limited to LuckyBid Limited
1.10. Platform means any URL or mobile application belonging to, or licensed to, LuckyBid Limited and branded as part of the “LuckyBid” family of draws, including the website located at https://www.luckybid.xyz/, and all subdomains, subpages and successor sites thereof, as well as all draws, features, tools and services available thereon.
1.11. Users or You, you, your or Your means any person who Participates, whether or not a Registered Customer.
1.12. Registered Customer means a Users who has successfully registered a Customer Account, whether that account is considered active or not.
1.13. Service means the availability and provision of the draws and the Website that enable you to Participate.
1.14. Terms and Conditions means these terms and conditions, as amended from time to time.
1.15. Third Party Websites means a third party website not controlled by us.
1.16. LuckyBid draws means any draw played.
1.17. LuckyBid Limited, We, we, Us, Our or our means LuckyBid Limited
1.18. Website means the website located at https://www.luckybid.xyz/, any other related sites operated by Us and all subdomains, subpages and successor sites thereof.
2. YOUR PARTICIPATION
2.0. Restrictions You hereby declare and warrant that:
2.0.0. You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the draws offered on the Platform;
2.0.1. You participate in the draws strictly in your personal capacity for recreational and entertainment purposes only;
2.0.2. You participate in the draws on your own behalf and not on the behalf of any other person;
2.0.3. all information that You provide to Us during the term of validity of these Terms and Conditions is true, complete and correct, and You will immediately notify Us of any change to such information;
2.0.4. money that You use to play LuckyBid draws is not tainted with any illegality and, in particular, does not originate from any illegal activity or source;
2.0.5. You will not play LuckyBid draws from a business or corporate account, but only from an account held in your name;
2.0.6. You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the draws and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the draws. We reserve the right to invalidate any participation in the event of such behaviour; and
2.1. It is a Users’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach of clause 2., including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to Participate, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
2.2. By accepting these Terms and Conditions You agree that your Participation is at your sole option, discretion, and risk. You will have no claims whatsoever against LuckyBid Limited or any of its partners, or respective directors, officers or employees in relation to any losses You incur.
3. LICENCE
3.0. Subject to your agreement and continuing compliance with these Terms and Conditions, LuckyBid Limited grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Platform, through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.
3.1. These Terms and Conditions do not grant You any right, title or interest in the Platform or Content.
3.2. You acknowledge and agree that your licence to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your licence to use the Platform (including the draws and Content) may be immediately terminated.
3.3. Where the Platform or any Draw is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any licence to, and must refrain from accessing, the Platform or relevant Draw.
5. DRAWS
4.0. Rules
4.0.0. Draws offered on the Platform may have their own rules which are available on the Platform. It is your responsibility to read the rules of a Draw before playing. You must familiarise yourself with the applicable terms of play and read the relevant rules before playing any Draw.
4.0.1. All crypto exchange transaction fees, charges or related costs that may be incurred as a result of, or in relation to, your balance funding are to be borne solely by you, including but not limited to any losses or additional costs arising from cryptocurrency exchange fluctuations.
4.0.2. You may participate in any Draw only if you have sufficient balance in your Customer Account for such Participation. We will not extend you any credit whatsoever.
4.0.3. From time to time, we may assign minimum or maximum purchases as specified and offered on the Platform.
4.0.4. Once a purchase has been made, the funds will be drawn from your MetaMask account as soon as practicable.
4.0.5. The swap of ETH into yoru LuckyBid balance is the purchase of a temporary licence granted to You by Us that allows you to Participate in LuckyBid draws only.
4.0.6. Funds that have been submitted for play and accepted cannot be changed, withdrawn, or cancelled and the balance will be drawn instantly.
4.0.7. Void Draws We reserve the right to declare Participation in a Draw void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error, fraud, or other action invalidating play.
4.0.8. Final Decision In the event of a discrepancy between the result showing on a user’s device and the LuckyBid Limited server software, the result showing on the LuckyBid Limited server software will be the official and governing result.
4.0.9. Competitions
Competitions offered on the platform may have their own entry requirements. It is your responsibility to read the entry requirements and cost prior to entering.
4.0.10. Competitions operate using a verified WEB3 compliant smart contracts.
4.0.10. Competitions are hosted within the smart contract and offer full visibility to the participants, as such, entries can only be made via a direct wallet transaction.
