1. Introduction
Welcome to the LuckyDraw Platform (“Platform”), a service provided by ROI Group Inc., a Delaware C-Corporation ("The Provider"). These Terms and Conditions ("Terms") govern your use of the Platform and participation in any promotions, contests, or draw-based competitions ("Promotions") made available through the Platform. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
2. Eligibility
By using the Platform, you represent and warrant that you meet the eligibility requirements. The Provider reserves the right to verify your eligibility at any time. Employees, officers, and directors of ROI Group Inc., its affiliates, subsidiaries, and the respective family members of such employees are not eligible to participate in any Promotions.
3. No Purchase Necessary
No purchase is necessary to enter or win any Promotion on the Platform. Making a purchase will not increase your chances of winning. Participation in Promotions is free of charge.
4. Code of Conduct
By using the Platform or participating in any Promotion, you agree to adhere to the following Code of Conduct. Any violation of this Code of Conduct may result in the suspension or termination of your account and forfeiture of any prizes won.
a. Compliance with Laws: All users must comply with all applicable local, national, and international laws while using the Platform or participating in any Promotion. Any activity, conduct, or content that encourages, features, promotes, or solicits illegal activity is strictly prohibited.
b. Prohibited Conduct:
5. Promotion Terms
Promotions are provided by third parties (“The Client”), who are responsible for providing the prizes. Each Promotion may have additional specific terms and conditions that will be made available to participants. By entering a Promotion, you agree to comply with those specific terms in addition to these Terms.
6. Use of the Platform
You agree to use the Platform in a manner consistent with all applicable laws and regulations. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
7. Account Registration
To participate in Promotions, you may be required to create an account on the Platform. You must provide accurate and complete information during the registration process and keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
8. Prizes
Prizes for Promotions are provided by The Client. The Provider is not responsible for the fulfillment of prizes and does not guarantee the delivery, quality, or condition of the prizes. Any issues or disputes related to prizes should be directed to The Client responsible for the specific Promotion.
9. Winner Selection and Notification
Winners will be selected randomly from all eligible entries received for a Promotion. The method of winner selection will be described in the specific terms for each Promotion. Winners will be notified via the contact information provided during account registration. The Provider is not responsible for any failure to receive a prize notification due to incorrect or outdated contact information.
10. Publicity
By accepting a prize, you agree that The Provider and The Client may use your name, likeness, and biographical information for promotional purposes without further compensation, unless prohibited by law.
11. Limitation of Liability and Release
To the fullest extent permitted by law, you expressly agree that your use of the Platform and participation in any Promotions is at your sole risk and that the Platform and all content, materials, information, products, and services provided on the Platform are provided on an "as is" and "as available" basis.
a. No Warranties: The Provider, The Client, and their respective officers, directors, employees, agents, affiliates, and partners (collectively, "Released Parties") expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
b. No Liability: Under no circumstances will the Released Parties be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind (including, but not limited to, loss of profits, loss of data, business interruption, or other intangible losses), whether based on contract, tort (including negligence), strict liability, or any other legal theory, arising out of or in connection with your use of or inability to use the Platform, participation in any Promotion, or any prize awarded in connection with a Promotion, even if the Released Parties have been advised of the possibility of such damages.
c. Full and Final Release: By using the Platform and participating in any Promotion, you hereby fully and forever release, discharge, and hold harmless the Released Parties from any and all claims, demands, losses, damages, rights, and causes of action of any kind or nature, known or unknown, which you may have or may hereafter accrue against the Released Parties, arising out of or relating in any way to your use of the Platform, participation in any Promotion, or any prize awarded in connection with a Promotion. This release is intended to be a full and final release of all claims against the Released Parties, including those that you do not know or suspect to exist in your favor at the time of agreeing to this release.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
13. Modifications
The Provider reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform following the posting of changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.
14. Termination
The Provider may, at its sole discretion, suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease, and you must cease all use of the Platform.
15. Governing Law
These Terms, and any disputes arising out of or related to the Platform or Promotions, shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.
16. Arbitration and Waiver of Class Action
By participating in any Promotion on the Platform, you agree that any disputes, claims, or controversies arising out of or relating to the Platform or any Promotion shall be resolved solely by binding arbitration in accordance with the rules of the American Arbitration Association. You further agree that you are waiving your right to a trial by jury and to participate in any form of class or collective action, whether individually or as a part of a class, against the Released Parties. The arbitration will take place in Delaware, USA, and the arbitrator’s decision will be final and binding. Each party will bear its own costs in the arbitration, except that the arbitrator may, in his or her discretion, award reasonable costs and attorney’s fees to the prevailing party.
17. Contact Information
If you have any questions about these Terms, please contact us at:
ROI Group Inc.
8 The Green #17191, Dover, DE 19901 USA
786-937-1010
info@luckydraw.group
18. Entire Agreement
These Terms constitute the entire agreement between you and The Provider regarding the use of the Platform and supersede any prior agreements or understandings, whether written or oral, regarding the subject matter herein.
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.