Last Updated: December 06, 2023 INTRODUCTION

This Terms of Service Agreement (“Agreement”) is an agreement between You (“You” or “User”) and MajikBonus, and its affiliated entities (collectively “Agreement”, “We”, or “Us”). This Agreement governs your access to and use of the MajikBonus.com online Sweepstakes system, whether accessed via computer, mobile device, or application, or any other technology (the “Website”). The Company is not responsible for any surcharges You incur from your mobile device carrier or internet service provider as a result of the use of the Website. By using the Website, You agree to be bound by the terms and conditions contained in this Agreement. If You do not agree to the terms and conditions contained in this Agreement, You may not access or otherwise use the Website.

We may, in our sole discretion, modify this Agreement with or without notice to You. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Website after this Agreement has been modified, You are agreeing to such modifications. Therefore, You should review this Agreement prior to each use of the Website. In addition, when using particular Website or features or making purchases on the Website, You shall be subject to any posted guidelines or policies applicable to such Website, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

REGISTRATION; ELIGIBILITY

You are required to create an account on the Website in order to take advantage of certain features of the Website. In order to confirm the accuracy of all account registration details You provide to Us, We reserve the right to carry out verification checks on our own or through third-party service providers. When these checks are unable to verify that You are eighteen (18) years of age or over, or are unable to verify any other detail provided by You, We reserve the right to ask for additional proof. If We remain unable to confirm any detail provided by You within seventy two (72) hours (or such other period as We may from time to time specify) of your account being opened, then We will suspend your account until We receive satisfactory proof, as determined in our sole discretion.

You will create a password for your account on the Website. Your username will be your email address . You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that You exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Website, including actions resulting from unauthorized use of your account prior to You taking steps to prevent such occurrence by changing your password and notifying the Company.

Participation in the Website is open only to residents of those jurisdictions where participation is not prohibited by law, including by way of age. The Website are open to You only if You are the legal age of majority in the jurisdiction in which You reside. You cannot participate in the Website under any circumstances if You are not at least eighteen (18) years of age. The Agreement makes no representation that the Website are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Website residing outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that You will not access the Website from any territory where its contents are illegal, and that You, and not the Company, are responsible for compliance with applicable local laws.

REFUND POLICY

At MajikBonus, We appreciate your payments and understand that you may need to request a refund in certain circumstances. To be eligible for a refund, you must meet the following criteria:

1. Points received from the payments must not be used in our Sweepstakes.
2. You have not played the games after making the payment you are seeking to be refunded.
3. Request for refund must be made within 10 business days

There are always exceptions that may be granted, please use our Contact Us Form to see if you qualify. We reserve the right to deny, or delay, any refund if We feel that the request is fraudulent or invalid.

We strive to provide excellent customer service and look forward to continuing to provide you with a great experience. If you have any questions or concerns, please use our Contact Us Form.

DORMANT ACCOUNTS; ABANDONED ACCOUNTS

Your account will be deemed a “Dormant Account” in the event You fail to use your account for a single continuous period of three hundred sixty five (365) days or more. Use of your account may consist of:

1. playing one or more of the games on the Website ; or
2. purchasing products that are awarded additional free Points.

After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Agreement.

In the event that You return to the Website in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact our customer service team using our Contact Us Form for a review of your account.

TERMINATION; DISCONTINUATION OF Website

This Agreement is effective unless and until terminated by either You or the Agreement. You may terminate this Agreement and your Website account at any time, provided that You discontinue any further use of the Website. The Agreement also may terminate or suspend this Agreement and your account at any time and for any reason, without notice, and accordingly deny You access to the Website, including without limitation, if the Agreement determines in its sole discretion that You fail to comply with any term of this Agreement or that your use of the Website is harmful to the interests of another User or the Agreement. Upon any termination of the Agreement, all Points and Prizes that a User has acquired may, in Agreement’s sole discretion, be terminated and forfeited. You have no property rights in any Points and Prizes. Termination of this Agreement and your Website account, for any reason, will have no effect on any Points and Prizes.

The Agreement reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, You agree that the Agreement shall not be liable to You or to any third party for any modification, suspension or discontinuation of the Website.

All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive.

POINTS; RESPONSIBLE GAMING

When You perform certain activities through the Website (e.g., creating an account; logging in to the Website on a periodic basis; etc.), We may grant You Points for use in playing games to reveal sweepstakes prizes on the Website. The Website also allow You purchase products for additional Sweepstake Points with real money for use in playing games on the Website. Points can never be redeemed for real money, goods, or any other item of monetary value from Agreement or any other party. You understand that You have no right or title in Points other than the extent of your limited license.

Any purchase of products that result in additional Points is final and is not refundable, exchangeable, or transferable, except in Company’s sole discretion. You may not purchase, sell, or exchange Points outside the Website. Doing so is a violation of this Agreement and may result in termination of your account with the Website and/or legal action.

Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Points at its sole discretion. Awards and Availability of Points are subject to change without notice.

We want You to enjoy the Website in a responsible fashion and request that You follow these simple guidelines:

1. Please try to establish limits for playing games You are willing to make over any period of time before You start playing.
2. Use of the Website is not recommended if You are recovering from a dependency or are under the influence of alcohol or other substances.
3. Use of the Website is not recommended if it might interfere with your daily responsibilities.

COMMUNICATIONS OPT-IN

You expressly agree that as part of the Website You will receive communications by text message, push notification, and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by clicking the unsubscribe link contained in such emails or by emailing your request to opt out. You may stop receiving push notifications by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding “stop” to any promotional text received. You may not opt out of transactional emails.

Company is not responsible for any surcharges You incur from your cell phone or internet service provider as a result of the use of the Website.

PRIVACY POLICY

Use of the Website is subject to the terms of our Privacy Policy, which are hereby incorporated into and made part of this Agreement. By using the Website, You acknowledge that You have read and agree to be bound by the terms of our Privacy Policy. We reserve the right, and You authorize Us, to use information regarding your use of the Website, account registration, and any other personal information provided by You, in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

INTELLECTUAL PROPERTY

You acknowledge that all materials on the Website, including the Website’ design, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.

You will not obtain any ownership interest in the Materials or the Website through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective owners. Except as expressly authorized by this Agreement or on the Website, You may not use, copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of, reverse engineer, decompile, disassemble, decode, or otherwise attempt to access the source code of, any of the Materials in any form or by any means, without the prior written authorization of the Company.