4.0.11. Entries to competitions will carry an ethereum blockchain ‘gas fee’. Gas fees are a standard when operating on the Ethereum blockchain.
4.0.12. amoe can be found
here
4.0.13. All NFT prizes for an active competition are held within the smart contract, not with LuckyBid, and are transferred to the winner once the competition is completed.
4.0.14. Competition entries once purchased will not be refunded.
4.0.15. We may implement limitations on the amount of entry packages or total entries a single account can buy.
4.0.16. A list of all participants can be found on the competition page and within the smart contract for each competition.
4.0.17. In the unlikely event of a cancellation, participants can claim their entry cost back from their profile page.
4.0.18. In the unlikely event of a competition cancellation, all unclaimed funds will be transferred to a LuckyBid wallet after 30 days.
4.0.19. Failed entries and funds lost as a result of adjusting the recommended gas estimations are not the responsibility of LuckyBid.
4.0.20. Competitions with max entries showing will remove entry buttons from the website when the max entry number has been reached. It is possible some further entries reach us after the competition closes by way of delayed receipts.
4.0.21. Any evidence of attempts to manipulate the mechanics of LuckyBid Competitions discovered may result in the removal from the Competition draw and a closure of your LuckyBid account. This includes but not limited to hotswapping an NFT to access 'Holders Only' draws.
4.0.22. Some competitions will display an entrants cap. This max cap is strictly an approximation. When this cap is reached, the UI closes and a call to draw the competition is sent via the blockchain and is subject to blockchain processing times. Any additional entries processed prior to the draw call completing may be included in the final draw.
4.0.23. If you suspect another user of suspicious activity send an email to [email protected]
4.0.24. LuckyBid reserves the right to ammend Competition end times.
4.0.25. Competition max entries are on an account basis.
4.0.26. Competitions may periodically include minimum entry requirements that if not reached will extend the draw time. Commonly referred to as Overtime, these Competitions will state in the description. More details can be found on the ARENA Discord.
4.0.27. Holders Only Competitions will allow 1 entry per allowed token ID. Once the token as been used for an entry, it cannot be used to entry again using a different wallet.
4.1. Mail-in Membership option (Mail-In Members)
4.1.0. Alternative means of accessing Membership Facilities - Offline, no purchase-necessary, method of entry: As an alternate means of accessing Member Facilities, you must:
4.1.0.0. register as a Basic Member, for free; and
4.1.0.1. send a Mail-In Registration to upgrade to access Membership Facilities as a Mail-In Member.
4.1.1. For each single free entry, you must be currently registered, and then complete the following steps:
4.1.1.0. Log into the Platform and locate the Mail-in Registration page which can be found
here
.
4.1.1.1. Make note of the 16 digit unique code presented on this page
4.1.1.2. send a 3-inch x 5-inch card on which you have legibly handwritten the following details: 16-digit unique access code, Username, First and Last Name, complete Mailing Address (e.g. Street, City, State, ZIP code), Email Address, Date of Birth, today's date, Competition ID, and wallet address associated with your account (each, a "Mail-In Registration").
4.1.1.3. Each Mail-In Registration must be placed in a single separate envelope, and mailed to: LuckyBid Inc, 539 W. Commerce St #2210, Dallas TX, 75208, USA .
4.1.1.4. Each Mail-In Registration must be received and processed by us within 14 days of the 16-digit code being generated.
4.1.2. Please note:
4.1.2.0. 16-digit codes are unique and can only be used by the registered Basic Member
4.1.2.1. A new 16-digit code is generated every 24 hours
4.1.2.2. Multiple Mail-In Registrations in a single envelope are not acceptable.
4.1.2.3. If multiple Mail-In Registrations are sent in a single envelope, only one Mail-In Registration will be processed.
4.1.2.4. No metered mail will be accepted.
4.1.2.5. No photocopies, reproductions or facsimiles of the 3-inch x 5-inch card are allowed.
4.1.2.6. You may not use, or provide a service to other Members, to provide the production of the 3-inch x 5-inch card.
4.1.3. Users can obtain one entry per competition by completing the mail in registration process. The entry will be added to the draw in the final hour before the competition completes.
