CYP Terms of Use and Rules  

 

These terms and conditions (Terms of Use and Rules) apply to the usage of games provided through any URLs or mobile applications, belonging to or licensed to MGPlays LLC, (the Platforms or the Platform as the circumstance requires), as may be specified from time to time.

For the purpose of these Terms of Use and Rules, MGPlays LLC will be referred to as MGP, we, us or our and the player as you, the Player, or the User. The Terms of Use and Rules also apply to related mobile or other platforms enabled by you.

Games means any one or more Campaign Game(s) or Contest Game(s). We reserve the right to add and remove Games from the Platforms at our sole discretion, such that Games may include other games in addition to Campaign and Contest Games.

Campaign Game refers to the games entered by User using Chips.  We may give you Chips for free when you sign up to the Platform. You may win more Chips when you play the Campaign Game(s) and you may purchase more Chips on the Platforms. Campaign games are social games and you cannot win cash prizes when you play Campaign Games.

Contest Game refers to any game played with Sweepstakes Prizes (CYP Buck$) subject to the Sweepstakes/Prize Promotion Official Rules available on the Platforms (Contest Rules). A Contest refers to a game involving a minimum of two Users. We may give you free CYP Buck$ when you sign up to a Platform. You may win more CYP Buck$ when you play Contest Games. You cannot purchase CYP Buck$. You may play Contest Games with CYP Buck$ for a chance to win prizes which may be cashed out in accordance with the Contest Rules (Prizes).

These Terms of Use and Rules are effective and enforceable as soon as you check the box for of these Terms of Use and Rules during the registration process. By checking the box, you signify to us that you have read these Terms of Use and Rules and accept them. By using any of the Platforms, you signify that you agree with these Terms of Use and Rules and accept them.

These Terms of Use and Rules are subject to the Contest Rules available on the Platforms. By agreeing to these Terms of Use and Rules, you acknowledge you are also bound by the Contest Rules as amended from to time.

You must read these Terms of Use and Rules carefully in their entirety before checking the box for acceptance. If you do not agree with any provision of these Terms of Use and Rules and as amended from time to time, you must not check the box for acceptance and, as a result, you are not permitted to use the Platforms.

CONSIDERATION

By accessing or using the Platforms, registering for any services offered on the Platforms, or by accepting, uploading, submitting or downloading any information or content from or to the Platforms, you are agreeing to these Terms of Use and Rules. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND RULES AND DO NOT WISH TO BE BOUND BY THEM, DO NOT USE THE PLATFORMS. These Terms of Use and Rules constitute a legal agreement between you and MGP, and shall apply to your use of the platform and the services even after termination. MGP reserves the right to amend the Terms of Use and Rules at any time. Any amendments will be published and displayed on at createyourplay.com. You agree that it is your responsibility to carefully review and confirm that you understand these rules before using any of the Platforms.

ELIGIBILITY

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and Rules and to abide and comply with these terms. In order to open an account and participate in the contests offered by the Platforms, you must be 18 years of age or older and a citizen or resident with a physical address in the United States of America. VOID WHERE PROHIBITED BY LAW. In jurisdictions, territories, and locations where the minimum age for permissible use of the Platform is other than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age when registration of Contest Games occurs if you are a legal resident of Nebraska. You must be at least 21 years of age when registration of Contest Games occurs if you are a legal resident of Massachusetts. MGP reserves the right to request for proof of age and temporarily suspend the account until satisfactory proof of age documents are received and validated.

It is the responsibility of each individual customer to ensure that they comply completely with all federal laws and state and local laws in which they reside, concerning sweepstakes prior to using any of the Platforms. MGP shall not be held responsible or liable for any transactions in any jurisdiction where such activities are deemed illegal.

In order to participate in the Platform, you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. We are required by law to report all prizes paid out and will provide a 1099 Misc at the end of the year to you detailing what prizes were awarded to you to the IRS. MAKES SURE TO CLAIM ALL PRIZES AT THEIR FAIR MARKET VALUE (FMV) WHEN YOU FILE YOUR TAXES FOR THE YEAR.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address for registration on the Platform. By inputting a payment method to subscribe to our content, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Platform. It shall be a violation of these Terms of Use and Rules for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

MGP employees may participate in the Platforms offered and will do so for the purpose of testing the Platforms’ User experience, socializing with customers to build community and other reasonable and fair uses at the discretion of MGP. Such employees may not be awarded money or prizes. MGP consultants and/or promoters may participate in the Pervices without such limitation if their arrangement with MGP does not permit them to have any access to non-public data or any other data not made available to all contestants, and if they do not receive any other advantages during their participation in the Platforms.