The Company authorizes You to use the Materials only for personal, non-commercial use; provided that You keep intact all copyright and other proprietary notices contained in the original Materials. The trademarks, service marks, trade names, trade dress and logos contained or described on the Website are the sole property of the Company and/or its licensors, and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors.

USER CONTENT

Where applicable through the Website (e.g., on a message board, through refer-a-friend/share win features, via chat functionality, via email or other correspondence to Us, by creation of a “nickname” or username, etc.), You may be able to post your own content or information (“User Content”). You understand that all User Content, whether You have publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to Us, is your sole responsibility. If You have any User Content that You would like to keep confidential and/or do not want others to use (including, yet not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it or submit it for posting to public-facing portions of the Website. Under no circumstances will the Agreement be liable in any way for any User Content, including, yet not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website.

By posting any User Content through the Website, You hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that You own the User Content posted by You on or through the Website or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content You posted to or through the Website.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users, or the public.

You additionally authorize Us to promote the activities You engaged in through the Website through various marketing activities, including without limitation:

1. news articles posted online and visible to other users of the Website;
2. leader boards published on the Website;
3. email or text communications to other users of the Website;
4. press releases; and
5. other advertising across all media.

At all times We will use commercially reasonable efforts to ensure that your identity is kept confidential in such activities, unless We otherwise receive your permission. Exceptions include use of your First Name and Last Initial for promotional awards and leaderboards.

CODE OF CONDUCT

You agree that You will not use the Website to:

1. upload, post, email, text, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, yet not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
5. upload, post, email, text or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Agreements);
6. upload, post, email, text or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, text, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email, text or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
11. “stalk” or otherwise harass another User;
12. solicit, collect, or store personal information or data about other Users, or disclose another User’s personal information or data to any third party;
13. “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Website;
14. access the Website by any means except through the interface provided by the Company for access to the Website;
15. create or maintain any link from another website or application to any page or functionality on the Website;
16. run or display the Website or any information or material displayed on the Website in frames or through similar means on another website or application; and/or
17. cheat, collude, or engage in other fraudulent, illegal, or restricted activity in your play of Points games through the Website or in your use of any bonus awards or Promotion prizes.

The Company assumes no responsibility for monitoring the Website for inappropriate submissions or conduct, yet reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Website, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including, yet not limited to, User Content that violates this Agreement or is otherwise objectionable, as determined in the Company’s sole discretion. Pursuant to 47 U.S.C. Section 230 (d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering Website) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.

If You suspect any player is cheating, colluding, or engaging in any other fraudulent activity using the Website, it should be reported to Us immediately using our Contact Us Form identifying the player, or players’ usernames, or aliases involved and including a brief description of their suspect activities.

PROMOTIONS

As a result of a purchase, We may credit bonus awards (e.g. bounceback) to your account. We will not credit such bonus awards as a consequence of your activity when playing through the Website or as a result of any outcomes associated with playing such games.

Any sweepstakes, contests, surveys, prize games, or similar promotions (each a “Promotion”) made available through the Website may be governed by specific rules that are separate from and in addition to this Agreement, and all such additional rules are hereby incorporated into this Agreement. Detailed rules for current Promotions, including current Daily Free Points, are available in the Official Sweepstakes Rules. By participating in any Promotion, You will become subject to those rules in addition to this Agreement. The Company urges You to read the applicable rules, which may be linked from the particular Promotion, and to review our Privacy Policy, which in addition to this Agreement, governs any information You submit in connection with such activities. To the extent that the rules of a Promotion conflict with this Agreement the rules of the Promotion will prevail. You may not participate in any Promotion awarding a prize if You or a member of your household, are or have ever been, an employee of the Company. For the purposes of this clause an “employee” includes third-party contractors of Company such as licensors, software suppliers, developers, or partners, and all people in any way affiliated with them. At any time and without notice, We reserve the right to terminate, or change the terms of, any Promotion, and We shall not incur any liability for such a change or termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, arising from or relating to:

1. your use of the Website;
2. any use of your account by You or any other person;
3. any User Content You submit to or transmit through the Website; or
4. your breach of this Agreement.

DISCLAIMER; LIMITATION OF LIABILITY

You EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGREEMENT AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND THE AGREEMENT’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE AGREEMENT AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING VIRTUAL GOODS AND SERVICES), WHETHER EXPRESS OR IMPLIED, INCLUDING, YET NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE AGREEMENT AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY

1. AS A PUBLISHER OF INFORMATION;
2. AS A RESELLER OF ANY PRODUCTS OR WEBSITE;
3. FOR ANY DEFECTIVE PRODUCTS OR WEBSITE;
4. FOR ANY INCORRECT OR INACCURATE INFORMATION,
5. FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA,
6. FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR
7. FOR ANY OTHER MATTER RELATING TO THE WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, WEBSITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE AGREEMENT AND You. THE PRODUCTS, THE INFORMATION AND WEBSITE OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE AGREEMENT AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY You FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY You FROM THE AGREEMENT ON THE WEBSITE. You ACKNOWLEDGE AND AGREE THAT IF You HAVE NOT PAID THE AGREEMENT ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH You FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE AGREEMENT IS TO STOP USING THE WEBSITE AND CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW; JURISDICTION; VENUE; DISPUTE RESOLUTION

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, as it is applied to Agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the Website, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Austin, Texas before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association.

Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (3) months after the claim arises. You agree that a proceeding commenced after this date is barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company, as defined herein, and each of these entities shall have the right to assert and enforce these provisions directly against You on its own behalf.

MISCELLANEOUS

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

This Agreement, including the Privacy Policy and other Promotion rules incorporated herein, constitutes the entire and only the Agreement between the Company and each User of the Website with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous Agreement, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

The failure of the Company to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit Company’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

If any provision of these Terms and Conditions shall be determined to be unlawful, void, or for any reason unenforceable, then the unlawful, void, and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.

CONTACT INFORMATION

If You have any comments or questions regarding this Agreement or the Website, or wish to report any violation of this Agreement, please contact Us using our Contact Us Form.

Last Updated: December 06, 2023 Overview

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions
Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MajikBonus.com website. For the purpose of the GDPR, the Company is the Data Controller.
• Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• Personal Data is any information that relates to an identified or identifiable individual.
  