4.1.4. We shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail. The odds of winning any Prize will be the same for Mail-In Members as for Paying Members. All Mail-In Members will be accorded equal opportunities to participate and win in Draws held on the Platform.
5. Swapping ETH into your LuckyBid balance
5.0. You can participate in any or LuckyBid’s draws if you have sufficient ETH in your LuckyBid balance. LuckyBid will not automatically give you any credit whatsoever for participation in any of its draws.
5.1. Swapping ETH into your LuckyBid ticket balance may be restricted in certain territories. If you do not see the option to swap, then you are within a territory in which they are not accepted.
5.2. To swap funds into your LuckyBid wallet, you transfer funds from crypto-wallets using the swap option within your LuckyBid wallet. Swaps can only be made with the wallet connected to your LuckyBid account.
5.3. Swaps into your LuckyBid balance are shown in your LuckyBid wallet instantly. LuckyBid does not take responsibility for any delays caused due to Ethereum network confirmation times or due to delays caused by any third party.
5.4. We reserve the right to use additional procedures and means to verify your swaps.
5.5. Note that gas fees are applied to a swap into your LuckyBid balance, as displayed by your crypto wallet on confirmation.
5.6. Your LuckyBid balance cannot be transferred from your LuckyBid wallet to the LuckyBid wallet of another user.
5.7. LuckyBid can refuse any swaps at its own discretion. Users that have their accounts blocked, or suspended shall refrain from swapping. In the event that a user attempts to swap when their LuckyBid account is closed or suspended, LuckyBid has the right to retain the funds.
5.8. All swaps carry a maximum limit of 3 ETH per 24 hours period.
6. Swapping ETH out of your LuckyBid balance
6.0. Swaps out of your LuckyBid balance will be made to the crypto wallet you have associated with your LuckyBid account.
6.1. LuckyBid reserves the right to carry out additional verification procedures for any outbound swap.
6.2. LuckyBid users who wish to recover funds held in closed or suspended accounts, must send an email to [email protected] with their request.
6.3. LuckyBid may suspend, or close a users LuckyBid account and withhold funds at any point.
6.4. You acknowledge that the balance in your LuckyBid wallet is used instantly when interacting with our instant draws and we do not provide return of goods, refunds.
6.5. Note that withdrawals include an additional 0.005 ETH fee to cover transactional gas.
6.6. Swaps out carry a maximum limit of 3 ETH per 24 hours period.
7. PROMOTIONS
7.0. All promotions, including contests and special offers are subject to these Terms and Conditions and tco additional terms that may be published at the time of the promotion.
7.1. In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
7.2. LuckyBid Limited reserves the right to withdraw or modify such promotions without prior notice to you.
7.3. If, in the reasonable opinion of LuckyBid Limited, we form the view that a Registered Customer is abusing any promotion, to derive any advantage or gain for themselves or other Registered Customers, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or prize as we see fit.
7.4. Without limiting clause 9.3., unless restricted by applicable law, you confirm that you grant LuckyBid Limited an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, and without further acknowledgement of you as the author, any Content you post or publish as part of a promotion, contest or competition.
8. FRAUDULENT CONDUCT
9.0. You may not, directly or indirectly:
9.0.0. Hack into any part of the Draws or Platform through password mining, phishing, or any other means;
9.0.1. Attempt to modify, reverse engineer, or reverse-assemble any part of the Draws or Platform;
9.0.2. Knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
9.0.3. Circumvent the structure, presentation or navigational function of any Draw so as to obtain information that is not publicly available on the Platform;
9.0.4. Engage in any form of cheating or collusion;
9.0.5. Use the Services and the systems of LuckyBid Limited to facilitate any type of illegal money transfer (including money laundering proceeds of crime); or
9.0.6. Participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organisations, agreements, or groups designed to share:
9.0.6.0. Special offers or packages emailed to a specific set of userss and redeemable by URL; or
9.0.6.1. Identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading LuckyBid Limited as to a Users’s identity.
9.1. You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering.
9.2. If LuckyBid Limited suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities or any conduct which violates these Terms and Conditions, your access to the Services will be deactivated immediately and your Customer Account may be suspended. If your Customer Account is deactivated or suspended under such circumstances, LuckyBid Limited is under no obligation to reverse any purchases you have made. In addition, LuckyBid Limited may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions. You will cooperate fully with any LuckyBid Limited investigation into such activity.