Athletes, coaches, team owners, team management or support staff may not participate in any Platforms with respect to any sports leagues with which they are associated. This includes any referees, league employees, sports commissioners, or any individual who may have employment or an ownership interest in a sport or sports that would allow them to influence the contest.

If you do not meet the eligibility requirements specified in these Terms of Use and Rules, you are not authorized to participate in the Platforms. Winning a prize is contingent upon fulfilling all requirements set forth herein. Prior to receiving a prize, MGP may require that you submit proof of eligibility according to this section and this includes requesting that you complete an affidavit of eligibility. Should this be requested of you and not completed within 5 days, or should MGP determine that you do not meet the eligibility requirements outlined in this section, in addition to any rights that MGP may have in law or equity, MGP reserves the right to terminate your account and withhold or revoke the awarding of any associated prizes. In the aforementioned situation, MGP would award any withheld or revoked prizes to the other contestants in such contest in a manner consistent with the prize structure of the contest at the sole discretion of MGP.

CONDITIONS OF PARTICIPATION

To participate in the Platforms, you must register for an account; in doing so, you must provide a valid email address and a unique Username and Password to be used when signing into your account on the Platform.  Your Username may not be one that MGP considers offensive, and it may not promote any commercial venture. When registering for an account, you agree to provide and maintain current and accurate information about yourself at the time of registration (the “Registration Data”). MGP can and will request current Registration Data from you, and you must provide this information upon request. You also must notify us immediately when that information changes. If you provide inaccurate or incomplete data, or if MGP has reasonable grounds to suspect that such information is so, MGP may terminate your account at its sole discretion.

You agree to maintain and are responsible for maintaining the confidentiality of your Username and Password, and you are therefore responsible for all activities, charges, and damages that may occur under your account. You agree to not share your account information with anyone else. Allowing others to use your account puts you in violation of these Terms of Use and Rules. You must contact MGP immediately of any unauthorized use of your account. MGP is not responsible or liable for any losses or damages resulting from your failure to notify us of any unauthorized use of your account or breach of security.

Only one user profile is allowed per person to participate in the Platforms. If MGP discovers that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that MGP may have, MGP reserves the right to suspend and/or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.

Upon registration, you agree to be bound by these Rules and the decisions of MGP, which are final and binding in all matters. MGP, at its sole discretion, may deny access or block any transaction made using your account without prior notice if we believe your account is being used in an unauthorized manner. MGP may change your Username or require that you change your Username. MGP may also, at its sole discretion, disqualify any User from use of any portion of the Platform, refuse to award prizes or require the return of any prizes, if the User engages in conduct that we deem improper, unfair or otherwise adverse to the operation of the Platform t or is in any way detrimental to other Users. Improper conduct includes, but is not limited to:

  • Falsifying personal information required to use any aspect of any Platform or claim a prize;

  • Engaging in any type of financial fraud including unauthorized use of credit instruments to use any aspect of the Platform or claim a prize;

  • Colluding with any other individual(s) or engaging in any type of syndicate play;

  • Any violation of Contest Rules or the Terms of Use and Rules;

  • Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;

  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Platform or of any User for any purpose.

  • Any type of bonus abuse, abuse of the referral program, or abuse of any other offers or promotions;

  • Tampering with the administration of any Platform or trying to in any way tamper with the computer programs or any security measure associated with any aspect of any Platform;

  • Obtaining other entrants’ information and spamming other entrants; or

  • Abusing the Platform in any way.

Users also acknowledge that the forfeiture and/or return of any prize shall in no way prevent MGP from pursuing criminal or civil proceedings in connection with such conduct.

By using any Platform or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless MGP, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Platform, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize-related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. MGP may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded or receiving any prize. All entries become the property of MGP and will not be acknowledged or returned.

MGP is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in the Platform), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in the Platform; inability to access the Platform, or any web pages that are part of or related to the Platform; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or application or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

MGP is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest Game is not capable of running as originally planned, or if a Contest Game, computer application, or application associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest Game in accordance with the Terms of Use and Rules or applicable Contest Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of MGP corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest Game, MGP reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest Game, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Platform.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST GAME IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MGP RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

To be eligible to enter the Platform or receive any prize, the Authorized Account Holder may be required to provide MGP with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, MGP will, in its sole and absolute discretion, utilize certain information collected by MGP to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

Participation in the Platform must be made only as specified in the Terms of Use and Rules. Failure to comply with these Terms of Use and Rules will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of the Platform. Winners agree that from the date of notification by MGP of their status as a potential winner and continuing until such time when MGP informs them that they no longer need to do so that they will make themselves available to MGP for publicity, advertising, and promotion activities.