  For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  
  For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to MajikBonus.com, accessible from https://MajikBonus.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  
  Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Collecting and Using Your Personal Data
Types of Data Collected
Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
  Type: Session Cookies
  Administered by: Us
  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
• Tracking and Performance Cookies
  Type: Persistent Cookies
  Administered by: Third-Parties
  Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
• For business transfers: We may share or transfer Your personal 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.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data
Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• Google Analytics
  
  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
  
  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
  
  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

GDPR Privacy
Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

• Category A: Identifiers.
  Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
  Collected: Yes.
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  Collected: Yes.
• Category C: Protected classification characteristics under California or federal law.
  Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  Collected: Yes.
• Category D: Commercial information.
  Examples: Records and history of products purchased, points awarded, or prizes withdrawn.
  Collected: Yes.
• Category E: Biometric information.
  Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
  Collected: No.
• Category F: Internet or other similar network activity.
  Examples: Interaction with our Service or advertisement.
  Collected: Yes.
• Category G: Geolocation data.
  Examples: Approximate physical locations.
  Collected: Yes.
• Category H: Sensory data.
  Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
  Collected: No.
• Category I: Professional or employment-related information.
  Examples: Current or past job history or performance evaluations.
  Collected: No.
• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
  Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  Collected: No.
• Category K: Inferences drawn from other personal information.
  Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  Collected: No.

Under CCPA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA's scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
• Indirectly from You. For example, from observing Your activity on our Service.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
• From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

• To operate our Service and provide You with our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information
• Category F: Internet or other similar network activity
• Category G: Geolocation data.

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information
• Category F: Internet or other similar network activity
• Category G: Geolocation data.

Share of Personal Information

We may share Your personal information identified in the above categories with the following categories of third parties:

• Service Providers
• Payment processors
• Our affiliates
• Our business partners
• Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
  • The categories of personal information We collected about You
  • The categories of sources for the personal information We collected about You
  • Our business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom We share that personal information
  • The specific pieces of personal information We collected about You
  • If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
    • The categories of personal information categories sold
    • The categories of personal information categories disclosed
• The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
  • Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
  • Denying goods or services to You
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to You
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us at support@MajikBonus.com

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

• Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
• Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if we cannot:

• Verify Your identity or authority to make the request
• And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

• "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
• "Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us at support@MajikBonus.com

Last Updated: December 06, 2023 PROMOTION DESCRIPTION

MajikBonus Sweepstakes is an online promotion taking place at https://MajikBonus.com. The Sweepstakes is sponsored by MajikBonus and benefits Badger Universal ToЖen a Bitcoin-based, self-minted token. The Sweepstakes begins November 1, 2023 and ends when the supply of promotional entries is exhausted or, 11:59 p.m. December 31, 2024 whichever occurs first. The number of prizes available throughout the sweepstakes will change as the promotional entries are dispersed and prizes are awarded. The customer may reveal the amount of the prize they have won, using a computer program with entertaining game theme displays on a computer or mobile device to reveal the value of the prize assigned to each of the promotional entries.

The number and type of prizes to be awarded and the odds of winning any given prize are available upon request.

Prior to the beginning of the sweepstakes the finite set of sweepstakes results is generated by a Server Computer and securely stored. When the sweepstakes begins the promotional entries are drawn, delivered to the participant, and the value of the prize is revealed using one of the methods described below. A player does not have to match numbers or symbols that are randomly drawn. There are no symbols on the entries. The entry only contains the value of the prize assigned to the entry. Further, prizes are not awarded based on numbers or symbols conforming to randomly selected numbers or symbols.

HOW TO OBTAIN ENTRIES:

Participants receive one-hundred Points for each one-dollar spent on authorization codes to mint BUX tokens. Entries may also be obtained by one of the alternate methods of entry without a purchase described. The sweepstakes does not differentiate between sweepstakes promotional entries received with a purchase from those granted by request with no purchase, or free promotional entries granted to all validated participants. All promotional entries, whether received with or without a purchase have the same chance of winning any of the prizes. These Points have no cash value and may not be redeemed for anything except the prize assigned to the entry. Prizes are expressed as cash prizes.

NO PURCHASE NECESSARY:

Points may be acquired by the following two methods without purchasing a product:

1. All new accounts will receive 100 Points upon registration; or
2. For Daily Promotional Points, every 24 hours, you may spin the wheel and be granted additional points, or other prizes; or
3. To receive a promotional entry by mail, hand write your request, including your name, email address, address, city, state, zip code, and telephone number. Mail this request, along with a stamped self-addressed envelope, to: MajikBonus PO Box 361, Rowlett, TX 75030. To protect the privacy of our user information, all information must match your account profile to get credit.

Each request for a promotional entry code must be mailed in a separate outer envelope. No mechanically reproduced or photocopied requests for entries will be accepted. There is no limit on the number of requests for entry codes by mail. Allow 21 days for receipt of your entry code. Sponsor will credit your account accordingly. Sponsor and its advertising and promotions agencies are not responsible for lost, late, illegible, misdirected, damaged, incomplete, incorrect, postage due requests, delayed mail delivery, lost or stolen entries, or problems of any kind whether mechanical or human.

Sweepstakes entry requests are the property of Sponsor and will not be returned.

ELIGIBILITY:

Open only to U.S. residents, eighteen years of age or older. Void where prohibited or restricted by law. Employees of this location, Sponsor, and its affiliates, advertising and promotional agencies are not eligible. All federal, state and local laws and regulations apply.

If you do not agree to the Official Sweepstakes Rules in their entirety, you are not permitted to enter the promotion.

REVEALING ENTRIES:

The sweepstakes does not differentiate between sweepstakes entries granted through a purchase from those granted by request with no purchase. All promotional entries, whether received with or without a purchase, have the same chance of winning any of the prizes. The sweepstakes provides two methods for revealing the amount of the prizes won. Neither the method nor game theme display chosen to reveal entries, nor the number of entries chosen to be revealed increases nor decreases your chance of winning any given prize. One method utilizes the entertaining video game theme displays and the other does not:

1. Participants have the option of revealing their Pizes without playing the entertaining video game theme. Refer to Reveal Prizes under your user menu.
2. Participants may also choose to open and reveal the entries by using the computer game theme displays, which are an entertaining method of incrementally revealing the awarded prize amount.

