Terms and Conditions
Last Updated: October 16, 2026
These Terms and Conditions form a binding legal agreement between you and VB America, Inc. ("VB America") regarding your use of the website https://vegasbonanza.com/ (the "Website"), and all services related thereto, including, but not limited to, any and all subdomains, subpages, mobile versions, and successor sites thereof (collectively, the "Services").
IMPORTANT NOTICES
ARBITRATION AGREEMENT
ALL DISPUTES REGARDING YOUR USE OF THE WEBSITE ARE SUBJECT TO ARBITRATION ON AN INDIVIDUAL BASIS. SEE PROVISIONS REGARDING "DISPUTE RESOLUTION AND ARBITRATION AGREEMENT" BELOW FOR MORE INFORMATION.
ENTERTAINMENT ONLY
THE WEBSITE DOES NOT OFFER REAL MONEY GAMBLING, AND IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. NO ACTUAL MONEY IS REQUIRED TO PLAY AND NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY IN ORDER TO PARTICIPATE IN ANY GAMES OR USE THE WEBSITE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING ANY GAMES ON THE WEBSITE.
You must read these Terms and Conditions carefully before checking the box for acceptance and/or otherwise using the Website. By using the Website or by clicking to accept or agree to these Terms, or by otherwise accessing the Games or registering an Account, you confirm that you have the right, power, and legal capacity to accept these Terms and Conditions and that you have read, accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy, Responsible Social Gaming Policy, Sweepstakes Rules, and all other terms relating to your use of the Website. If you do not want to agree to the aforementioned terms, or any other policy relating to your use of the Services, you must not access or use the Website.
VB America reserves the right to amend the Website, and any service or material we provide on the Website, in our sole discretion, without notice, at any time. VB America will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
1. DEFINITIONS {#defenitions}
Account means an account held by a Registered User.
{#excluded-territory}
Excluded Territory means the state of Arizona, California, Connecticut, Delaware, Idaho, Illinois, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, Nevada, New Jersey, New York, Washington, Washington D.C., Arkansas, Kentucky, Maryland, Minnesota, Tennessee and West Virginia in the United States, and any other jurisdiction outside of the United States.
Game means any one or more Gold Coin (GC Mode) Game(s) or Sweepstakes Coin (SC Mode) Game(s) available on the Website. VB America reserves the right to add and/or remove Games from the Website at our sole discretion. VB America may stop (permanently or temporarily) providing any Games or any features within the Games provided on the Website. There is no purchase necessary to enter into or play any Game offered on the Website.
Gold Coin (GC) means the virtual social gaming currency offered by the Website that enables you to participate in Gold Coin (GC Mode) Games. Gold Coins (GC) have no real-world monetary value, and cannot under any circumstances be redeemed for prizes, cash, or any other form of currency.
Gold Coin (GC Mode) Game means any game played with Gold Coins (GC). Gold Coin (GC Mode) Games are social games provided for entertainment purposes only.
Payment Provider means any third party retained to accept payment from any Participant.
Participant or you means any person who participates in Games provided on the Website.
Prizes means prizes won from playing a Sweepstakes Coin (SC Mode) Game. Prizes are redeemable subject to these Terms and Conditions and our Sweepstakes Rules.
Registered User means a Participant who has successfully registered an Account.
Sweepstake Coins (SC) means the virtual free sweepstakes entries used to play Sweepstakes Coin (SC Mode) Games.
Sweepstakes Rules means the Sweepstakes Rules available on the Website.
Sweepstakes Coin (SC Mode) Games means any game played with Sweepstake Coins (SC). Only Sweepstake Coins (SC) actually won from participating in a Sweepstakes Coin (SC Mode) Game (rather than collected using one of the free alternative methods offered by the Website) are eligible to be redeemed for prizes. Sweepstakes Coin (SC Mode) Games are played subject to these Terms and Conditions and our Sweepstakes Rules.
Third Party Websites means a third party website not controlled by, or affiliated with, VB America.
2. OPERATOR
2.1 Company Information
The Website is owned and operated by VB America, Inc.