MGP reserves the right to move entrants from Contest Games they have entered to substantially similar Contest Games in certain situations determined by MGP in its sole discretion.

CONDUCT

As a condition of use, you promise not to use the Platform for any unlawful purpose or for any purpose that is prohibited by these Terms of Use and Rules, or any other purpose not reasonably intended by MGP. As an example and not as a limitation, you agree not to:

  • Abuse, harass, impersonate, intimidate, or threaten any other MGP Users

  • Post or transmit, or cause to be posted or transmitted, any aspect of the Platform that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;

  • Use the Platform for any unauthorized purpose or in violation of any applicable law, including intellectual property laws;

  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the password, account, or private information from any MGP User.

 

METHODS OF ENTRY

SUBSCRIPTION MEMBERSHIP

MGP provides a subscription service that provides weekly chip distributions (amount of chips are dependent upon level of subscription) delivered to its subscribers and provides Contest Games to its subscribers and non-subscribers to play free of charge. Subscribers will automatically receive complimentary CYP Buck$ in accordance with their subscription purchase. The amount of complementary CYP Buck$ you will receive for each purchase will be stated in the purchase window. Subscription to MGP’s subscription service does not entitle or guarantee subscribers any prizes that may be provided as giveaways in contests or promotions on MGP’s Platform. By signing up for a subscription to MGP, you consent to receive electronic communications and newsletters from MGP. These communications may involve emails, in-app messaging, and/or push notifications. Your membership will continue week-to-week until your membership is canceled or MGP terminates your membership. You must have a valid accepted method of payment to use the MGP subscription service. MGP will bill the fee for the weekly membership to your Payment Method. You must cancel your membership before the subscription is renewed for the following week to avoid billing for the next week. By signing up for the MGP subscription service, you acknowledge that different amounts may be billed based on promotions, different tiers of subscription that you choose, and adding a plan in which you authorize us to bill your Payment Method, all of which may be billed in multiple charges. The membership fee for the subscription service will be billed at the beginning of the paying portion of your membership and each subsequent week thereafter until your membership is canceled or MGP terminates your membership. Membership fees are fully earned upon payment. Your renewal date may change based on changes to your membership.

ALTERNATE METHODS

As a courtesy to subscribers of our chip packages, you receive CYP Buck$ automatically every week. If you do not wish to subscribe to our chip packages and still want to enter a Contest Game, there are alternate methods to obtain CYP Buck$. You can receive CYP Buck$ when you enter MGP giveaway contests via our email newsletters, social media, or via the Internet. The amount of CYP Buck$ given away will be stated on each contest/competition, and will be credited to the winner’s account within 5 business days. You may also request CYP Buck$ to play by mailing in a legible handwritten, self-addressed, stamped envelope request to MGP, 20082 Palm Island Drive, Boca Raton, Florida 33498 with sufficient postage, return address, including Username entered on the MGP Platform, email address, first and last name, street address, city, state, and zip code. The front of the envelope must also include the words “MGP CYP Buck$ Credits” followed by the current month and year (example: MGP CYP Buck$ Credits: January 2018). The envelope must include a return address in the upper left-hand corner that matches the requestor’s street address. Upon receiving the mail-in request MGP will credit the User’s account a CYP Buck$ each week they wish to play. The CYP Buck$ will be automatically added to the participant’s account starting within 5 business days of receipt. Requests that are sent in business reply envelopes, that utilize address labels and/or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with the Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes. When you select to participate in a contest and complete the entry process, the listed amount of CYP Buck$ will be debited from your MGP account. You would then follow the instructions provided and utilize the links provided in order to complete the entry process. In the event of a dispute regarding the entrant’s identity, the entry will be deemed submitted by the person to whom the Username belongs. If possession of the Username is also contested and is ambiguous in the opinion and sole discretion of MGP, the entry will be deemed submitted by the person whose name is on the email address as on file with the email service provider. Should MGP discern that an individual did not submit the winning entry, at its sole discretion, MGP reserves the right not to award a prize to said individual.

PRICE CHANGES

We reserve the right to change or adjust the pricing of our subscription service and any other aspect in any way at any time as MGP determines fit at our sole and absolute discretion. Except as otherwise specified in these Terms of Use and Rules, any price changes will take effect following MGP notifying you of changes through email for the following billing cycle.

REFUNDS

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following the cancellation, you will have access to our Platform until the User has zero CYP Buck$ showing on the User’s profile screen. It is MGP’s sole and complete discretion to offer for any reason at any time refunds, discounts or other consideration to few or all of MGP’s members.