If you open more than one entry at once, the prize won on each individual winning entry is shown and the cumulative total is shown in the event you had more than one winning entry among the entries revealed.

ROLE OF THE GAME DISPLAYS:

THE GAME THEME DISPLAYS HAS NO ROLE IN DETERMINING THE AMOUNT OR TYPE OF PRIZE ON AN ENTRY. THERE IS NO RELATIONSHIP BETWEEN THE VALUES SHOWN ON THE GAME THEME DISPLAY AND THE VALUE ASSIGNED TO AN ENTRY. THE NUMBER AND TYPE OF PRIZES ASSIGNED TO EACH PROMOTIONAL ENTRY WAS ASSIGNED BEFORE THE SWEEPSTAKES BEGAN AND CANNOT BE CHANGED OR MODIFIED.

TO CLAIM A PRIZE:

All prizes are subject to verification by attendant. Prizes are not transferable, and no substitution of prizes is permitted. Prizes awarded from malfunction of games are not redeemable. Any discrepancy arising from entry in the sweepstakes shall be determined by Sponsor and all decisions are final. No responsibility is assumed for lost, late, illegible, or misdirected mail. Verification and payment of prizes may take up to 72 hours. Winning game entries will not be returned. Prize winners agree to the use of their name, address, and photograph for publicity purposes without compensation.

TAXES:

All federal, state, and local taxes on prizes are the sole responsibility of prize winners.

GENERAL CONDITIONS:

Participants agree to abide by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this sweepstakes. All federal, state and local laws and regulations apply. Neither Sponsor nor any service providers are responsible and shall not be held liable for incorrect or inaccurate entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, or computer equipment or software, or any printing, mechanical, or other error or irregularity. If for any reason, including but without limitation, fraud, tampering, technical failures, malfunctions, printing, mechanical or any other factor the Sponsor believes in its sole and unfettered discretion the integrity of the Sweepstakes is impaired, the Sponsor, may in its sole and unfettered discretion, cancel, terminate, modify or suspend the Sweepstakes in whole or in part. Sponsor may disqualify anyone it finds or suspects of tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in a disruptive manner.

ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY HARDWARE, SOFTWARE, OR ANY OTHER EQUIPMENT, OR TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES INCLUDING THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY:

By participating in the Sweepstakes, Participants agree to release and hold harmless Sponsor, it’s directors, officers, employees, distributors, representatives, agents and its affiliates, advertising and promotion agencies, and those associated with the development, distribution or implementation of this Sweepstakes, including but not limited to, Sweepstakes System manufacturers, suppliers, and distributors (collectively “Service Providers”) and each of their respective directors, officers, employees, representatives and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of or in connection with this Sweepstakes or acceptance, or participation in or inability to participate in Sweepstakes or use of or inability to use any prize including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, unauthorized human intervention in the Sweepstakes, technical errors related to computers, servers, providers, or telephone or network lines; printing errors; errors in the administration of the Sweepstakes or the processing of entries whether under a theory of contract, tort (including negligence), warranty or other theory. Participant further agrees that in any cause of action, Sponsor’s liability is limited to the amount purchased by Participant, and in no event shall Sponsor be liable for attorney’s fees. Participant waives the right to claim any damages whatsoever against the Released Parties, including, but not limited to punitive, consequential, direct, or indirect damages. Participant agrees that Texas law shall govern, and any cause of action shall be resolved individually, without resort to any form of class action, exclusively by the Texas State Courts and the U.S. Federal Court in Texas.

DISCRETIONARY ENTRY:

Participation in the MajikBonus is discretionary. A purchase of a product does NOT automatically enter the donor / purchaser in the sweepstakes. A purchase is NOT required to enter the sweepstakes. The purchase of a product is NOT required to enter the sweepstakes.

SPONSOR:

MajikBonus Sweepstakes is sponsored by MajikBonus.

Last Updated: November 30, 2023 Laws and Rules for Sweepstakes

It is important to understand the difference between a sweepstakes, contest, and a lottery. In a sweepstakes, winners are chosen randomly from all participants. In a contest, the winners’ entries are usually judged and are based on a skill or criteria. In a lottery, winners are chosen at random, yet in order to enter, the participant must pay. A payment is called a consideration. Only states can hold lotteries, so all private lotteries are considered illegal.

At a Federal Level, Gambling (or lottery) must have 3 elements: Prize, Chance, and Consideration. To avoid being classified as an illegal lottery in any state, a promotion can only have 2 of the 3 elements. Be mindful, in many states, consideration can mean anything of value, including a fee or even a significant effort (i.e., time spent shooting/submitting a photo, etc.)

Here are three scenarios:

• Prize + consideration + chance = illegal lottery or gambling
• Prize + consideration = legal contest (in most jurisdictions)
• Prize + chance = legal sweepstakes

All sweepstakes in the United States must meet the following regulations:

• No purchase necessary. You can enter the sweepstakes without buying a product or service.
• Winners are required to pay taxes on prizes they win.
• Many Jurisdictions have additional regulations regarding to protect consumers from deceptive practices.

Good Faith Effort Regarding Legal Compliance

MajikBonus.com and it's affiliates have in good faith reviewed the US Federal and each US State regulations regarding sweepstakes and believe we have complied with all regulations. The sections below outline each state statute applicable to our research. However, law is complex and ever changing, in addition, technology is constantly changing making it difficult to truly verify that each player is using the features intended for their jurisdiction.

If for any reason your office finds any of our services, offerings, or features not compliant with your jurisdiction, please contact us immediately with a full description of the device you are using, operating system (name and version), browser (name and version), the Internet Service Provider being used, and whether or not you are connected to our services via a Virtual Private Network, or a corporate network so that we can isolate the issue and improve our security to ensure compliance with the law.

You may reach us directly on our Contact Us Form.

Good Faith Effort Regarding Protection From Fraudulant Banking Activities

MajikBonus.com and it's affiliates have partnered with presigious and well established banking institutions in order to protect for KYC and AML. These services are provided by World Pay from FIS, PayPal.com, and Venmo.

State Specific Assertions

AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | PR | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY

Alabama [Ala. Code 13A-12-20]

Sweepstakes: are allowed as long as participants do not pay consideration. Alabama does not consider any of the following considerations.

