Terms of Service – Guezzin Premium Memberships

Last revised January 19, 2026

This agreement, including addendums, (collectively referred to as the "Agreement") is between you ("Member") and VPC Entertainment, Inc. dba Guezzin ("us", "we" or "Company"), and governs your use of the Premium Membership on https://www.guezzin.com (the "Site"). Read the following terms before accessing or using any part of the platform (the "Platform") accompanied by this Agreement.

BY CLICKING THE "I AGREE" BUTTON OR ACCESSING OR USING ANY PART OF THE PLATFORM, MEMBER EXPRESSLY AGREES TO AND UNCONDITIONALLY CONSENTS TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT, MASS ARBITRATION PROCEDURES, AND CLASS ACTION WAIVER DESCRIBED BELOW. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED HEREIN.

If you do not agree to all of the terms of this Agreement, you will not be allowed to access the "Site" (as defined below), and/or access or use any part of the Platform. Before accessing the Site or using the Platform, please review the related Guezzin Privacy Policy, located at https://www.guezzin.com/privacy-policy, which is incorporated herein by this reference.

1. LICENSE AGREEMENT

We grant to Member a non-exclusive and limited license to use the Platform, subject to the terms of this Agreement, for a term of three years from the date of this Agreement. We reserve the right, from time to time, in our sole discretion, to modify, change, update, discontinue, remove, revise, delete or otherwise change any portion of the Site (as defined below) or this Agreement, in whole or in part, at any time without notice and Member shall periodically review this Agreement and any other terms and conditions posted at the Site at a rate not less than once per month. For changes to this Agreement that we deem material, we will place a notice on the Site by revising the link on the homepage to read substantially as "Updated Terms of Service" for up to three (3) weeks or some other amount of time that we determine in our discretion. If you participate in any competitions, open, use or reuse the Platform, enter the Site, or accept any prize in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement. The term of this Agreement will be automatically extended for three years from the date you receive any Platform upgrades or subsequent Platform versions. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.

2. LICENSE RESTRICTIONS

You may not:

  1. permit other individual(s) to use the Platform unless such other individual(s) agree to accept the terms of this Agreement;
  2. modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Platform;
  3. copy the Platform;
  4. rent, lease, transfer, sublicense or otherwise transfer rights to the Platform;
  5. remove any proprietary notices or labels on the Platform, including the code underlying the Platform; or
  6. use the Platform for any reason other than your private use. Commercial use is expressly prohibited.

3. LIMITATIONS ON USE

You agree that you will use the Platform in a manner that complies with all applicable laws in the jurisdictions in which you use the Platform. We assume no responsibility for the actions by you, the Member. You acknowledge that if we are unable to determine where the Platform is being used, that we may rely upon your representation and express acceptance of this restriction by clicking where indicated, and that you will only use the Platform in accordance with the participation mode permitted in your jurisdiction.

Non-United States Residents: Company operates the Platform in the United States and is only available to U.S. and Canadian residents physically located in the U.S. or Canada, where permitted by law. Refer to section 15 for eligibility.

We are not responsible for claims, losses or damages resulting from any play under any condition. Members are competing against each other and not against us. Play at this Site is at the sole option, discretion and risk of the Member. You are solely responsible for your interaction with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members. Member is also responsible for maintaining the secrecy and security of his/her account passwords and other personal security information. We are not responsible for the unauthorized use of your, the Member's, account or any losses that may result, of such unauthorized use. You accept responsibility for all activities that occur under your account and agree you will not sell, transfer or assign your account. We may, in our sole discretion, and at any time, with or without notice, terminate your account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.

4. LIMITED WARRANTY

We do not warrant that your use of the Platform will be uninterrupted or that the operation of the Platform will be error-free or secure. We warrant to Member that the Platform will operate for purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty is breached, our only obligation under this Agreement and Member's sole remedy is, at our option, to (a) have us upgrade the Platform to resolve any issues identified; or (b) terminate this Agreement.

5. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us as follows:

  1. You have read and you understand this Agreement.
  2. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.

6. SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the Agreement will be construed as not containing the particular provision or provisions held to be invalid or unenforceable.

7. NO WAGERING; SKILL-BASED COMPETITIONS

Guezzin is a subscription-based educational and entertainment platform that offers market-related learning tools and skill-based forecasting competitions. Guezzin does not operate as a gambling platform, betting service, or wagering system.

Specifically:

  • Members do not place bets or wagers on any event or outcome.
  • Members do not risk or stake money on the result of any forecast.
  • Subscription fees are paid solely for access to educational content, platform features, tools, and member benefits, and not as consideration for any particular outcome.
  • No odds, lines, spreads, contracts, or house-set prices are offered or used.
  • Guezzin does not act as a bookmaker, market maker, or counterparty to any forecast.

