October 15, 2018
1 GENERAL INFORMATION
1.2 GOVERNING LAW AND DISPUTES
1.3 ENTIRE AGREEMENT
1.6 LINKS TO THIRD-PARTY SITES
2 CONDITIONS AND OBLIGATIONS
2.1 ELIGIBILITY TO REGISTER FOR AN ACCOUNT
By entering a contest, you are representing and warranting that you are at least 18 years of age and a legal citizen of NigeriaBy entering a cash contest, you further represent and warrant a) at the time of game entry, you are physically located in the country of Nigeria in a jurisdiction in which participation in the contest is not prohibited by applicable law; b) that you are not listed on any U.S. or Nigerian Government list of prohibited or restricted parties; and, c) that you are not a “Prohibited Player” which means i) any officer, employee or agent of the Company, ii) any spouse, child, sibling or parent of the same household in the principal place of abode of any officer, employee or agent of the Company, iii) any individual with access to non-public confidential information about a contest, iv) any amateur or professional athlete whose performance may be associated used to determine the outcome of a contest, v) any sports agent, team employee, referee, or league official associated with any sport or athletic event in which contests are based, vi) any individual in a state where the conduct of contests is expressly prohibited; or, vii) any minor.
If Synkt Games determines that you do not meet the eligibility requirements of this section or are a Prohibited Player, then you are not authorized to use the Taka Services or Contests. Synkt Games may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize or participation in a contest. This includes by requesting that you fill out an affidavit of eligibility, and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to an account as reasonably requested by Synkt Games in order to complete the withdrawal of prizes. To the extent Synkt Games requests that you fill out such an affidavit and you fail to do so within 5 days, or Synkt Games otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Synkt Games may have in law or equity, Synkt Games reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Synkt Games may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Synkt Games in its sole discretion.
2.2 LEGALITY AND TAXES
You are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Mobile App and are solely responsible for obeying those laws. Access to the Mobile App may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, express or implied, as to the lawfulness of your accessing the Mobile App nor shall any person affiliated, or claiming affiliation, with the Mobile App have authority to make any such representations or warranties.
2.3 ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
By registering for an account and/or participating in any experience offered on the Mobile App, you acknowledge that all information contained on the Mobile App may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by Synkt Games. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. Synkt Games neither warrants nor represents that your use of materials displayed on the Mobile App will not infringe rights of third parties. While Synkt Games uses reasonable efforts to include accurate and up-to-date information, Synkt Games makes no warranties or representations as to its accuracy. Synkt Games assumes no liability or responsibility for any errors or omissions in the content of the Mobile App.
Any communication or material you transmit to the Mobile App by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by Synkt Games or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Mobile App promotion, marketing and posting. Furthermore, Synkt Games is free to use any ideas, concepts, know-how or techniques contained in any communication you send through the Mobile App or to Synkt Games for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
2.4 PROMOTIONAL ACTIVITIES
By registering for an account, you agree that Synkt Games may display your username or member name publicly. By accepting any prize or reward from Synkt Games, you agree to allow Synkt Games to print, publish, broadcast and use, worldwide, in any media, now known or hereafter devised, and at any time, your name, picture, voice, likeness, and/or biographical information for any purpose, including without limitation, promotional, marketing or related purposes without additional compensation, review or approval rights, notification or permission.
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Mobile App, such submissions shall become, and shall remain, the sole property of Synkt Games. No submission shall be subject to any obligation of confidence on the part of Synkt Games. Synkt Games shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
2.6 INFORMATION REQUIRED
At registration, you are required to submit the following information: (a) a username or member name; (b) a password; (c) your date of birth; (d) your address; and (e) your e-mail address and a mobile phone number. Synkt Games reserves the right, in its sole discretion, to change and/or suspend/terminate usernames or member names as we deem fit.
2.7 ACCURACY OF INFORMATION
If you have questions regarding privacy issues, contact us here.