3. ELIGIBILITY
3.1 User Representations and Warranties
By registering an Account and/or otherwise participating on the Website, you represent and warrant that:
(a) You are at least 21 years of age or such higher minimum legal age of majority in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Website;
(b) You do not reside in or access the Website from any Excluded Territory;
(c) You are participating in the Games in your personal capacity strictly for recreational, amusement, and entertainment purposes only;
(d) All information that you provide to us is accurate and complete, and you will immediately notify us of any change to such information; and
(e) You will not engage in any unlawful or prohibited activity in relation to your use of the Services and you will not use any software-assisted methods or techniques (including, but not limited to, bots designed to play automatically) for your participation in any of the Games. You acknowledge that we reserve the right to invalidate any participation in any Game and/or terminate your Account in the event of such behavior.
3.2 Legal Compliance and Geographic Restrictions
VB America does not provide real-money gambling services and the Games are not meant to be used in relation to any gambling activity. VB America offers entertaining online social casino games and related sweepstakes promotions not meant to trigger the prohibitions imposed by state and federal gambling laws in those states where VB America operates the Website. You agree not to use the Website if doing so would violate the laws of your state, province, or country. It is the Participant's responsibility to ensure that his/her participation on the Website is lawful in their jurisdiction. Any person who knowingly accesses the Website in an Excluded Territory or commits any act in violation of the representations and warranties set forth herein, including any attempt to circumvent any geo-fencing and/or other restrictions put in place by the Website, shall be in breach of these Terms and Conditions and may be subject to civil and/or criminal liability as a result thereof.
3.3 Employee Exclusion
Employees of VB America, any of their respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) are not eligible to win any Prize(s) offered by the Website.
4. ACCESS TO WEBSITE
4.1 License Grant
Subject to your agreement and continuing compliance with these Terms and Conditions, VB America grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Website and all services provided in relation thereto, solely for your personal and private entertainment and no other reason. You accept and agree that your license to use the Services is limited to these Terms and Conditions, and if you breach or act in contravention of these Terms and Conditions, your license to use the Services may be immediately terminated at our sole discretion.
4.2 License Limitations
You acknowledge and agree that your license to use the Website is limited by these Terms and Conditions and if you do not agree to, or act in violation of, these Terms and Conditions, your right to use the Website and all services provided in relation thereto may be immediately terminated.
4.3 Risk Assumption and Legal Restrictions
You assume all risk relating to your use of and/or access to the Website. In the event the Services are deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to use the Services and must refrain from accessing the Website. Any use of the Services in any jurisdiction where access to the Services is prohibited (including, without limitation, any Excluded Territory) shall be deemed void as a matter of law.
5. REGISTERED ACCOUNT
5.1 Single Account Policy
You may have only one Account on the Website. If we discover that you have opened more than one Account or are sharing an Account with anyone else, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke any Prizes (including, without limitation, any pending redemptions).
5.2 Account Information Updates
You agree to keep your registration details up to date at all times.
5.3 Account Security
It is your sole and exclusive responsibility to ensure that your Account login details and any payment methods are kept secure and are only accessible by you. You should not share your Account or password with any another person. If you become aware, or reasonably suspect that, your Account has been compromised in any way, you must notify us immediately. You are solely responsible for anything that happens through your Account, whether or not you undertook those actions. You acknowledge that your Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions. You acknowledge that in no event shall VB America be responsible for any abuse or misuse of your Account due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental.
5.4 Transfer Restrictions
You are not allowed to transfer Gold Coin (GC) or Sweepstake Coins (SC) or to transfer, sell and/or acquire Accounts. Any attempt to do so will result in the automatic termination of your Account.
5.5 Inactive Account Deactivation
VB America reserves the right to deactivate your Account in the event your Account has been inactive for a period of at least twelve (12) months. In the event of deactivation, you acknowledge that all unredeemed Prize(s) associated with your Account are subject to forfeiture in accordance with applicable law(s).
5.6 Account Termination by User
If you wish to terminate your Account, you may do so at any time via the Website or by emailing [email protected]. Terminating your Account will result in immediate forfeiture of any Gold Coin (GC), Sweepstake Coins (SC), and/or unredeemed Prizes associated with your terminated Account.
5.7 Account Termination by VB America
VB America may suspend or delete your Account or any licenses granted herein, at any time, where we have reason to believe that your use of the Services is in violation of these Terms and Conditions and/or applicable law(s), as determined in our sole discretion.
5.8 PHONE VERIFICATION AND SMS MESSAGES
Account Security
As part of our account security measures, you may be required to verify your phone number ownership by receiving a one-time verification code via SMS.
SMS Consent
By providing your phone number for verification purposes, you consent to receive transactional SMS messages containing verification codes. These messages are sent only when necessary for account verification and security purposes.