Forecasting competitions are skill-based competitions in which participants are ranked according to objective, pre-disclosed performance criteria, such as comparative accuracy relative to other participants. Winners are determined by performance, not by random drawings or chance selection.

Any prizes offered are funded by Guezzin as part of promotional and educational initiatives and are not derived from participant wagers or pooled betting activity.

Participation is intended solely for educational, entertainment, and skill-development purposes and should not be considered gambling, betting, or financial investment activity.

8. U.S. SECURITIES AND EXCHANGE COMMISSION (SEC) COMPLIANCE

  1. No Securities, Derivatives, or Swaps: Guezzin does not offer, broker, arrange, execute, or clear any securities transaction, derivatives transaction, or investment product, including any "swap" or "security-based swap." Participation in forecasting competitions does not create any investment contract, option, futures contract, swap, or security-based swap. Users do not acquire any ownership interest, exposure, or financial position in any security or index.
  2. No Investment Purpose; No Returns: The Platform is not intended to provide investment returns or simulate securities trading. Any prizes or awards are promotional and are not investment returns, yield, interest, dividends, or profit-sharing. Past performance does not predict future results.
  3. Prize Funding Clarification: Prizes are funded by Guezzin and/or sponsors and are not derived from changes in the value of any security or financial instrument.

9. MEMBERSHIP TYPES

Guezzin offers three types of memberships, each providing different levels of access to the Platform:

1. BASIC Membership (Free)

  • Always free and available to all registered users.
  • Provides access to Practice Competitions only.
  • Members can accumulate Points based on performance in Practice Competitions.
  • Points have no cash value and may only be redeemed for Guezzin-branded merchandise – Refer to section 14 for details.

2. 7-DAY TRIAL Membership

  • Provides temporary access to selected features for new users.
  • Includes access to a limited number of educational videos, Practice Competitions, and up to three (3) free Forecasts per day in Live Competitions.
  • No credit card is required at initial launch.
  • After the 7-day period, users may:
    • Upgrade to a Premium Membership for full access, or
    • Take no action, in which case the account automatically converts to a BASIC Membership.
  • Guezzin may modify or discontinue the trial offer at any time.

3. PREMIUM Membership

  • Provides full access to the Guezzin platform, including all educational content, Practice and Live Competitions, and additional member benefits.
  • PREMIUM Members receive up to six (6) Forecasts per day for entry into Live Competitions.
  • Includes access to exclusive features, discounts, and other premium perks offered through the Platform.
  • Membership is billed on a monthly subscription basis in accordance with Section 10.

10. PREMIUM MEMBERSHIP SUBSCRIPTION FEE

  1. We charge a subscription fee of $44.95 per month for Premium membership. Premium members receive certain membership benefits, which may vary from time to time and may include, digital assets, exclusive content, access to an on-line discount and travel platform, access to market-related educational videos and material, and other special offers. These are benefits that are not available to basic members and visitors to the Site. Premium members will also have access to play in Competitions and participate in related activities. Access to cash-prize competitions through Premium Membership is subject to state/province-specific participation rules described in Section 11. We reserve the right in our sole discretion to substitute, modify or terminate specific member benefits. Please check "Membership Benefits" for current member benefits. You have no right to a specific member benefit.
  2. Premium membership is monthly. PREMIUM MEMBERSHIP FEES ARE PAYABLE IN ADVANCE. PREMIUM MEMBERSHIPS ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
  3. We reserve the right to change the fees or billing methods at any time. Notice of any change will be posted at least thirty (30) days in advance of the change. You are responsible for reviewing the billing requirements to obtain timely notice of such changes. Continued use by you of the platform thirty (30) days after posting of the changes constitutes acceptance of such changes. If you decide to cancel your Premium membership, which you can do at any time before the next billing period without being billed for the next period, we will not refund any fees accrued to your account before you canceled.
  4. Each active Member receives a fixed number of daily forecasts as part of their membership benefits. Paid Members may submit up to six (6) forecasts per day across all active competitions. Forecasts are provided solely for participation in competitions within the Guezzin platform, have no cash or monetary value, and cannot be transferred, sold, exchanged, or redeemed for money or prizes outside of competition results. Forecasts cannot be accumulated or carried over to subsequent days or competitions and will automatically expire at the conclusion of each competition period.

11. SKILL-BASED FORECASTING COMPETITIONS – STATE/PROVINCE MODES OF ENTRY

Guezzin operates as a subscription-based educational platform offering skill-based forecasting competitions. In most U.S. and Canadian jurisdictions, paid participation in skill-based competitions is permitted. However, certain jurisdictions require that a free alternative method of entry ("AMOE") or free-entry promotional mode be made available for competitions awarding prizes.

Accordingly, the following state/province-specific modes of entry are made available:

Mode 1: Premium Skill-Based Access (Most States and Canadian Provinces)

Premium Membership provides access to live forecasting competitions - see section 9 above for details.