Synkt Games reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Synkt Games uses e-mail, SMS and / or push notifications to notify you of special promotions, events and policy changes. New members are automatically opted-in to receive all types of communications. You have the choice to opt-in or opt-out of receiving e-mails at any time by sending such a request here.
2.9 DIGITAL MILLENIUM COPYRIGHT ACT POLICY
Synkt Games makes a conscious effort to ensure all content posted is in compliance with the Digital Millennium Copyright Act (DMCA). We understand that, while we take appropriate measures to ensure that all posted content is compliant with the DMCA, cases that violate the DMCA may still occur. In the event that copyrighted material is posted without the express permission of the copyright holder, we shall remove said content upon the request of the copyright holder. A copyright holder or a person authorized to act on behalf of the copyright holder may request the removal of any infringing material by submitting a DMCA take down request.
The DMCA take down request must provide:
· A physical or electronic signature (i.e., /s/NAME) of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed.
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material.
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Our agent designated to receive claims or copyright or other intellectual property infringement may be contacted as follows:
Synkt Games, Inc.
1951 NW 7th Ave Suite 600
Miami, FL 33136
2.10 ACCOUNT RESTRICTIONS
You may establish only one (1) account per person and per unique device to participate in the activities offered on the Mobile App. Synkt Games reserves the right to monitor all activities on the Mobile App, including without limitation, any effort to establish multiple accounts. In the event Synkt Games discovers that you have opened more than one (1) account per person or per unique device all additional accounts will be closed without notice and any fraudulently acquired funds will not be eligible for withdrawal. Continued violation will result in the termination of any and all of your accounts. Synkt Games also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers or people and/or IP addresses residing in certain geographical areas.
2.11 FRAUD AND ABUSE
Synkt Games, at its sole discretion, may disqualify any entrant from a Taka Contest (as defined below), refuse to award benefits or prizes and require the return of any prizes if the entrant engages in conduct Synkt Games deems to be improper, unfair, otherwise adverse to the operation of its business, or in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
· Falsifying personal information required to enter a Taka Contest or claim a prize;
· Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Taka Contest or claim a prize;
· Colluding with any other individual(s) or engaging in any type of syndicate play (aka win trading);
· Accumulating cash or prizes through unauthorized methods such as automated scripts, bots, bots abuse, and/or exploiting a bug or system flaw for personal or familial gain;
· Creating multiple accounts from any unique device used to participate in a Contest;
· Using automated means (including but not limited to writing scripts to harvest bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Mobile App or of any user for any purpose;
· Tampering with the administration of a Taka Contest or trying to in any way tamper with the computer programs or any security measure associated with a Taka Contest;
· Obtaining other entrants information and spamming other entrants; or
· Abusing the Mobile App in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Synkt Games from initiating or participating in legal proceedings in connection with such conduct.
2.12 EQUIPMENT AND SERVICE CHARGES
In order to visit the Mobile App and use the service, you must obtain access to the internet, either directly or through devices that access mobile content, and pay any service fees and/or data charges associated with such access. In addition, you are responsible for providing all equipment necessary to make such connection to the internet, including, but not limited to, a computer or mobile device.
Except as expressly stated otherwise, any notices to Synkt Games shall be made by registered mail to:
1951 NW 7th Ave Suite 600
Miami, FL 33136Notices to you may be mailed to the postal address or by electronic mail to the e-mail address you provided during registration. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
3.1 TAKA CONTENT
Subject to the terms and conditions of the Agreement, the Mobile App Members that possess the requisite technology shall have the opportunity to view and listen to all of the sports-related and other media (downloaded, streaming or samples), statistics, software, text, images, graphics, user interfaces, audio, trademarks, logos, artwork and other content featured on the Mobile App (collectively, “Content”) as compiled, distributed and displayed by Members, Taka, as well as third party websites/services/entities (collectively, “Third Party Providers”) that provide sports-related news and information on the Mobile App via updated news feeds (“News Feeds”).