• Paying postage to request or return an entry form
• A participant advertising the promotion to friends or relatives
• A participant going to a retail store
• A sponsor benefiting from increased sales as a result of the promotion

Alaska [Alaska Stat. 11.66.280]

Sweepstakes: are allowed as long as participants do not pay consideration.

• Sweepstakes must include a free method of entry.
• If a sweepstakes ticket is combined with a product that has never been offered for sale outside the sweepstakes promotion, the sweepstakes is illegal gambling.

Arizona [Ariz. Rev. Stat. 13-3302]

Sweepstakes: are allowed as long as participants do not pay consideration.

Arkansas [Ark. Code 4-102-106]

Sweepstakes: are allowed as long as participants do not pay consideration.

• In-package sweepstakes are allowed as long as there is a free alternative method of entry and the sponsor follows all Prize Promotion Laws prize disclosures.

Prize Promotion Laws

• These laws come into effect in Arkansas when a sponsor offers a prize with the sale of a product or services.
• Arkansas Prize Promotion Act includes written disclosure requirements, prohibited practices to prevent misrepresentation and a requirement to award the promised prizes.

California [Cal. Bus. & Prof. Code 17539.1]

Sweepstakes: are allowed as long as participants do not pay consideration and the sponsor follows all Prize Promotion Laws prize disclosures.

Prize Promotion Laws - California -Contests

• Sponsored is required to provide a refund to any participant unable to participate in the contest through no fault of his or her own and who requests a refund in writing within one year.
• Awarding the prize cannot be conditioned upon a minimum number of entries or contest participants.
• Exempt from providing refunds are: sporting events, performances, tournaments of skill, power or endurance between participants who were actually present at the contest

Prize Promotion Laws - California- Gifts as Sales Incentives

• The sponsor cannot tell a consumer he/she has won a gift and in order to receive the gift, the consumer must make a purchase or pay unreasonable shipping or handling charges.

Prize Promotion Laws - California- Telemarketing

• If a prize or a gift is offered as part of a telephone solicitation campaign, the sponsor must register the campaign with the state and disclose the rules to the consumer or participant

Colorado [Colo. Rev. Stat. 6-1-803]

Sweepstakes: are allowed as long as participants do not pay consideration and the sponsor follows all Colorado Consumer Protection Act laws.

Promotional Laws - Colorado Consumer Protection Act

• Contests or sweepstakes promoted via direct mail solicitation cannot require the purchase of a product or payment of any fee to participate.

Connecticut [Conn. Gen. Stat. 42-297]

Sweepstakes: are allowed as long as participants do not pay consideration.

Delaware [Del. Code tit. 11, 1408]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

District of Columbia [D.C. Code 3-1323]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Florida [Fla. Stat. 849.094]

Sweepstakes (or as FL calls them, Game Promotion): are allowed as long as the sponsor awards the prize based on chance. Sweepstakes offered in Florida whose prizes exceed $5,000 in Approximate Retail Value must be bonded and registered with the state.

Florida Registration, Bonding, and Operational Requirements for sweepstakes that exceed $5,000 in Approximate Retail Value of all prizes combined:

• Registration Requirements: sweepstakes with aggregate prizes valued at more than $5,000 need to register with the Department of Agriculture and Consumer Services.
• Bonding Requirements: Sponsors must establish a trust account or provide a bond equal to the Approximate Retail Value of all prizes combined if the prizes exceed $5,000 or more and notify the Department of Agriculture and Consumer Services that a trust or bond has been established.
• Operational Requirements: Sponsors must publish the Official Rules online. In Florida, Official Rules must be posted in retail stores where the sweepstakes is available and Abbreviated Official Rules must be included in all printed advertisements. Additionally, the sponsor must file a winner's list for all winners that received prizes valued at $25 or more.

Georgia [Ga. Code 10-1-830]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Promotional Laws - Georgia Fair Business Practices Act

• Prizes cannot be awarded based upon playing a game on a computer mechanical device or electronic device at a place of business in Georgia.

Hawaii [Haw. Rev. Stat. 712-1220]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Idaho [Idaho Stat. 18-3801]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Illinois [Comp. Stat. Ch. 815]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Indiana [Ind. Code 24-8-3-2]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Iowa [Iowa Code 714B]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Iowa Prizes and Gifts Laws

• Contest may not be held at a school or amusement concession and the contest may not exclusively utilize a gambling device.
• A sponsor of a prize may not ask a person to buy merchandise, pay or donate money as a condition of awarding a prize or as a condition of allowing the person to receive, use or compete for a prize.
• A sponsor of a prize cannot charge money to provide information about a prize unless the sponsor first gives a person a written disclosure statement.
• Iowa Prize Promotion Law lists specific information that must be included in the prize disclosure notice and prohibits certain practices that may mislead participants or consumers.

Kansas [Kan. Stat, 21-6403]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Kansas Unfair Trade and Consumer Protection Laws

• If a sponsor tells the recipient that he/she has been or may be eligible to receive a prize, the sponsor must provide disclosures and further information regarding any obligations or actions required to receive the prize.
• Kansas prohibits practices that may mislead participants or consumers.

Kentucky [Ky. Rev. Stat. 365.055]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Kentucky Unfair Trade Practices Laws

• If a sponsor mails recipient advertising that says he/she has won a prize, the sponsor must provide prominent, conspicuous and clearly stated disclosures and further information regarding any obligations or actions required to receive the prize.

Louisiana [L.A. Rev. Stat. 51:1721]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Louisiana Trade and Commerce Laws

• The sponsor must deliver the promised prize within 10 days.
• The sponsor cannot charge for shipping or handling of the prize, if the prize is advertised as free.
• Winners of promotions must be announced by one of the following methods; posted or printed list, scratch off tickets or cards, pull-tab tickets or cards, written or telephone contact of the winner(s). These requirements do not apply to promotions where only employees of the sponsor participate.
• If a sponsor makes a prize offer that includes an invitation or requirement for the consumer to participate in a sales presentation or promotional program in order to claim the prize, the offer must include a disclosure. If it's a written prize offer it requires a written disclosure. If it's a verbal, a verbal disclosure.
• When using Direct Mail in Louisiana to promote a sweepstakes or contests, the sponsor must include odds of winning each prize offered

Maine [Me. Rev. Stat. tit 17]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Maryland [Md. Code, Com. Law 13-305]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Massachusetts [Mass. Gen. Laws ch. 271]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Michigan [Mich. Comp. Laws 750.372a]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Michigan Prize Notices and Solicitations

• Michigan defines “requiring a participant to be present at a place of business for a chance to win a prize” a consideration, thus sweepstakes cannot require participants to be present in order to win.
• If a prize is offered as incentive to attend a sales presentation, the prize offer must come with a detailed disclosure statement of the obligations or actions the customer must take in order to be eligible to receive the prize.