9.3. If you suspect any unlawful or fraudulent activity or prohibited transaction by another Users, please notify us immediately via the means of communication listed in the Customer Complaints procedure (described in clause 15.).
10. INTELLECTUAL PROPERTY
10.0. The computer software, the computer graphics, the Platform and the user interface that we make available to you is owned by, or licensed to, LuckyBid Limited or its associates and protected by copyright laws. You may only use the software for your own personal, recreational uses in accordance with all rules, terms and conditions we have established and in accordance with all applicable laws, rules and regulations.
10.1. You acknowledge that LuckyBid Limited is the proprietor or authorised licensee of all intellectual property in relation to any Content.
10.2. Your use of the Draws and Platform does not provide you with any intellectual property rights in the Content, Draws or Platform.
10.3. You grant Us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles you publish or upload to any website or social media page controlled and operated by LuckyBid Limited.
10.4. You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notice.
10.5. All trademarks and logos displayed in the Draws and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.
11. THIRD PARTY WEBSITES AND LINKS
11.0. You acknowledge and agree that LuckyBid Limited:
11.0.0. Is not responsible for Third Party Websites; and
11.0.1. Makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
11.1. You further acknowledge that some Third Party Websites may be fraudulent in nature, offering rewards which the operators of those websites are not authorised to provide, in an effort to induce you to reveal personal information (including passwords, account information and credit card details). You agree that LuckyBid Limited is not responsible for any actions you take at the request or direction of these, or any other Third Party Websites.
11.2. Third Party Websites are subject to the terms and conditions outlined by that third party.
11.3. Any links to Third Party Websites do not:
11.3.0. Indicate a relationship between LuckyBid Limited and the third party; or
11.3.1. Indicate any endorsement or sponsorship by LuckyBid Limited of the Third Party Website, or the goods or services it provides, unless specifically indicated by LuckyBid Limited.
11.4. Where a website controlled and operated by LuckyBid Limited contains links to various social networking sites, such as Facebook®, Instagram®, Discord® and Twitter®, you acknowledge and agree that:
11.4.0. Any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site;
11.4.1. You will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other userss; and
11.4.2. We are not responsible or liable for any comments or content that you or others post on social networking sites.
12. DISRUPTIONS AND CHANGE
12.0. No warranties The Platform is provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Platform (including the Draws and Content).
12.1. Malfunctions
12.1.0. LuckyBid Limited is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Draw play, nor attempts by you to Participate by methods, means or ways not intended by us.
12.1.1. LuckyBid Limited accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Platform or its content or any errors or omissions in content.
12.1.2. In the event of a Platform system malfunction all Draw play on that Platform is void.
12.1.3. In the event a Draw is started but fails to conclude because of a failure of the system, LuckyBid Limited will use commercially reasonable methods to reinstate the amount of funds played in the Draw to you by crediting it to your Customer Account. LuckyBid Limited reserves the right to alter Users balances and account details to correct such mistakes.
12.1.4. LuckyBid Limited reserves the right to remove any part of the Draws from the Platform at any time. Any part of the Draws that indicate incorrect behaviour affecting Draw data, balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Platform. Users balances and account details may be altered by LuckyBid Limited in such cases in order to correct any mistake.
12.1.5. LuckyBid Limited reserves the right to suspend, modify, remove or add Content to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Platform (including any Draw thereon) and you will have no claims against LuckyBid Limited in such regard.
12.2. Service Suspension We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but will not be obliged to, give you notice of such suspension. We will restore the Platform, as soon as is practicable in our sole discretion, after such temporary suspension.
12.3. Changes to Jurisdiction Regulation The Company monitors legal changes taking place across the world. In the event of any proposed legal change in any region, we reserve the right to immediately suspend all access to the Website for any user playing from where the proposed changes are occurring. In the event of such a change, all funds shall be void with no financial compensation offered.
13. VIRUSES Although we take all reasonable measures to ensure that the Platform is free from computer viruses we cannot and do not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
14. PRIVACY POLICY
14.0. LuckyBid Limited is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.
14.1. Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to account registration.