3.2 TAKA CONTESTS
By registering as a Member on the Mobile App, agreeing to the Agreement and receiving approval from Synkt Games, you can utilize the Mobile App’s many products, services and other features including, but not limited to: (a) viewable Content and News Feeds; (b) interactive features designed to foster interaction between you and other Mobile App Members, such as chats, friending, and Member comments sections (“Interactive Services”); and (c) a suite of daily, weekly and bi-monthly sports-based contests involving players from professional soccer, baseball, basketball, football, hockey, and other sports (collectively, “Taka Contests”). The Taka Contests can either be played for with an entry fee, with a chance to win cash prizes (“Pay Contests”) or for free (“Free Contests”), with a chance to win a complimentary entry for admission to certain Pay Contests. As a condition of your participation in the Mobile App, your Free Contest entries are limited to 3 per day. Any Free Contest entry received in excess of this limit may be disqualified by Synkt Games at its sole discretion. Additionally, Synkt Games reserves the right to prohibit any conduct by Members or to remove any materials or Content posted by Members to the Interactive Services or other areas of the Mobile App that Synkt Games deems, in its sole and absolute discretion, to be in violation of the Agreement or which Synkt Games believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Synkt Games to harm, damage to reputation or liability including vulgar user names and email addresses. Notwithstanding the foregoing, Synkt Games undertakes no responsibility to monitor or otherwise police the actions of Members, Content, News Feeds and/or other material posted by Members.
3.2.1 GAME OF SKILL
The Taka Contest is a game of skill. It may not be used in connection with any form of gambling. The Taka Contest is not a sweepstakes subject to odds or any type of random selection of winners. Winners are determined by the criteria stated in the Taka Contest rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events and none are based on the results of any single, real world team or any individual athlete’s performance. All entries in the Taka Contest must be made up of players drawn from a minimum of two sporting events. All prizes and awards are predetermined and made known to participants before the start of a contest.
Periodically, Synkt Games will make Taka Contests available to Members. The Taka Contests shall vary in duration, lasting either one (1) day, one (1) week, two (2) weeks or such other interval as determined by Synkt Games (“Contest Duration”), as predetermined and set forth in the rules that apply to the applicable Taka Contest (each, “Contest Rules”). In connection with Pay Contests, Members must pay the applicable entry fee in advance of that Taka Contest’s start time (“Entry Fee”). The Entry Fee will be predetermined and set forth in the applicable Contest Rules. In connection with Free Contests, Members must register for the Taka Contest before the applicable Taka Contest’s start time.
SYNKT GAMES IS NOT RESPONSIBLE FOR ATTEMPTED TAKA CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED TAKA CONTEST. IF YOU FAIL TO ENTER A TAKA CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT TAKA CONTEST.
3.2.3 SCORING AND PRIZES
Each entrant will earn points based on the performance, during the applicable Contest Duration, of the Pro Players that were drafted on their team. The specific scoring system for each Taka Contest, and the number of winners, will be predetermined and set forth in the applicable Contest Rules. Synkt Games will tally the Points for each Taka Contest based on the reporting of Pro Player performance provided by each professional sporting league. The winner(s) of the Pay Contests, as determined by Taka, may receive a monetary prize.
No substitution or transfer of prize is permitted. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Synkt Games reserves the right in its sole discretion to determine whether or not to award such prizes.
ALL DETERMINATIONS BY SYNKT GAMES WITH RESPECT TO POINTS, WINNERS, PAYOUTS AND COINS WILL BE MADE IN SYNKT GAMES SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU. YOU UNDERSTAND AND AGREE THAT SYNKT GAMES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO USE THE LETSRUBML CONTESTS.
3.3 PRIZE TAXES
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Winners should file appropriate tax filings with local and federal governments
From time-to-time, our Mobile App may offer promotional prizes and other awards. By providing true and accurate information in connection with the applicable Sweepstakes registration form and agreeing to the rules applicable to each Sweepstakes, you can obtain, or attempt to obtain, the promotional prizes and other awards offered through each Sweepstakes. You understand and agree that Taka shall not be liable to you or any third party for any claim in connection with your participation in any of the Sweepstakes.