Minnesota [Minn. Stat. 325F.755]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Minnesota Prize Notices and Solicitations

• In Minnesota, if a person has to pay money as a condition of receiving, entering, competing or acquiring information about a prize, the sponsor must provide the person with a written disclosure statement called a “prize notice”. There are specific statutory requirements for placement, font, and wording of the prize notice disclosures.
• If a participant pays money to enter a contest and wins, the sponsor must deliver to the winner the prize as described and promised within 30 days. The prize can be in the form of a voucher or a prize of equal or greater value, or a monetary payment of equal to the approximate retail value of the promised prize.

Mississippi [Miss. Att'y Gen. Op. no. 94-0725]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Missouri [Mo. Ayy'y Gen. Op. No. 70-83]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Montana [Mont. Code 30-14-1403]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Montana- Raffles

• In Montana any person or organization may offer a raffle.
• In Montana, raffles are defined as “form of lottery in which each participant pays valuable consideration for a ticket to become eligible to win a prize.”
• No license or permit is required to offer a raffle in Montana
• Raffle sponsors must own all the prizes before selling any raffle tickets and the value of the raffle prize may not exceed $5,000.
• Raffle sponsors may sell tickets only at events and only to participants within Montana.
• Sponsors may use the internet to advertise a raffle but it's prohibited to sell raffle tickets over the internet.
• All raffle rules must be available to the public before the sale of any tickets.
• Raffle sponsors must retain records for 12 months related to the proceeds, winners, and prize(s) awarded.

Nebraska [Neb. Rev. Stat. 86-228]

Sweepstakes (or as known in NE, gift enterprises): are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Nebraska Prize Promotions Act

• In a sweepstakes where participants can enter for a chance to win with the purchase of a product, the sponsor can require evidence of the purchase, as long as the payment of the product or service is not greater than it would have been without the promotion.
• In Nebraska, a consideration does not include filling out an entry form, entering by mail or telephone as long as the mailing fees are no greater than the postage of a first-class letter weighing 1 oz. or less.

Nevada [Nev. Rev. Stat. 598.135]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Nevada Deceptive Trade Practice Laws

• If a sponsor is offering a prize via a sales campaign and the sponsor tells a consumer that he/she has won a prize, the sponsor must give the prize to the consumer without obligation and within 30 days of making the presentation.
• Prize disclosures can be given verbally but if the prize disclosures are in writing, there are specific requirements for placement and font size.
• In Nevada, if a sponsor is offering a prize via a sales campaign and the sponsor tells a consumer that he/she has a chance to win a prize, the sponsor must deliver a written disclosure statement and refrain from certain prohibited practices.
• Disclosures and prohibitions do not apply if the consumer enters to participate in the promotion via mail, phone or retail store and if the consumer is not required to listen to a sales pitch.

New Hampshire [N.H. Rev. Stat. 358-O]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- New Hampshire Trade and Commerce Laws

• In New Hampshire, if a sponsor is offering a prize via a sales campaign and the sponsor tells a consumer that he/she has a chance to win a prize, the sponsor must disclose the requirements for receiving the chance to participate.
• No disclosure is necessary if all the participant has to do is mail an entry form, deposit an entry form at a retail establishment or call to enter by phone.
• No disclosure is necessary if the participant is not required to listen to a sales pitch or pay any sum of money for any product or service or item of value.
• If the sponsor tells a participant that he/she has won a prize, the sponsor must award the prize within 10 days without obligation or expense to the awardee.

New Jersey [N.J Stat. 5:19 and N.J. Att'y Op. 1-1980]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- New Jersey Unfair Business Practices Laws

• In New Jersey, a sponsor is not allowed to advertise that a person has won a prize and require that person to take certain actions or purchase any products or services or participate in a sales presentation in order to obtain the prize.

New Mexico [N.M. Code R. 12.2.2.6]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- New Mexico Consumer Protection Regulations – Game Promotion Rule

• New Mexico’s wide-ranging definition of what constitutes a consideration is “anything of pecuniary value”. In other words, anything of financial value including “any business advantage to the sponsor, user or promoter of the game promotion”.
• Game promotions that require skill or chance and a consideration from participants must include specific disclosures.

New York [N.Y. Gen. Bus 369-ee]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- New York Prize Award Schemes

• New York requires that all Sweepstakes offered to New York residents, whose aggregate prize values exceed $5,000 must register and bond the promotion with the New York Department of State.
• Sweepstakes rules or abbreviated rules must be posted in any participating retail locations and included in all advertisements.
• All sponsors must file a winner's list with the state at the conclusion of the sweepstakes.
• Prize promotion disclosures are required for all sweepstakes, except for those offered by retail stores as long as the promotion is incidental to the retail stores business and the only requirement to receive the prize is limited to the winner traveling to the store.

North Carolina [N.C. Gen. Stat. 75-33]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- North Carolina Consumer Protection and Prize Promotion Laws

• If a company represents that a person has won a prize, the company must provide the prize to the winner without obligation. Prizes must be provided within 10 days of making the representation.
• In North Carolina, a sponsor cannot tell every participant that they are a winner if the sponsor gives the same prize to more than 10% of all considered for receiving the prize.
• If a company offers a prize in conjunction with a sales promotion, the company must present written disclosures that are clearly and conspicuously placed next to the prize description.
• In North Carolina, disclosures apply to all sweepstakes or contests offered as part of a sales promotion.
• Excluded from disclosure requirements in NC, are contests in which consumers can compete for a prize by entering via mail, phone, or at a local retail store and are not required to listen to a sales presentation.