Marketing Messages
We may send you marketing communications about our Services by email, SMS and push notification, including promotions, offers, bonuses, and other communications that may be of interest to you. If you would like to update your marketing communication preferences at any time, you may follow the opt-out instructions contained in the applicable communication or contact us at [email protected].
Message Frequency
The frequency of SMS messages may vary depending on your account activity and marketing communication preferences.
Message and Data Rates
Standard message and data rates from your mobile carrier may apply to SMS messages.
Marketing Preferences
If you opt out of receiving marketing messages, you may still receive service, transactional, verification, or account administration messages directly related to your use of the Services.
For questions about phone verification or SMS communications, contact [email protected]
6. GOLD COIN PURCHASES
6.1 Purchase Requirements
No purchase of Gold Coins (GC) is required to set up an Account or play any Games. In the event of purchase of Gold Coins (GC), you are responsible for all transaction fees, taxes, charges and/or other related costs that may be incurred relating thereto.
6.2 Payment Method Verification and Free Gold Coin Collection
You represent and warrant that you are the lawful owner of any payment method used by you to make any purchase(s) on the Website. It shall be a violation of these Terms and Conditions for you to use any payment method that is not owned by you. VB America reserves the right to suspend and/or terminate your Account without notice upon being notified that any purchase made with your Account is charged back and/or was not made in the name of the person registered to the Account. VB America reserves the right to request documents and/or other necessary information to verify the legal and beneficial ownership of the payment method used by you to make purchases. In the event of a dispute regarding the identity of the person making a purchase, the purchase will be deemed made by the person in whose name the Account is registered.
You acknowledge that no purchase is necessary in order for you to participate in any Games. You may collect free Gold Coins (GC) via numerous ways, including, without limitation:
Registering an Account and "Daily Bonus" Giveaways
Each user will automatically receive free Gold Coins (GC) upon registering an Account on the Website. Each user will also receive free Gold Coins (GC) whenever the user logs into his/her account and elects to claim a "daily bonus." The specific number of free Gold Coins (GC) provided may vary depending on the day; however, the amount thereof will be clearly and conspicuously displayed on the Website. The ability to claim a "daily bonus" and/or participate in a daily spin shall automatically reset on a twenty-four (24) basis.
Participation in Gold Coin (GC Mode) Games
You may earn Gold Coin (GC) from participating in and/or winning Gold Coin (GC Mode) Games.
Website Giveaways
You may receive free Gold Coin (GC) by participating in giveaways hosted on the Website and/or through other promotions affiliated with VB America from time to time. Giveaways will be at no cost and the amount of Gold Coin (GC) given away will be stated for each giveaway. The terms of any giveaway will be clearly and conspicuously displayed on the Website.
6.3 Payment Provider Terms
VB America utilizes one or more Payment Providers and you may be required to agree to additionally terms and conditions directly with such Payment Providers. It is your sole responsibility to review and understand any applicable terms and conditions of any Payment Provider. You agree that we and/or our Payment Providers may store your payment information to process future purchases. You must promptly inform our Payment Providers of all changes, including changes to your credit or debit card used in connection with billing or payment through the Website, if applicable. You are responsible for any credit card charge backs, dishonored checks, and/or other related fees that VB America incurs with respect to your Account, along with any additional fees or penalties imposed by our Payment Providers. In no event will we be liable to any Participant for any loss, damage or liability resulting from the Payment Provider's negligence and/or acts beyond the authority given by VB America.
6.4 Credit Policy
VB America will not extend you any credit to purchase Gold Coins (GC) or any other items that may be made available for purchase on the Website.
6.5 Purchase Limits
From time to time, we may assign a minimum or maximum value amount of purchases that may be made on the Website.
6.6 Purchase Terms and Dispute Resolution
All purchases are final and are not refundable, and Gold Coins (GC) are not transferable or exchangeable. You agree to notify us of any billing problems or discrepancies within thirty (30) days from the date of your purchase. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies. You agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and/or any other liability incurred by us (including costs and related expenses) that were caused by or arise out of payments that you authorized or accepted or that were authorized or accepted using your Account (even if not authorized by you).
6.7 Gold Coin Value
Purchasing Gold Coins (GC) allows you to participate in Gold Coin (GC Mode) Games. A purchase is not a deposit of funds that can be withdrawn. Gold Coins (GC) are not redeemable and do not carry any real money value.