Mode 2: State/Province-Specific Free Alternative Method of Entry (AMOE)

Louisiana, South Carolina, Nova Scotia, Saskatchewan, New Brunswick

Residents physically located in these jurisdictions may enter eligible forecasting competitions without payment through an online free-entry process. To participate using an AMOE, residents of these jurisdictions may submit a request for free forecasts by creating a Basic Account and completing the designated Online Free Entry Form made available within the Guezzin platform or at a URL specified by Guezzin. Free forecasts are subject to the same rules, scoring criteria, competition deadlines, and prize eligibility as paid forecasts.

Eligible AMOE entrants will receive six (6) free Forecasts upon submitting the Online Free Entry Form. AMOE Forecasts are issued in the form of a single-use voucher that may be activated on any competition day of the entrant's choosing.

Once a voucher is activated, all six (6) Forecasts must be used on that same day. Unused Forecasts expire at the end of the competition day and cannot be carried over, transferred, accumulated, or redeemed for cash or any other value.

An AMOE entrant may request a new voucher only after all Forecasts from the prior voucher have been used. AMOE entrants may submit one AMOE request per day, subject to anti-fraud controls and compliance with these Terms. Identity verification is not required to request an AMOE voucher; however, all entrants—whether participating through paid membership or AMOE—must successfully complete identity verification before any prize can be claimed or withdrawn.

AMOE Forecasts are treated identically to paid Forecasts and provide the same opportunity to participate and win in eligible competitions.

  • Residents of all other jurisdictions are not eligible for free entry unless otherwise required by applicable law.
  • Guezzin reserves the right to modify the availability or process for free entry on a state-by-state/province-by-province basis to comply with applicable legal requirements.
  • Free entry submissions must be completed personally by the entrant and may not be automated, duplicated, or submitted in bulk.

Mode 3: Free-Entry Promotional Mode

No States or Provinces

Residents physically located in these jurisdictions may enter eligible forecasting competitions in a free-entry promotional format. Participation in such competitions does not require payment, and the number, frequency, or availability of such competitions may be limited at Guezzin's discretion.

Paid memberships in these jurisdictions provide access to educational content and platform features only and do not alter eligibility for prize competitions.

Mode 4: No Prize Competitions

Montana, Idaho

Prize competitions are not offered to residents physically located in these jurisdictions. Practice tournaments and non-cash merchandise rewards may be available.

Paid memberships in these jurisdictions provide access to educational content and platform features only and do not alter eligibility for prize competitions.

Mode 5: No Access

Quebec, All other Countries outside of The United States and Canada

Platform is not available in these jurisdictions.

12. COMPETITION RULES AND MECHANICS

1. Competition Schedule

Guezzin offers skill-based forecasting competitions on a periodic basis. The number of competitions offered per day may change over time based on platform growth and operational considerations.

Unless otherwise stated, daily competitions operate on the following schedule:

  • Competition Start Time: 9:30 a.m. Eastern Time (ET)
  • Competition End Time: 4:00 p.m. Eastern Time (ET)

Each competition will identify the specific underlying instrument or market (e.g., futures contracts or indices) prior to the start of the competition.

2. Forecast Allocation and Entry Windows

Each eligible participant receives up to six (6) forecast entries per competition day. Forecast entries are made through designated forecast "slots" that become available sequentially throughout the trading day:

Forecast SlotOpensCloses
Slot 109:30 a.m. ET10:00 a.m. ET
Slot 210:30 a.m. ET11:00 a.m. ET
Slot 311:30 a.m. ET12:00 p.m. ET
Slot 412:30 p.m. ET01:00 p.m. ET
Slot 501:30 p.m. ET02:00 p.m. ET
Slot 602:30 p.m. ET03:00 p.m. ET

Each forecast slot remains open for thirty (30) minutes. If a participant does not submit a forecast during an open slot, that slot will expire and cannot be reused. Expired forecast slots do not carry over and do not affect eligibility for other slots or competitions.

3. Multiple Concurrent Competitions

When multiple competitions are running concurrently on the same day, participants may choose which competition to submit each forecast entry toward.

For example, if multiple competitions are offered on a given day, a participant may allocate forecasts across one or more competitions at their discretion.

Once a competition is selected for a forecast slot and a forecast is submitted and confirmed:

  • The forecast is locked
  • The selected competition, forecast value, and time of entry are recorded
  • The forecast cannot be modified, withdrawn, or reassigned

4. Use of Multiple Forecasts in a Single Competition

Participants may submit more than one forecast for the same competition on a given day using multiple forecast slots.