15.1. If you have given consent when registering to receive marketing communications from LuckyBid Limited in respect of its offerings by way of email, post, SMS and telephone notifications, you may unsubscribe from at any time by contacting Customer Support via email at [email protected], alternatively you may use the contact preferences facility available online.
16. USE OF LIVE CHAT SERVICES
16.0. We may provide you with a Live Chat service to talk to our Customer Support representatives or to talk to other Userss. This may include use of our Facebook® wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes.
16.1. Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only.
16.2. Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing, or abusing other Userss or LuckyBid Limited employees and representatives.
16.3. You will not use any Live Chat service to engage in any form of harassment or offensive behaviour, including but not limited to, threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene, hate speech, or offensive language.
16.4. You will not use any Live Chat service to infringe the privacy rights, property rights, or any other rights of any person.
16.5. You will not submit any kind of material or information on any Live Chat service that is fraudulent or otherwise unlawful or violates any law.
16.6. You will not use any Live Chat service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of other forums.
16.7. You will not use any Live Chat service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Platform or to other Users’s systems in any way.
16.8. We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure that it conforms to content guidelines that are monitored by us and subject to change from time to time.
16.9. If you breach any of the provisions relating to a Live Chat service, we may ban you from using that Live Chat service or all Live Chat services and/or suspend or deactivate your Customer Account.
16.10. We reserve the right to remove the Live Chat service from any Platform if abused.
16.11. We will not be liable if damage arises out of the Live Chat service.
16.12. You agree to indemnify us against any damage arising out of your illegal, unlawful or inappropriate conduct or arising out of violation of the provisions in this clause or any other rules on the Platform applying to the Live Chat service.
16.13. You will not collude in any way through the Live Chat service. Userss are encouraged to report any suspicious behaviour to Customer Support via email.
17. COMPLAINTS AND CUSTOMER SUPPORT
17.0. If you would like to contact our Customer Support department or have a complaint regarding our Platform (including any Draw), you may contact us via email at [email protected].
17.1. TO PROTECT YOUR PRIVACY, ALL EMAIL COMMUNICATIONS BETWEEN YOU AND LUCKYBID LIMITED SHOULD BE CARRIED OUT USING THE EMAIL ADDRESS THAT YOU HAVE REGISTERED AGAINST YOUR CUSTOMER ACCOUNT HELD WITH LUCKYBID LIMITED. FAILURE TO DO SO MAY RESULT IN OUR RESPONSE BEING DELAYED.
17.2. The following information must be included in any written communication with LuckyBid Limited (including a complaint):
15.2.0. your username;
17.2.1. your first and last name, as registered on your Customer Account;
17.2.2. a detailed explanation of the complaint/claim; and
17.2.3. Any specific dates and times associated with the complaint/claim (if applicable).
17.3. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner. The Customer Support department will investigate official complaints immediately. The Customer Support department will endeavour to respond to official complaints within 5 calendar days of lodgement.
17.4. In some circumstances, the Customer Support department will require up to 10 days to respond to a complaint. In this case, the users will be informed of the delay within 3 days of lodging the complaint.
18. INDEMNITY AND LIMITATION OF LIABILITY
18.0. Indemnity You hereby agree to indemnify and hold harmless us, our directors, officers, employees, shareholders, agents and affiliates, our ultimate parent and parent companies and any of our subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other, including attorney’s fees arising from any participation by you, including without limitation:
18.0.0. Accessing or using the platform;
18.0.1. Re-use of any content at, or obtained from, the platforms or any other source whatsoever;
18.0.2. Facilitating or making a payment into your customer account; d. Playing the draws through any delivery mechanism offered; and
18.0.3. Acceptance and use of any prize.
19.1. Limitation of Liability
19.1.0. To the maximum extent permitted by applicable law, under no circumstances whatever will we or our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including any lost profits and lost business opportunities, business interruption, lost revenue, income, goodwill, use of data or other intangible losses, in each case that result from or relate in any manner to your participation or any other act or omission by us.
19.1.1. To the fullest extent permitted by applicable law, under no circumstances will we, our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors or suppliers, be liable to you for more than the amount you have paid us in the thirty (30) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid us any amounts in the thirty (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with us is to stop using the platform and to close your Customer Account.