6.8 Chargeback Policy
VB America reserves the right to suspend your Account if you have one or more purchases returned or charged back. In the event of any return or charge back, the amount of such purchases will constitute a debt owed by you to us and you must immediately remit payment for such purchases through an alternative payment method. Until payment is received by us or our Payment Provider, any purchases and/or winnings will be deemed void and requests to redeem Prizes will not be allowed.
7. GAMEPLAY
7.1 Game Participation Requirements
You may participate in any Game only if you have sufficient Gold Coin (GC) or Sweepstake Coins (SC) (as applicable) in your Account. Gold Coin (GC) or Sweepstake Coins (SC) that have been submitted for play will be automatically deducted from your Gold Coin (GC) or Sweepstake Coins (SC) balance upon initiating gameplay.
7.2 Game Voidance
VB America reserves the right to declare participation in and/or the result of a Game void, in our sole discretion, if we discover that there was any mistake, malfunction, failure to operate as intended, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.
8. PROMOTIONS
8.1 Promotion Governance
All Sweepstakes Coin (SC Mode) Games and/or other promotions, contests, special offers and bonuses made available on the Website are subject to these Terms and Conditions, the Sweepstakes Rules and any additional rules or policies that may be published in relation to the applicable promotion.
8.2 Term Conflicts
In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will apply.
8.3 Promotion Management Rights
VB America reserves the right to: (i) withdraw or modify any promotions, and/or (ii) exclude and/or otherwise limit your ability to participate in any promotion if we believe your participation therein violates these Terms and Conditions and/or applicable law(s), each without prior notice to you and as determined in our sole discretion.
8.4 Promotion Abuse
If, in the reasonable opinion of VB America, it is determined that you are abusing any promotion to derive any advantage or gain for yourself or any other party, we may, in our sole discretion, withhold, deny or cancel any advantage, bonus or Prizes earned by you as we see fit.
9. VERIFICATION
9.1 Verification Requirements
You acknowledge that VB America, or a third party acting on our behalf, may conduct any verification checks (including but not limited to age and identity verifications, proof/source of income, and credit background checks) as deemed necessary and/or that are required of us pursuant to applicable laws and regulations or by relevant regulatory authorities and you agree to comply with all verification checks in a timely manner. VB America reserves the right to restrict your ability use the Services pending the outcome of any verification checks. In the event that any verification check cannot be completed for any reason, including VB America reserves the right to terminate or otherwise restrict your Account.
9.2 Geo-location Verification
VB America may use third party service providers for the purpose of receiving geo-location information to verify that you are not accessing the Website from an Excluded Territory. You must enable "Locations Services" on your device in order to fully access the Services. In the event you refuse or disable "Locations Services" and/or VB America is otherwise unable to verify your eligibility, you acknowledge such may result in your inability to access the Services without prior notice to you.
9.3 Pending Verification Restrictions
Until all required verification checks are completed to our satisfaction:
(a) Any request you have made for redemption of Prizes will remain pending; and
(b) VB America reserves the right to restrict your Account in any manner that we may reasonably deem appropriate, including by suspending your Account.
9.4 Verification Failure Consequences
Where any identification, credit or other verification check we require cannot be completed to our satisfaction because you have not provided any document we request from you in the form that we require within 30 days of the date the document was first requested, you acknowledge that we are under no obligation to continue with the verification check and may, in our sole discretion, deactivate your Account. In the event thereof, all unredeemed or pending Prize(s) associated with your Account shall be subject to forfeiture.
9.5 Third Party Credit Checks
VB America reserves the right to run external verification checks on all cardholders with third party credit agencies.
10. RESPONSIBLE SOCIAL GAMING
10.1 Responsible Gaming Resources
VB America encourages Participants to practice responsible gaming. For more information, please visit our Responsible Social Gaming Policy, found at https://vegasbonanza.com/responsible-social-gaming.
11. PROHIBITED CONDUCT
11.1 Prohibited Activities
You agree that you will only use the Services in accordance with these Terms and Conditions. By registering an Account and/or otherwise accessing the Services, you agree that you will not, directly or indirectly:
(a) Hack into any part of the Games or Website through password mining, phishing, or any other means;
(b) Attempt to modify, reverse engineer, or materially interfere with any part of the Games or Website;
(c) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(d) Circumvent the presentation or function of any Game;
(e) Engage in any form of cheating or collusion;
(f) Use the Website to facilitate any type of illegal money transfer (including money laundering proceeds of crime);
(g) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(h) Use any device, software or routine that interferes with the proper working of the Website;
(i) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
(j) Engage in any activity that violates any applicable federal, state, local or international law or regulation;
(k) Attempt to interfere with the proper working of the Website or any Game;
(l) Use the Website for any purpose other than as offered by us; or
(m) Use the Website for any unlawful activity under the laws of any jurisdiction that applies to you.