When multiple forecasts are submitted for the same competition:

  • Only the single forecast closest to the official settlement price is considered for ranking and prize eligibility
  • All other forecasts submitted by the same participant for that competition are disregarded for ranking purposes

Participants may submit forecasts across multiple competitions and may be eligible to win in more than one competition on the same day, subject to the same "closest forecast" rule for each competition.

5. Determination of Winners

Winners are determined by comparing each participant's closest valid forecast to the official end-of-day settlement price for the applicable instrument.

Forecasts are ranked based on objective accuracy metrics, such as absolute distance from the official settlement price, as defined for the competition.

In the event of a tie, Guezzin may apply pre-disclosed tie-breaking criteria, such as earliest forecast submission time.

6. Market Data Sources and Settlement Prices

Market charts and pricing information displayed on the Platform are provided by third-party data sources, including embedded charting services, and are made available for illustrative and educational purposes only. Such data may be delayed, estimated, or differ from official settlement values.

For competitions involving futures or other exchange-traded instruments, final competition results are determined exclusively using the official end-of-day settlement price published by the applicable exchange, including the Chicago Mercantile Exchange ("CME"), as applicable.

Official settlement prices are typically published after the close of regular trading hours. As a result:

  • Competition rankings and winner determinations may occur later in the evening or during the following calendar day
  • Results are not finalized at the close of the competition window at 4:00 p.m. ET

Guezzin may manually input official settlement prices into its systems for the purpose of calculating final rankings. The official settlement price published by the applicable exchange shall be final and binding, regardless of any differences shown on charts or third-party platforms.

7. Discretion and Modifications

Guezzin reserves the right to:

  • Adjust the number of competitions offered
  • Modify forecast slot timing
  • Suspend, delay, or cancel a competition due to technical issues, market disruptions, or force majeure events
  • Correct obvious errors in scoring or data input using the official settlement source

Any such changes will be made in a manner consistent with maintaining fairness and objective determination of results.

8. No Guarantee of Participation or Winning

Participation in competitions is voluntary. Guezzin does not guarantee that any participant will be able to submit all forecast slots or win any competition. Forecast accuracy depends on participant skill and market conditions.

13. COMPETITION FORECASTS

  1. Included Forecasts. Each active Guezzin Premium Member receives a fixed number of forecasts into daily, weekly, and/or monthly forecast competitions as part of their membership benefits. Forecasts are provided at no additional cost beyond the membership fee. The number of forecasts may vary by competition and will be disclosed on the Site prior to the start of each competition.
  2. Use of Forecasts. Forecasts allow Members to submit forecasts in eligible competitions. Forecasts are non-transferable, have no cash value, and cannot be accumulated or carried over to future competitions. Unused forecasts will expire at the close of each competition period.

14. PRACTICE COMPETITIONS AND POINTS

  1. Guezzin may offer Practice Competitions that mirror Live Competitions for entertainment and training purposes. Practice Competitions are free to enter and award Points based solely on user performance.
  2. Points have no cash or monetary value, may not be purchased, sold, exchanged, or transferred, and are not convertible to cash or cash equivalents. Points serve as a performance and engagement metric only and may be redeemed exclusively for in-platform rewards such as Guezzin-branded merchandise, as described within the Platform.
  3. Points do not represent consideration, currency, or competition forecasts, and their accumulation does not confer any ownership or property rights. Guezzin reserves the right to modify, suspend, or discontinue the Points system or redemption options at any time without notice.

15. FREE TRIAL ACCESS

  1. From time to time, Guezzin may offer a limited free trial period to allow new users to experience the platform. Free trial users may receive a limited number of forecasts daily, access limited sections of the Education Library and certain sample features within the Guezzin dashboard.
  2. Access to premium features, including Vacay Bucks discounts and cash-prize competitions, is available only to active paid Members. Free trials may be modified or discontinued at any time.

16. MEMBER ELIGIBILITY AND PRIZE CLAIMS

Subject To Country, State and Local Laws.

  1. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Platform and/or the Site. Access to the Platform and/or the Site may not be legal for some Jurisdictions or for all residents of, or persons present in, certain Jurisdictions. We have installed filtering systems designed to limit access from known ineligible Jurisdictions. It is your responsibility to comply with law in your jurisdictions. We do not make any representation or warranty, express or implied, as to the lawfulness of your participation in the competition, or that materials on the Site are appropriate for your use. The information contained herein does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. We further reserve the right to require you to provide proof that you are eligible to participate and win prizes in the competition prior to payment of any winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse service and access to any potential participant.
  2. CANADIAN USERS AND PROVINCIAL RESTRICTIONS
    Guezzin may make the Platform available to users located in Canada, subject to provincial law and regulatory requirements.
    Participation by users located in Canada is governed by the following conditions:
    • The Platform operates as a skill-based educational and entertainment service
    • Guezzin does not offer wagering, betting, or staking of money
    • Cash prizes, where offered, are company-funded promotional awards
    • Participation does not involve pooled player funds or odds-based betting

    Québec Exclusion:

    Residents of the Province of Québec are not eligible to participate in cash-prize forecasting competitions at this time. Access to the Platform may be limited or unavailable for users physically located in Québec.