North Dakota [N.D. Att'y Gen. Op no. 98-L-132 and 98 and N.D. Cent Code 53-11-02]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- North Dakota Sports Amusement Laws

• In a 1998 opinion from the North Dakota Attorney General, it was indicated that contests charging a consideration are allowed as long as the sponsor provides a written disclaimer, in other words a ‘prize notice’.
• In North Dakota, the sponsor has an obligation to award the promised prize if the sponsor requires money from the participant as a condition of awarding, competing or receiving information about the prize and if the sponsor represents to the person that he/she has won the prize.
• In North Dakota, the sponsor must deliver the promised prize, voucher of the prize, alternate prize of equal or greater value or monetary payment of equal to the approximate retail value of the promised prize within 30 days.

Ohio [Ohio Rev. Code 4719.01]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Ohio Anti-Gambling Laws

In 2013, in an effort to combat by internet cafes, Ohio changed its views on what is seen as a consideration:

• If less than 50% of the goods or services sold by a sponsor in exchange for game entries are used or redeem by the participant at any one location.
• If less than 50% of the participants who purchase goods or services at one location do not use the goods or services sold.
• There is a consideration if a sponsor pays out in prize money more than 20% of the gross revenue received at one location.
• There is a consideration if a participant pays for more than the approximate retail value of the goods or services offered by the sponsor in exchange for one or more entries.
• In other words, like in all other states, Ohio doesn't want you selling entries to a sweepstakes by exchanging worthless or low value products for entries.

Oklahoma [Okla. Stat. 21-996.1]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Oklahoma Consumer Disclosure of Prizes and Gifts Act

• In Oklahoma, it's illegal to notify a person that they have won a prize and that that person must pay money or rent any goods or services in order to receive that prize. This also includes asking the winner to pay unreasonable shipping and handling charges in order to receive the prize.

Oregon [Or. Admin. R. 137-020-0430]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Oregon Administrative Rules

• In Oregon, like in all states, it is illegal for a business to make any false or misleading statements about a prize, contests, or sweepstakes used to promote a business.
• Oregon requires that “Consumer Disclosure” or also known as “Official Rules” disclosures be clear and conspicuous and printed in a portion of the solicitation or advertising used to describe the prize.
• If direct mail is used to offer the promotion, disclosures must be included in the direct mail pieces.

Pennsylvania [73 P.S. 2241-2249]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Puerto Rico []

Sweepstakes: are allowed as long as participants do not pay consideration.

• Sweepstakes must include a free method of entry.

Rhode Island [R.I. Gen. Laws 42-61-1]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Rhode Island Prizes and Gifts Act

• In Rhode Island, sweepstakes that offer prizes valued at over $500 and offer entry opportunities at retail stores within the state require that the sponsor register the sweepstakes with the Rhode Island Secretary of State.
• Sweepstakes rules must be clearly posted, and the sponsor must maintain records of winners and prizes awarded for 6 months.
• Rhode Island limits the shipping and handling fees charged to receive a prize.
• If a sponsor represents that a person has won a prize, the sponsor must provide the prize to the winner without any obligation or expense to the winner.
• If an individual or an organization delivers a written or digital notice that tells the recipient that he/she has been or may be eligible to receive a gift, the sender must provide disclosures and further information. There are specific statutory requirements for placement, font, and wording of the disclosures.
• Promotion disclosures or prize notifications are not required if the participant can submit an entry by mail, phone or at a local retail store and is not required to be present or listen to a sales presentation.

South Carolina [S.C. Code 37-15-10]

Sweepstakes: re allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- South Carolina Prizes and Gift Act

• South Carolina requires that sponsors of sweepstakes or contests provide disclosures and further information about the promotion and prizes (i.e. Official Rules) offered. There are specific statutory requirements for placement, font, and wording of the disclosures when a company combines a promotion with a sales campaign.
• South Carolina prize promotion law prohibits deceptive practices such as simulated checks or charging for excessively for shipping and handling of prizes.
• If a sponsor represents that a person has won a prize or gift, the sponsor must deliver that prize within 10 days and without any expense to the recipient.

South Dakota [S.D.C.L 37-32-1]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- South Dakota Codified Laws

• South Dakota Supreme Court defined a game of chance as “a contest wherein chance predominates over skill”.
• South Dakota prize promotion law focuses on the requirements for Prize Notices. These notices must be provided to the participant prior to entering the sweepstakes or contest.
• South Dakota has specific requirements for the placement, font and wording of the prize notice and prohibits any actions that may deceive the recipient of the prize notice.
• If a sponsor tells a person that they have won a prize the sponsor cannot require any type of payment as a condition to receiving the prize before giving the person a written prize notice.
• In South Dakota, you must give the prize to the person attending the sales presentation before the sales presentation starts.
• Exemptions to providing a Prize Notice in South Dakota:
  1. If winners are not selected by chance or any element of chance.
  2. If the recipient can evaluate any products or services purchased for at least 7 days and can obtain a complete refund or cancel within 30 days.
  3. If the recipient can keep the prize offered in the promotion without further obligation.
  4. If the recipient is not required to pay for the item offered in the promotion or has to attend any sales talk.

Tennessee [Tenn. Code 47-18]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Tennessee Consumer Protection Act

• Tennessee law defines gambling as “risking anything of value for a profit whose return is to any degree contingent on chance”.
• If a sponsor is running a sweepstakes or a contest for the purpose of a sales campaign and it tells the customer that he or she may receive a prize in exchange for the purchasing a product or service, incurring a financial obligation, visiting business, attending a sales presentation or contacting a salesperson, the sponsor must provide prize disclosures in Tennessee.
• In Tennessee, a sponsor offering a contest or a sweepstakes as part of a sales campaign may not make the receipt of a prize contingent upon the use of the winner’s name for promotional purposes. The sponsor may obtain expressed written or oral consent from the winner before using the winner’s name for promotional purposes in connection with mailing promotions to others.
• If a sponsor requires payment as a condition to competing, receiving or obtaining information about a prize, the sponsor must provide a prize notice to the potential participant. Prize disclosures must follow specific requirements as to placement and font size.