19.1.2. You recognize and agree that the warranty disclaimers in clauses 13. and 13.2., and the indemnities and limitations of liability in this clause 19., are material and bargained-for bases of these terms and that they have been taken into account and reflected in the decision by you to enter into these terms and conditions. Depending on where you reside and use the Platform, some of the limitations contained in this clause 19 may not be permissible. In such case, they will not apply to you, solely to the extent that they are prohibited.
19.2. Negligence and Wilful Misconduct Nothing in these Terms and Conditions will operate so as to exclude any liability of LuckyBid Limited for death or personal physical injury that is directly and proximately caused by LuckyBid Limited’s gross negligence or wilful misconduct.
19.3. Survival of Obligations Clause 19. survives the termination of these Terms and Conditions for any reason.
20. LUCKYBID LIMITED NOT A FINANCIAL INSTITUTION
20.0. Interest You will not receive any interest on your balance and you will not treat LuckyBid Limited as a financial institution.
20.1. No legal or tax advice LuckyBid Limited does not provide advice regarding tax and/or legal matters. Userss who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors. Userss are responsible for any and all tax liability from the use of the Website.
21. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE Please read this clause 21. carefully as it requires you to arbitrate certain disputes and claims on an individual basis and limits the manner in which you can seek relief from LuckyBid Limited. This clause 21. will be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions.
21.0. By agreeing to these Terms and Conditions, you agree that any and all past, present and future disputes, claims or causes of action between you and LuckyBid Limited which arise out of, or are related to, these Terms and Conditions, the formation of these Terms and Conditions, the validity or scope of these Terms and Conditions, including this clause 21., your Participation or other access to or use of the Platform, or any other dispute between You and LuckyBid Limited, and whether arising prior to or after your agreement to this clause 21. (Dispute Resolution and Agreement to Arbitrate) (collectively, “Disputes”), will be governed by the procedure set out below.
21.1. Complaint Resolution
21.1.0. We want to address any concerns you may have without needing a formal legal case.
21.1.1. Before filing a claim against LuckyBid Limited, you agree to try to resolve any complaint in accordance with clause 15.. If your complaint is not resolved after exhausting the internal complaints process outlined in clause 15., you may initiate Dispute resolution as set out in this clause 18.
21.1.2. LuckyBid Limited agrees that it will take all reasonable efforts to contact you and resolve any claim it may possess informally prior to taking any formal action.
21.2. Arbitration
21.2.0. We Both Agree to Arbitrate. By agreeing to these Terms and Conditions, both You and LuckyBid Limited agree to resolve any Disputes through final and binding arbitration.
21.2.1. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] with the subject line ARBITRATION OPT OUT within 30 days of first accepting these Terms and Conditions. Your email must include your first and last name and a statement that you decline this arbitration clause. By opting out of this clause, you will not be precluded from using the Platform, but neither You nor LuckyBid Limited will be able to invoke the mutual agreement to arbitrate to resolve Disputes. Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and, if you wish, to consult with counsel of your choice.
21.2.2. Arbitration Procedures and Fees You and LuckyBid Limited agree that:
21.2.2.0. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in effect at the time arbitration is sought (the AAA Rules). Those rules are available at www.adr.org;
21.2.2.1. Arbitration will proceed on an individual basis;
21.2.2.2. Arbitration will be handled by a sole arbitrator in accordance with the AAA Rules;
21.2.2.3. The AAA rules will govern payment of all arbitration fees; and
21.2.2.4. Except as otherwise may be required by the AAA Rules, the arbitration will be held in New York City, NY, USA or, at your election, conducted via telephone or other remote electronic means.
21.2.3. Arbitration to Proceed Individually
21.2.3.0. You and LuckyBid Limited agree that the arbitration of a Dispute will proceed on an individual basis and neither You nor LuckyBid Limited may bring a claim as a Collective Action.
21.2.3.1. Without limiting the generality of clause 21.2. and as an example only, a claim to resolve a Dispute against LuckyBid Limited will be deemed a Collective Arbitration if:
21.2.3.1.0. Two or more similar claims for arbitration are filed concurrently by or on behalf of one or more person; and
21.2.3.1.1. Counsel for the two or more persons is the same, or share fees, or coordinate in any way across the arbitrations.
21.2.3.1.2. For the purposes of clause 19.2., the term ‘concurrently’ means that both arbitrations are pending (filed but not resolved) at the same time.