    Guezzin reserves the right to restrict, modify, or discontinue access to competitions, prizes, or features on a province-by-province basis to ensure compliance with applicable Canadian law.

  3. To open an account and/or participate in any competition offered on the Site, you must:
    1. be a natural person, at least 18 years of age (or the age of majority in your jurisdiction, if higher), who is assigned to the e-mail address submitted on your account registration form;
    2. Be physically located in a jurisdiction where the applicable participation mode is permitted.
    3. Comply with all applicable laws and these Terms.
  4. Participation in Guezzin competitions is open only to individuals who meet the eligibility requirements described in these Terms and who are physically located in a jurisdiction where participation is lawful. Guezzin may, from time to time, restrict or prohibit participation from certain states or jurisdictions where skill-based competition play is not permitted. Participation is void in any such jurisdiction. Guezzin may rely on geolocation tools and user representations to determine eligibility and may restrict or revoke access at any time to maintain compliance.
  5. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any competition offered on the Site while located in a prohibited Jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and will be subject to having your account suspended or terminated, and you will NOT BE ELIGIBLE to claim any prizes won and your membership fees may be refunded. However, if we determine that you made a deliberate effort to avoid these rules, then, in our sole and absolute discretion we may refuse to refund your membership fee.
  6. The following persons are also ineligible to receive any prize offered on the Site: employees, officers, and directors of the Site, its parent companies, subsidiaries, and affiliated companies; and any other person with access to non-public information regarding the operation of any competition offered on the Site.
  7. Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in the competition in the applicable Jurisdiction, whichever is higher.
  8. Our employees, officers, directors, and their immediate family members are not eligible to participate in any of the competitions which award cash and/or prizes. For purposes of the foregoing "immediate family" means parents, grandparents, spouses, children, siblings or any members of the same households of such employees, officers, and directors.
  9. Only eligible members may claim prizes. All prizes must be claimed within 360 days of the end of the month in which the prize is won. Prior to claiming a prize, your account must be fully verified, including a completed profile, that includes your physical address, and Know Your Customer (KYC) approval. You may be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents") to claim a prize. You may be required to send us a complete and legible W9 tax form or other required tax form (collectively, the "Tax Forms") to claim a prize. Failure to make a prize claim, prove eligibility, sign and return all Prize Claim Documents and sign and return all Tax Forms within 360 days will give rise to the presumption that the member is ineligible and agrees to forfeiture of the prize.

17. RIGHT TO CANCEL OR MODIFY COMPETITION SCHEDULE OFFERED

No warranty or representation is made that the prize pool will consist of a specific amount or number of competitions or kind of competitions. We reserve the right, in our sole discretion, to modify the competitions, kinds and types offered, and the scheduling of all competitions. If we, IN OUR SOLE DISCRETION determine that operating the competition IN WHOLE OR IN PART is not feasible for any reason, including, but not limited to, a change in the risk of operating the competitions, or insufficient participation in one or more of the competitions, then we may cancel OR MODIFY all or any of the competitions and we shall owe you nothing. You understand and acknowledge that as a Premium member, you are receiving benefits of membership exclusive of the opportunity to participate in competitions and that you may terminate your membership in accordance with this Agreement.

18. PRIZE SUBSTITUTION

We reserve the right to provide substitute prizes of equal or greater value, where permitted by law.

19. PRIZE DELIVERY TIME

Unless otherwise specified, CASH PRIZES, when claimed by the winning member, will be available for withdrawal within 30 days after VPC Entertainment, Inc. has confirmed the winner's prize eligibility and processed the prize claim. All cash prizes are available for withdrawal using any of the methods provided within the platform.

20. TAXES

United States Federal Tax Regulations requires that you complete and return form W9 and that we issue you a form 1099 at the end of each calendar year if you have won prizes of $600.00 or more in the calendar year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. Guezzin will retain a copy of your W9 after submittal for 3 years. You will be required to submit a new W9 form the next time your annual winnings are $600 or more.

Users located in Canada are solely responsible for determining and complying with any applicable federal, provincial, or local tax obligations arising from participation on the Platform, including the receipt of any prizes, awards, or merchandise. Guezzin does not provide tax advice and does not withhold or remit Canadian income taxes on behalf of users. Any prizes, awards, or merchandise received may be considered taxable under Canadian law depending on individual circumstances. Users are responsible for reporting any taxable amounts to the Canada Revenue Agency ("CRA") and any applicable provincial tax authority.