11.2 Consequences of Prohibited Conduct
If VB America suspects that you may be engaging in, or have engaged in any prohibited conduct, your access to the Services may be immediately suspended or terminated. If your Account is deactivated or suspended under such circumstances, VB America is under no obligation to refund any Gold Coin purchases you have made or to redeem any Prizes that may be in your Account.
12. INTELLECTUAL PROPERTY
12.1 Ownership Rights
The Website and all features (including but not limited to all Games, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) relating thereto, are owned by VB America, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
12.2 Use Limitations
Your use of the Services does not provide you with any ownership in any intellectual property rights in the Website or any services provided in relation thereto. You may not reproduce or modify the Website in any way.
12.3 Account and Virtual Currency Ownership
You further acknowledge and agree that you shall have no ownership or other property interest in your Account, or any Gold Coins (GC) or Sweepstakes Coins (SC) associated therewith, and that all rights in and to your Account and any Gold Coins (GC) or Sweepstakes Coins (SC) associated therewith shall forever be owned by and inure to the benefit of VB America.
12.4 User Content License
You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments/messages, music or profiles you publish or upload to any website or social media page controlled and operated by VB America.
12.5 Rights Reservation
All rights not expressly granted herein are reserved by VB America. Any use of the Services not expressly permitted by these Terms and Conditions shall constitute a breach hereof and may violate copyright, trademark and/or other laws.
12.6 Trademark Protection
All trademarks, names, and logos displayed in the Games and/or on the Website are the property of VB America and/or their respective owner and are protected by applicable trademark and copyright laws. You must not use such marks for any commercial purpose without the prior written permission of VB America and/or its respective owners.
13. THIRD PARTY WEBSITES
13.1 Third Party Resources
The Website may include and/or contain links to Third Party Websites and/or other resources provided by third parties for your convenience only. You acknowledge and agree that VB America has no control over the contents of any Third Party Website or resources, and shall not be responsible for any loss or damage that may arise from your use thereof. Any links to Third Party Websites do not indicate that VB America is affiliated with and/or sponsors or endorses any goods or services offered by such Third Party Website.
13.2 Third Party Terms and Risk
Third Party Websites are subject to the terms and conditions outlined by such third party. You are solely responsible for the reviewing and understanding the terms and conditions relating to your use of any Third Party Website. If you decide to visit any Third Party Website or other third party resources linked to the Website, you acknowledge that you do so entirely at your own risk and subject to the terms of use for such Third Party Websites.
14. DISRUPTIONS
14.1 Service Disclaimer
The Services are provided "AS IS" and, to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the quality, fitness for purpose, completeness or accuracy of the Website.
14.2 Technical Issues
VB America is not liable for any downtime, service disruptions, lagging, or any technical issues relating to gameplay, nor attempts by you to participate by methods, means or ways not intended by us.
14.3 Website-Related Damages
VB America accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Website including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, and/or any person's misuse of the Website.
14.4 Malfunction Consequences
In the event of a Website malfunction, all gameplay on the Website relating thereto is void.
14.5 Game Recovery Procedures
In the event a Game is started but fails to conclude because of any Website failure or failure of any Game functionality, VB America will use commercially reasonable efforts to reinstate the amount of Gold Coin (GC) or Sweepstake Coins (SC) played (whichever applicable) in the Game to you by crediting it to your Account; provided, VB America's failure to do so shall not be considered a breach of these Terms and Conditions or otherwise entitle you to any relief pertaining thereto. VB America reserves the right to alter Account balances and details to correct Website mistakes.
14.6 Suspicious Activity Management
Any part of the Games that indicates or lends to suspicious Participant behavior (as determined in VB America's sole discretion) affecting Prize redemption, game data, gameplay, Gold Coin balances, Sweepstake Coins (SC) balances or other balances, for whatever reason (including, but not limited to, Participant taking advantage of any software failure, malfunction, or bug affecting the Website and/or any Game), will be canceled and removed from the Website. Account balances and details may be altered by VB America in such cases in order to correct any mistake.