21.2.4. Waiver of Class Action and Collective Arbitration To the maximum extent permitted by applicable law, whether the dispute is heard in arbitration or in court (i.e, in the event you have opted out of arbitration), neither You nor LuckyBid Limited will be entitled to consolidate, join or coordinate disputes with or involving other individuals or entities, or participate in any collective arbitration (as defined above) or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity. In connection with any dispute (as defined above), all such rights are expressly and unconditionally waived. Notwithstanding anything to the contrary in these Terms and Conditions, in the event all or any portion of clauses 19.2. or 20.8
.
are found to be invalid or less than fully enforceable, then the entirety of this clause 19. may be deemed void and as having no effect upon either your or our election.
22. REFERRALS
22.1. A referral qualifies if registered through the custom URL associated with your LuckyBid account and if the friend has participated in at least 1 Competition.
22.2. You will be rewarded with 2.5% of your referral’s entries (minus gas) on paid Competition entries only.
22.3. The minimum eligible withdrawal amount of ETH accumulated from the Refer a Friend program is 0.1 ETH.
22.4. Withdrawals can be requested on the withdrawals page (coming soon)
22.5. You only have 1 active Referral URL associated with your account.
22.6. It is not LuckyBid’s responsibility if the Referral URL was not used correctly.
22.7. LuckyBid will not retroactively assign referred status to any accounts.
22.8. Any referrals associated with your LuckyBid account via IP address or wallet transfer do not qualify for Referral status.
22.9. LuckyBid reserves the right to refuse Referral payouts if it is discovered that attempts have been made to circumvent the rules, this includes but is not limited to the purchase of ad space, or sponsorship using your unique referral URL.
22.10. LuckyBid reserves the right to change or withdraw the promotion at any time.
22.11. LuckyBid’s general terms and conditions apply.
23. OTHER
23.0. Entire Agreement These Terms and Conditions constitute the entire agreement between You and Us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to your Participation.
23.1. Amendments
23.1.0. LuckyBid Limited hereby reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time. Any amendments will be published on the Platform and such changes will be binding and effective immediately.
23.1.1. Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Draws. If you do not agree to the amended Terms and Conditions, you must stop using the Platform.
23.2. Tax You are solely responsible for any taxes applicable from your Participation.
23.3. Force Majeure LuckyBid Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that are caused by events outside of our reasonable control.
23.4. No agency Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.
23.5. Severability If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, LuckyBid Limited’s original intent.
23.6. Explanation of Terms and Conditions
23.6.0. We consider these Terms and Conditions to be open and fair. If you need any explanation regarding these Terms and Conditions or any other part of our Platform contact Customer Support via email at [email protected].
23.6.1. The Terms and Conditions prevail over any communication via email or chat.
23.6.2. All correspondence, telephone or video conferences, and live chats between You and Us may be recorded and retained and you consent to such recording and retention.
23.7. Assignment These Terms and Conditions are personal to You, and are not assignable, transferable or sub-licensable by You except with Our prior written consent. We reserve the right to assign, transfer or delegate any of Our rights and obligations hereunder to any third party without notice to You.
23.8. Business Transfers In the event of a change of control, merger, acquisition, or sale of assets of LuckyBid Limited, your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide You with notice via email or via Our Platform explaining your options with regard to the transfer of your Customer Account.
23.9. Language These Terms and Conditions may be published in several languages for information purposes and ease of access by userss but will all reflect the same principles. It is only the English version that is the legal basis of the relationship between You and Us and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version will prevail.
23.10. Applicable Law and Jurisdiction
23.9.0. These Terms and Conditions will be governed, and interpreted in accordance with, the Laws of Gibraltar, without regard for its choice or conflict of law principles.
23.10.1. You acknowledge that, unless stated otherwise, the Draws are operated from Gibraltar and your Participation takes place within the aforementioned territory. Any contractual relationship between You and Us will be deemed to have been entered into and performed by the parties in Gibraltar.
23.10.2. The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, that is not expressly subject to arbitration, will be submitted exclusively to the courts in Gibraltar, and You and We consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.
Copyright © 2023 LUCKYBID
Persons under the age of 18 are not permitted to create accounts and/or participate in the draws.