21. EDUCATION CONTENT AND MARKET INFORMATION

  1. Guezzin provides educational materials, tutorials, articles, and videos designed to help Members better understand market concepts and related topics. All such content is provided for informational and educational purposes only and should not be construed as investment, financial, or trading advice. Guezzin and its affiliates are not registered investment advisers, brokers, or dealers, and do not recommend the purchase or sale of any specific securities, stocks, or other financial instruments.
  2. You acknowledge that all investment and trading activities involve significant risk, including the potential loss of principal. Any decisions you make based on information obtained from Guezzin are made entirely at your own risk. Past performance is not indicative of future results. Guezzin shall not be responsible or liable for any losses or damages resulting from your reliance on educational content provided through the platform.

22. PROMOTIONAL ACTIVITIES

By creating an account, you grant Guezzin permission to use your name, username, competition records, prize amounts, likeness, and related information in any media for promotional purposes, without additional compensation. This may include publishing winners on our website, in social media posts, or in other marketing materials. You may be asked to sign a release form to confirm this permission.

23. REGISTRATION

1. Continuing Duty and Affirmation.

Each time you use the Site, you represent and warrant to us that:

  1. you are at least eighteen (18) years of age, or the legal age to participate in a competition in the applicable Jurisdiction, whichever is higher;
  2. your access to the Platform and/or the Site, your participation in competitions, and our offering and operating the competitions are legal in your applicable Jurisdiction;
  3. the e-mail address submitted by you is owned or controlled by you; and
  4. all information you provide is true, accurate, current and complete.
  5. All such representations and warranties are relied upon by us.

By applying for registration, you authorize us to make any and all inquiries as we in our sole discretion consider necessary to verify the information provided by you. We may require you to submit such proof of age, identity and place of residence as we may require, at any time. We reserve the right to suspend and/or terminate your registration and/or account if we have grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.

3. Changes to Your Account

In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by sending an e-mail to members@guezzin.com.

4. One Account Only

You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account for yourself. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.

24. GUEZZIN BILLING

  1. By completing Premium membership registration, you authorize us to charge applicable recurring Premium membership fees to your designated credit or debit card or debit the applicable recurring Premium membership fees from your designated checking or savings account. Monthly Premium members are billed on a calendar-month cycle, which begins upon Premium membership registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends one calendar month thereafter. The date you are billed for each subscription is the same date each month. That date is determined by the date the account is first billed. If that day of the month does not exist in a subsequent month, then the payment will be made on the first day of the following month and will stay permanently on that day. (For example, if a player started his subscription on January 31, then his next payment date would be March 1 and then April 1, etc.).
  2. If you do not cancel before the end of the period, we will automatically renew your applicable Premium membership payment plan at the end of the period and you will be billed according to the plan you are currently on.
  3. You are responsible for reviewing the terms and conditions section to obtain timely notice of such changes. Continued use of the Site and/or Platform thirty (30) days after the posting of any changes means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Premium membership. To cancel your Premium membership, log in to the Platform and go to the "My Account" Subscription section for cancellation instructions. You can cancel your Premium membership at any time.
  4. Credit Card Authorizations for Free Trial Memberships. At the time of launch, Guezzin's free trial will not require a credit card to activate or participate. Users may register for the trial by creating an account and verifying eligibility in accordance with these Terms. Guezzin reserves the right to require a valid credit card for future free-trial promotions, at its sole discretion. If a credit card requirement is implemented, you must provide credit card information to register for all free trial offers to a Guezzin Membership service. By signing up for a free trial with a credit card, you agree that we may obtain a pre-authorization of up to $1.00. Some financial institutions may perceive these requested amounts as actual pending charges. While not actual charges, we are not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges. If you accept a free trial of a Guezzin Membership service, we will bill your credit card when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the site, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.
  5. Guezzin memberships are currently offered on a monthly subscription basis. Each membership term begins on the date of purchase and automatically renews every month unless canceled in accordance with these Terms. Members may cancel their subscription at any time through their account settings, effective at the end of the current billing cycle. No partial-month refunds will be issued. Guezzin may, in the future, introduce additional membership term options (such as quarterly or annual plans). Any new terms or pricing will be disclosed prior to implementation and will not affect active Members without advance notice.

25. ACCOUNT IDENTIFIERS

1. Secrecy Obligation

Once you have selected and been allocated a unique username and password ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify us by sending an e-mail to members@guezzin.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at our sole discretion Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified us as provided herein) will be treated as valid.

2. No Transfer

Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age, to participate in competition, and in no event allow or permit any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.

3. You Are Responsible

You agree to be solely responsible for all use of the Site and the Platform (including without limitation participation in competition) through the use of any of your Identifiers (except where you have notified us as provided above) and you agree to indemnify and hold us harmless, along with our parent company, affiliates, managers, agents and directors, licensors and licensees, and our and their respective officers, directors, employees and contractors for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.

26. SITE USE

1. Services May Change or End

We reserve the right, in our sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.