14.7 Service Modification Rights
VB America reserves the right to suspend, modify, remove or add Games and/or any other services or features to the Website at its sole discretion with immediate effect and without notice to you.
14.8 Temporary Suspension Rights
VB America may temporarily suspend the whole or any part of the Website or any Game for any reason at our sole discretion. VB America may, but will not be obliged, to give you notice as is reasonably practicable of such suspension.
15. PRIVACY POLICY
15.1 Information Management
All information you provide to us shall be managed in accordance with the terms set forth in our Privacy Policy, found at https://vegasbonanza.com/privacy-policy.
16. COMPLAINTS
16.1 Contact Information
If you have a complaint regarding our Website, you may contact us by emailing [email protected].
17. DEACTIVATION/SUSPENSION OF ACCOUNT
17.1 General Deactivation Rights
VB America reserves the right to deactivate or suspend your Account without notifying you should we determine that your use of the Services violates these Terms and Conditions and/or applicable law(s).
17.2 Specific Deactivation Grounds
Without limiting clause 17.1 and/or any other provision contained in these Terms and Conditions, we reserve the right, at our sole discretion, to deactivate or suspend your Account where we have reason to believe that you have engaged in any of the following activities:
(a) You breached, or assisted another party to breach, any provisions of these Terms and Conditions or our Sweepstakes Rules, or we have reasonable ground to suspect such breach;
(b) You have more than one Account;
(c) The name registered on your Account does not match the name on the payment method used to make purchases on your Account;
(d) You provided incorrect or misleading information while registering an Account;
(e) Your identity and/or eligibility to receive any Prize(s) cannot be verified;
(f) You attempted to use the Services through a VPN, proxy or similar service that masks or manipulates the identification of your real location;
(g) You are not over 21 years of age or such higher minimum legal age of majority in the jurisdiction of your residence;
(h) You are located in a jurisdiction where participation on the Website is not permitted (including, without limitation, any Excluded Territory);
(i) You have allowed (whether intentionally or unintentionally) someone else to use your Account;
(j) You have colluded with any other Participant(s);
(k) Where VB America has received a chargeback, claim or dispute and/or a return notification relating to any payment method associated with your Account;
(l) You have failed our due diligence procedures, or are found to be cheating, money laundering, or undertaking any kind of fraudulent activity; or
(m) VB America determines that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots), which gives you an unfair advantage in using the Services.
17.3 User Liability for Violations
If VB America deactivates or suspends your Account for any of the reasons referred to in clause 17.2 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by VB America arising therefrom and you agree to indemnify and hold VB America harmless on demand for such claims.
17.4 Asset Recovery Rights
If we have reasonable grounds to believe that you have participated in any of the activities set out in clause 17.2 above, we reserve the right to withhold all or part of the balance and/or recover from your Account any Prizes, Gold Coin (GC) or Sweepstake Coins (SC), whether or not attributable to any of the activities contemplated in clause 17.2.
17.5 Fraudulent Activity Consequences
If your Account is deactivated due to fraudulent or illegal activity (including, any of the activities set out in clause 17.2), the unredeemed value of any Prizes allocated to your Account shall be forfeited.
17.6 Website Closure Protocol
If your Account is deactivated as a result of closure of the Website, we will utilize commercially reasonable efforts to enable redemption of any existing Prizes associated with your Account prior to closure, but all of your rights to use, enjoy or benefit from the Gold Coin (GC) and Sweepstake Coins (SC) will be terminated.
17.7 Additional Rights Preservation
The rights set out in this clause 17 are without prejudice to any other rights that we may under these Terms and Conditions or otherwise.
18. INDEMNITY AND LIMITATION OF LIABILITY
18.1 User Indemnification
You agree to indemnify and hold harmless VB America, our directors, officers, employees, shareholders, agents and affiliates, parent company and any of our subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from your use of the Services, including without limitation:
(a) Accessing or using the Website;
(b) Facilitating or making a purchase through your Account; and
(c) Acceptance and/or use of any Prize.
18.2 Damage Exclusions
To the fullest extent permitted by applicable law, under no circumstances whatsoever will we or our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, be responsible or liable to you or to any other entity, even if advised or the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including any lost profits and lost business opportunities, business interruption, lost revenue, income, goodwill, use of data or other intangible participation or any other act or omission by us.