4 LIMITATION OF LIABILITY
4.1 GENERAL DISCLAIMER
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY EXPERIENCE OFFERED ON THE SITE, YOU AGREE THAT: (1) WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2) WE ARE NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) WE ARE NOT LIABLE OR RESPONSIBLE FOR LOSSES DUE TO VIOLATIONS OF THE TERMS AND CONDITIONS BY OTHER MEMBERS OR USERS; AND (4) WE HAVE NO RESPONSIBILITY TO ENFORCE THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER OR MOBILE DEVICE, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
4.2 NO WARRANTY
THIS SITE ITSELF, AND ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
By using the Mobile App or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless Synkt Games and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
4.4 CREDIT CARD USE
You must be at least eighteen (18) years of age or the age of majority under the applicable law of your jurisdiction, whichever is greater to participate on the Mobile App and you agree that we are not liable for any loss caused by any unauthorized use of your payment information by any third party in connection with the Mobile App. Any attempt to defraud Synkt Games through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account and active pursuit of civil litigation and/or criminal prosecution. We reserve the right to provide refunds of completed purchases.
In order to be eligible for a refund you must notify us within 24 hours after a transaction is completed. You must also retain the full balance of cash so that we can debit or remove these from your account. In the event you have used some or all of the cash deposited you will not be eligible for any refund.
4.5 HACKING, TAMPERING, OR UNAUTHORIZED ACCESS
By registering for an account and/or participating in any experience offered on the Mobile App, you agree that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Mobile App or your account.
Any attempt to gain unauthorized access to the Mobile App's systems or any account, interfere with procedures or performance of the Mobile App, or deliberately damage or undermine the Mobile App is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any currency or prizes to which you are otherwise entitled.
Any attempt to participate in any experience offered on the Mobile App by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Mobile App, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all virtual currency or prizes to which you might otherwise be entitled.
4.6 ENTRY ERRORS
Synkt Games is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Synkt Games is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Taka Contests, including without limitation (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.
4.7 ACCOUNT FOR INDIVIDUAL USE ONLY
4.8 ACCOUNT TERMINATION
THE SECTION TITLES IN THESE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
5 PROTECTION & RESPONSIBILITY
At Taka, we are committed to protecting our players and promoting responsible play. We take both very seriously and have included some suggestions for protecting your account and responsible gaming.
5.1 IDENTITY THEFT PROTECTION
We listed several points that will help protect your account from unauthorized access:
· Only create one account per device and per person
· Keep your password to yourself
· Consider using letters, numbers and/or symbols
· Longer passwords are stronger (up to 24 total characters)
If you have any concerns, complaints, or believe your account is compromised, please contact us for support.
If you wish to disable your account for any reason, you only need to contact us here and let us know that you would like us to prohibit your access to your account. Here is how the process works:
· Let us know how much time you need (1 month, 3 months or a year).
· All your uncommitted funds will be available for withdrawal if you contact customer support.
· Thereafter, you will not be able participate in cash contests in your Taka account until the time you have requested has expired.
· You can deselect receiving emails to avoid any marketing materials from reaching you.
If you would like to return and play at the end of your self-exclusion period, please contact us and we will evaluate on an individual basis.
Additionally, we recommend that you contact any other daily fantasy sports sites you may play with and request an exclusion from there as well.
5.3 DEPOSIT LIMITS
Taka may restrict the number of contests played per calendar month.
5.4 HELP IF NEEDED
We rely on skilled organizations to support our players who need help with addiction. If you are concerned about managing your play on Taka, can assist you to find an organization near you to assist, please contact our help desk.
5.5 PARENTAL CONTROLS
In order to enable restrictions on use, please consult your mobile phone operating system to establish restrictions.