2. You Must Obey Guidelines and Rules

When using the services on the Site or the Platform, you agree that you are subject to any guidelines, policies or competition rules applicable to such services, which may be posted from time to time. All such guidelines, policies or competition rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from us and/or through use of software will be binding on you. Your commercial use of the Site or any of the online competitions is strictly forbidden. See General Rules of the competitions offered.

3. Telecom and Access Fees

You are solely responsible for obtaining access to the Site and/or the Platform and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site and/or the Platform.

4. Forecast Competitions

You understand and agree that competitions on Guezzin are skill-based competitions. Market outcomes are uncertain; however, competition results are determined by relative forecasting accuracy compared to other participants, not by random selection. These competitions are meant for entertainment. You should not expect financial gain from your participation. Results depend on the number of participants, their individual forecasts, and time of forecast entry.

5. Cheating

You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or competition. If we believe in our sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.

6. Behavior & Responsibility

  1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any website or use of any portion of the Site for any commercial purposes.
  2. You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any of our websites. You acknowledge and understand that any attempt to participate in any service offered on any of our websites by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud in regards to any of our websites, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
  3. You shall accept and abide by the competition rules set forth on the competition rules web page, to be amended from time-to-time at our sole discretion.
  4. You agree that we are not liable for any loss caused by any unauthorized use of your credit card or checking or savings account by a third party in connection with any of our sites or any third-party sites.
  5. Any attempt to defraud us through the use of credit cards, checking or savings accounts, or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
  6. You agree that we are not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
  7. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any of our websites, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the Site, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
  8. You agree to never transmit data, conversation, or any other information that may (i) be defamatory or offensive, (ii) be slanderous, (iii) be rude, (iv) infringe the rights of any third party, (v) provide information regarding playing competitions on the Site, or (vi) be deemed generally unacceptable behavior in our sole discretion.

7. Computer Errors

You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the Platform contains any error, or is incomplete, you shall immediately notify us by e-mail at members@guezzin.com. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. We will not be liable for any alleged winnings that are, in our sole discretion, the result of a system error or malfunction.

8. Verification

Guezzin utilizes third-party verification services to confirm user identity and eligibility in compliance with applicable laws. At the time of launch, Guezzin uses Veriff.com to conduct Know Your Customer ("KYC") verification. This process may require users to provide certain identifying information, such as a government-issued photo ID, date of birth, or other verification data. Guezzin may, at its discretion, change its third-party verification provider in the future. Any such change will be implemented in a manner consistent with applicable privacy and data-security standards. Users agree to cooperate with the verification process and acknowledge that failure to complete verification when required may result in denial of access, disqualification from competitions, or forfeiture of prizes.

27. TERMINATION

You understand and agree that Company may, in its sole discretion and at any time, terminate your password and/or account and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Company may take any one or more of these actions without prior notice to you. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Company shall not have any liability to you or any other person for any termination of your access to the Site, the Platform and/or the removal of information concerning your account. Company will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Company. Upon termination of your membership or access to the Site, or upon demand by Company, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Nothing contained in this Agreement shall limit Company in its exercise of any legal or equitable rights or remedies.

28. THIRD PARTY WEBSITES

1. Other Sites Are Not Our Responsibility

This Site may link you to other websites that may contain information or material that some people may find objectionable. These other websites are not under our direct control and you acknowledge that we are not responsible for the accuracy, copyright and trademark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website.

2. Future Marketing

You hereby acknowledge and agree that we and/or our affiliates, licensors and licensees may market products and services to you in the future.

29. PROPRIETARY RIGHTS

1. Intellectual Property

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of the respective owner. Except as expressly authorized in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.

2. License

You are hereby granted a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with the Club services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform. You agree not to modify the Platform in any manner or form, or to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

3. DMCA

If you are under the good faith belief that any content appearing on the Site has been copied in a way that constitutes copyright infringement under U.S. Copyright law, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse. You may forward the following information to Company's Copyright Agent:

  • (i) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
  • (ii) identification and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works;
  • (iii) the exact URL or identification of the material that is claimed to be infringing;
  • (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Company's Copyright Agent is as follows: VPC Entertainment, Inc., 8608 Utica Avenue, Suite 205, Rancho Cucamonga, CA 91730, Attn.: Legal Affairs/DMCA Notices; email: copyright_agent@vpcentertainment.com.

By this filing, Company does not necessarily stipulate that it is a service provider as defined in 17USC section 512(c) or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available under the copyright law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice pursuant to the statutory requirements imposed by the DMCA. If Company receives a proper notification (or if Company believes in its sole discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, Company reserves the right to withdraw and remove the affected material from its Site, at any time in our absolute discretion. One place to find more information is the U.S. Copyright Office web site, currently located at https://www.copyright.gov. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.