18.3 Liability Cap
To the fullest extent permitted by applicable law, under no circumstance will we, our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors or suppliers, be liable to you for more than the amount you have paid to us in the thirty (30) days immediately preceding the date on which you first assert any such claim. Your sole and exclusive remedy for any dispute with us is to stop using the Services and to close your Account.
18.4 Limitation Acknowledgment
You recognize and agree that the warranty disclaimers in clause 14 and the indemnities and limitations of liability in clause 18 are material terms and that they have been taken into account and reflected in the decision by you to enter into and agree to these Terms and Conditions. Depending on where you reside and use the Website, some of the limitations contained in clause 18 may not be permissible. In such cases, they will not apply to you, solely to the extent that they are prohibited.
18.5 Survival Clause
Clause 18 shall survive the termination of your participation on the Website for any reason.
19. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Please read this clause carefully as it requires you to arbitrate certain disputes and claims on an individual basis and limits the manner in which you can seek relief from VB America. This clause will be constructed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions.
19.1 Scope of Arbitration
By agreeing to these Terms and Conditions, you agree that any and all past, present and future disputes, claims or causes of action between you and VB America or its related or affiliated companies, agents, employees or representatives, which arise out of or are related to, these Terms and Conditions, the formation of these Terms and Conditions, the validity or scope of this arbitration agreement, your participation or other access to or use of the Website, or any other dispute between you and VB America (collectively, "Disputes"), will be governed by the procedure set out below.
19.2 Pre-Arbitration Resolution
Before filing a claim against VB America, you agree to try to resolve any Dispute in accordance with clause 16.
19.3 Company Resolution Commitment
VB America agrees that it will take all reasonable efforts to contact you and resolve any Dispute prior to taking any formal action.
19.4 Arbitration Agreement
Arbitration Agreement. By agreeing to these Terms and Conditions, both you and VB America agree to resolve any Disputes through final and binding arbitration.
19.5 Opt-out Provision
Opt-out of Arbitration Agreement. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of registering your Account. Your email must include your first and last name associated with your Account and a statement that you decline this arbitration clause. By opting out of this clause, you will not be precluded from using the Services.
19.6 Arbitration Procedures
You and VB America agree that:
(a) The American Arbitration Association (AAA) will administer arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in effect at the time of arbitration is sought. Those rules are available at www.adr.org;
(b) Arbitration will proceed on an individual basis;
(c) Arbitration will be handled by a sole arbitrator in accordance with the AAA Rules;
(d) The AAA rules will govern payment of all arbitration fees; and
(e) Except as otherwise may be required by the AAA Rules, the arbitration will be held in the jurisdiction in which you reside, conducted via telephone or other remote electronic means.
19.7 Individual Basis Requirement
You and VB America agree that the arbitration of a Dispute will proceed on an individual basis. To the maximum extent permitted by applicable law, neither you nor VB America shall be entitled to consolidate, join or coordinate Disputes by or against other individuals or entities, or participate in any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity or otherwise seek to recover for losses incurred by a third party. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived.
20. GENERAL TERMS
20.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between us with respect to your use of the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us with respect to your use of the Services.
20.2 Modification Rights
VB America reserves the right to modify these Terms and Conditions, or to implement or amend any procedures, at any time, with or without notice. Any amendments will be published on the Website and such changes will be binding and effective immediately upon posting and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions constitutes your agreement to the changes.
20.3 Tax Responsibility
You are solely responsible for any taxes which apply to any purchases made or Prizes that you collect or redeem from participating on the Website.
20.4 Force Majeure
VB America will not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations under these Terms and Conditions or any other policy governing your use of the Services that is caused by events outside of our reasonable control.
20.5 Relationship Clarification
Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between us.
20.6 Severability
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
20.7 Contact Information
If you have any questions regarding these Terms and Conditions or any of our Services, please contact us [email protected].
20.8 Email Communications Authorization
You authorize VB America to email you notices, advertisements, and other communications. You understand and agree that such communications may contain information about the Website and related promotions. This authorization will continue until you request us to remove you from our email list.
20.9 Electronic Signature Agreement
You agree to be bound by any affirmation, assent, or agreement you transmit through the Website. You agree that when you click on an "I agree," "I consent," or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable as to the terms thereof and the legal equivalent of your handwritten signature.
20.10 Communication Hierarchy
The Terms and Conditions prevail over any communication between us via email or chat.
20.11 Assignment Rights
These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you, except with our prior written consent. VB America reserves the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
20.12 Governing Law
These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of Delaware without regard for its choice or conflict of law principles.