Texas [Tex. Bus & Com 621]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Texas Contest and Gift Giveaway Act

• If a sweepstakes sponsor is using direct mail to offer the promotion and the prizes offered are valued at $50,000 or more, the sponsor may accept entries via mail, but the sponsor cannot use the mailing address of the participants for any other purpose than documenting the entry for drawing.
• Texas restricts sweepstakes sponsors to conducting only one promotion that uses the mail in every 30-day period.
• If a company offers a gift or prize as incentive to attend a sales presentation, the company must provide in writing the details about the sales presentation and the prize.
• If a company offers a gift or prize as incentive to attend a sales presentation, the company must maintain records about solicitations, prizes, winners or recipients and make those records available to anyone, including the Texas Attorney General.
• The requirements above do not apply to promotions that take place at trade shows or business conferences as long as the participants are all attendees of the events.

Utah [Utah Code 13-28-1]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Utah Notices Regulation Act

• Utah defines a prize notice as a communication to an individual that represents that he or she may be selected to receive a prize and if there is a condition of payment or donation or the individual is invited to contact the company or find out more about the prize placement.
• Prize notice disclosures have specific placement, font and language required in Utah.
• In Utah, if a sponsor represents that a person has won or may win a prize, the sponsor must provide a written prize notice to the participant or winner before receiving any payment.
• In Utah, if a sponsor offers a prize as an incentive for their participants to see, hear, or attend the sales presentation, the presentation can’t begin until the sponsor tells the participant of the prize and awards it.
• It's good practice to have a prize notice or Official Rules as part of any sweepstakes and contests in Utah or any other state.

Vermont [Vt. Stat. tit. 13 2143b]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Virginia [Va. Code. 59.1-415]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Virginia Prizes and Gift Act

• Virginia does not see witnessing a demonstration or a similar event or going to a sponsor’s premises as consideration.
• Virginia prize promotion law prohibits deceptive practices such as simulated checks, invoices or charging for excessively for shipping and handling of prizes.
• If the sponsor tells a participant that he/she has won a prize, the sponsor must award the prize within 10 days without obligation or expense to the awardee.
• In Virginia, the sponsor must provide verbal or written disclosures to participants eligible to win a prize.
• Prize notices or disclosures need to include the sponsor name, the actions that need to be completed to win the prize, any money that the participant must pay to receive the prize, including shipping and handling or purchasing another product or service and any other relevant conditions. Written disclosures include placement, font and language requirements.
• In Virginia, there are no prize disclosure requirements if all the participant has to do to be eligible to win is to complete an entry form and as long as a participant is not required to listen to a sales pitch or pay money for any product or service.

Washington [Wash. Rev. Code 19.170.020]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Washington Prize Notice Promotion Laws

• In Washington, if a sponsor promotes their sweepstakes via direct mail or other printed materials saying that the recipient has or will be awarded a prize, then the sponsor must comply with specific disclosures that need to be included in the written offer or advertisement.
• In Washington, if a sponsor tells a participant that he or she has won, the prize must be awarded.
• Excluded from disclosure requirements are giveaway types of promotion where every participant receives a prize or a gift as long as:
  • chance doesn't determine who wins.
  • the consumer can return any purchase within 30 days for a full refund.
  • the participant can keep the prize without obligation.
  • the participant is not required to attend a sales presentation.
  • the participant is not required to spend any money to receive the prize, including shipping or handling fees.

West Virginia [W. Va. 46A-6D-1]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - West Virginia Prizes and Gifts Act

• West Virginia does not view entering sweepstakes via entry form, mail-in form, toll-free phone, or visiting a retail location as consideration.
• West Virginia prize promotion law prohibits deceptive practices such as simulated checks or charging for excessively for shipping and handling of prizes.
• If the sponsor tells a participant that he/she has won a prize, the sponsor must award the prize within 10 days without obligation or expense to the awardee.
• If the sponsor tells a participant that he/she is eligible or has a chance to win the sponsor must provide prize disclosures.
• In West Virginia, prize disclosures can be verbal or written but if they're written there are specific requirements for placement, font and text.
• A promotion is excluded from prize disclosure requirements if in order to enter the participant only has to complete a web entry form or mail-in entry form or local store entry form or toll-free phone call and the participant is not required to listen to a sales presentation or purchase any good or service.

Wisconsin [Wis. Stat. 945.01(5)(b)2, Wis. Stat. 100.171(3) (2014)]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws - Wisconsin Prize Notices

• Like all states, Wisconsin views Payment of any kind as a consideration.
• Wisconsin views the following not considerations:
  • Listening to a radio program.
  • Watching a TV program or commercial.
  • Completing and mailing an entry form.
  • Providing a proof of purchase.
  • Completing an entry form at an event as long as the entry form can be submitted in an area in which an admission fee is not required.
  • Visiting a retail store as long as participants are not required to make a purchase or pay for admission.
• Wisconsin’s in-pack or purchase-to-enter sweepstakes promotions are legal as long as the following conditions are met:
  • A free method of entry (i.e. Alternative Method of Entry) is available to all.
  • Product packaging contains Abbreviated Rules with methods of play and promotion End Date.
  • Sponsor provides the retailer with enough free play forms or codes.
  • Sponsor does not misrepresent chances of winning.
  • Sponsor randomly seeds or distributes all game pieces and retains records of the random distributions for at least 365 days.
  • Sponsor randomly Awards all prizes if the game pieces are not used.
  • The name and addresses of all winners with prizes over $100 must be available to the state of Wisconsin upon request.
• In Wisconsin a prize notice disclosure is required when:
  • The sponsor represents that a person has won or is eligible to win a prize. The sponsor may not request or accept payment from the winner before the winner receives the written prize notice.
  • The sponsor is allowed to offer a prize as part of an incentive to attend a sales presentation, but the presentation can’t begin until the sponsor tells the participant of the prize and awards it.
  • In general, it's advisable that any sponsor includes written prize notice disclosure within the Official Rules of any promotion that charges a consideration in Wisconsin.

Wyoming [Wyo. Stat, 40-12-201 (2014)]

Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.

Prize Promotion Laws- Wyoming Promotional Advertising of Prizes

• There are specific statutory requirements for placement, font, and wording of the prize notice disclosures.
• In Wyoming, if the sponsor represents that a person has won or is eligible to win a prize, the sponsor may not request or accept payment from the winner before the winner receives the written prize notice.
• Sponsors are allowed to offer a prize as part of an incentive to hear, view or attend a sales presentation but the presentation can’t begin until the sponsor tells the participant of the prize and awards it.
• In general, it's advisable that any sponsor includes written prize notice disclosure within the Official Rules of any promotion that charges a consideration.

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