30. NO WARRANTY

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PLATFORM, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE ON BEHALF OF OURSELVES, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  2. WE DO NOT WARRANT ANY MATERIALS YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, PLATFORM, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ON BEHALF OF OURSELVES, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

31. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".

32. ARBITRATION AGREEMENT, MASS ARBITRATION PROCEDURES, AND CLASS ACTION WAIVER

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. In particular, the FAA applies even if a choice of law principle would result in application of a different procedural law. No provision of this arbitration agreement will be interpreted to preclude application of the FAA. The substantive laws of the State of California shall govern this arbitration agreement and no effect shall be given to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other state.

To the fullest extent permissible by law and with the exception of disputes pertaining to Company's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, you unconditionally consent and agree that by accessing or using the Site or Platform in any way, any claim, dispute, or controversy (whether in contract, tort, or otherwise), including, without limitation, arising under or related to this Agreement, your visit(s) to and use of the Site or use of the Platform, or Company's collection, processing or retention of your information that you may have against Company arising out of, relating to, or connected in any way with the Site or Platform or the determination of the scope or applicability of this agreement to arbitrate (a "Dispute"), will be resolved exclusively by final and binding arbitration pursuant to these exclusive dispute resolution procedures, except that either party may assert claims in small claims court.

Opt-Out:

You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a notice letter to Company at VPC Entertainment, Inc., Attn: Legal Department, 8608 Utica Avenue, Suite 205, Rancho Cucamonga, CA 91730 (the "Notice Address"), within thirty (30) calendar days of your initial assent to this Agreement. The notice must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.

Pre-Arbitration Dispute Resolution:

Whenever a Dispute arises between you and us, you and we agree to first send a written notice to the other (a "Demand"). You must send the Demand to us via certified mail to the Notice Address above. We must send the Demand to you via certified mail to the most recent address Company has on file for you (or by email if we only have an email address for you on file).

A Demand:

  1. shall seek to resolve the Dispute only on an individual basis;
  2. shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose;
  3. shall provide the individual claimant's full name, phone number, and email address to confirm their identity and to aid communication; and
  4. shall be personally signed by the individual claimant or for us by Company's authorized representative (and not only their counsel).

Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and we will personally attend (with counsel, if represented). You and we agree that you and we will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure:

If the Dispute stated in the Demand is not resolved to your or Company's satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or we intend on taking legal action, you and we agree that you or we shall file a demand for arbitration with JAMS ("JAMS") (https://www.jamsadr.com/) or, if JAMS is unable or unwilling to administer such arbitration, by another arbitration provider selected by you and us. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site or Platform. The arbitrator shall honor claims of privilege recognized at law. The arbitration will be conducted by a single arbitrator with JAMS under its Comprehensive Arbitration Rules & Procedures then in effect subject to the Mass Arbitration provisions below. You and Company may agree to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required.

Payment of all fees will be governed by JAMS rules. Either you or we may seek attorneys' fees and costs in arbitration if the arbitrator determines the claims brought by the other party are frivolous.

CLASS ACTION WAIVER:

SUBJECT TO THE MASS ARBITRATION PROCEDURES BELOW, ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.

Mass Arbitration:

If, at any time, 10 or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against Company, and such circumstances meet the definition and criteria of a Mass Arbitration ("Mass Arbitration") set forth in JAMS's Mass Arbitration Procedures and Guidelines ("JAMS Mass Arbitration Rules" then in effect, available at https://www.jamsadr.com/mass-arbitration-procedures) the JAMS Mass Arbitration Rules in effect at the time such demand is filed shall apply to your Dispute. You agree that throughout this process, the parties' counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration. You acknowledge and agree that by electing to participate in a Mass Arbitration, the adjudication of your dispute might be delayed.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and we further agree that application of these Mass Arbitration procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the Mass Arbitration provisions apply to your claim, and a court of competent jurisdiction also determines that the JAMS Mass Arbitration Rules are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

This Section of these Terms of Service will survive the termination of the relationship with you and Company.

Time Limitation for Claims:

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SITE OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN SUCH ONE (1) YEAR PERIOD, YOU AND COMPANY ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM

33. INDEMNITY

You agree to defend, indemnify and hold harmless ourselves, our parents, our affiliates, our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, and our licensors from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this Agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to our websites; (d) your violation of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.

Members are reminded to print all transaction data, payment methods and this Agreement in order to avoid misunderstandings at a later time.

34. GOVERNING LAW/JURISDICTION

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THIS AGREEMENT OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR COMPANY IN CONNECTION WITH THE SITE, THE PLATFORM AND THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA, STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTIONS LAWS.

The state and federal courts located in Los Angeles, California shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and by using the Site, each Member hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.

Copyright© 2025 VPC Entertainment, Inc. All Rights Reserved.