CONTEST PRIZES AND PROMOTIONS

For the various Contest Games offered by MGP, we announce the CYP Buck$ required for entry, if any, in advance on the Games page. For a summary of Contest Games requiring CYP Buck$ and prizes for currently open Games, log in to your account on MGP on the Platform and go to the main lobby page.

Winners are generally posted on the Platform at the conclusion of each Game, and prizes will be awarded instantaneously except in cases of technical failure or when technical failure or other reasons prevent such timely payout. Winners may be requested via email or regular mail to return an affidavit of eligibility, a publicity agreement, and/or appropriate tax forms by a specified deadline. Failure to comply with this requirement may result in disqualification. Any prize notification returned to MGP as undeliverable may result in the winner’s disqualification and the subsequent selection of an alternate winner. At the end of each Game, the tentative winners are announced but remain subject to final verification. The individuals in each Game who fulfill all eligibility requirements and comply with all applicable rules may win the prizes as outlined in the posted details of such Contest Game. Prize calculations are based on the results as of the time when final scoring is tabulated by MGP. Contest prizes are listed in MGP’s winners circle list. Prizes won are added to EACH winner’s account. In the event of a tie for any Games, the prize money or the FMV of the prizes being offered will be split evenly among those who have tied the contest. In the event that you win a Game you will have the option to receive the prize stated or the FMV stated on the Platform, unless the Game results in a tie, in which case the FMV will be split evenly among Users who have tied.

Once winners are initially announced by MGP, the scoring results will not be changed based on official adjustments made by sports leagues. However, MGP reserves the right to make adjustments as they see fit based on errors or irregularities in the transmission of the results information or in the calculation of the results. MGP has no obligation to delay the awarding of a prize in the anticipation of any such adjustment, and MGP reserves the right to reverse payments in the event of any such adjustment. You agree to cooperate with our efforts to reverse payments.

No substitution or transfer of a prize is permitted (except for electing the FMV of a prize). All taxes associated with the receipt or uses of any prize are the sole responsibility of the winner. Should the awarding of any Contest prizes to winners be challenged by any legal authority, MGP reserves the right in its sole discretion to determine whether or not to award prizes or make adjustments to the prizes. In all disputes arising out of the determination of the winner of any Contests offered on the Platform, MGP is the sole judge and its actions are final and binding.

Prizes will only be awarded if a Contest Game is run. MGP reserves the right to cancel Contest Games at any time. In the event of a cancellation, all CYP Buck$, if required to enter in that specific Game, will be refunded to the customer except as specifically provided in these Terms of Use and Rules.

Prizes are offered in connection with some of the Games offered on the Platform. Each Contest or Game is governed by its own set of official rules. We encourage you to read such Contest Rules before participating.

CONTEST STATISTICS AND LIVE SCORING

To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the MGP Platform and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and they are not used to determine the results of our Games. While MGP and the third parties used to provide the MGP Platforms use reasonable efforts to include accurate and up-to-date information, neither MGP nor its third party providers warrant or make any representations of any kind with respect to the information provided through the MGP Platform and related information sources. MGP and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the MGP Platform and related information sources, and shall not be responsible or liable for any error or omissions in that information.

CONTEST RESULTS

Contest Game results and prize calculations are based on the final statistics and scoring results at the completion of the last sports game of each individual Contest Game. Once Contest Game results are reviewed and graded, prizes are awarded. The scoring results of a Contest Game will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in MGP sole discretion.

WINNERS CIRCLE

Contest prizes will be published upon the creation of each new contest game and may be updated at any time. MGP reserves the right, in its sole discretion, to cancel or suspend the Contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by MGP to its customers but will not be required.

PAYMENT AND WITHDRAWAL OF PRIZES

Winners are posted on the Platform.

Entrants may withdraw their prize awards as well as cash deposits by using the “Withdraw” option on the Platform. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver’s License, Proof of Residence, Social Security Number, and/or any information relating to payment/deposit accounts as reasonably requested by MGP in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use and Rules in any manner.

No substitution or transfer of prizes is permitted, except that MGP reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

TERMINATION POLICY

In addition to any other legal or equitable remedy, MGP may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the MGP Platform. The User will have an opportunity to withdraw all funds during the termination process. MGP may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Platform. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use and Rules which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE PLATFORM, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES AND INFORMATION SENT FROM THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE PLATFORM OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PLATFORM OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY PLATFORM OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INTELLECTUAL PROPERTY RIGHTS

The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to MGP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MGP reserves all rights not expressly granted in and to the Platform and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Platform or the Intellectual Property therein.

Aspects of the Platform may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Platform. When you provide User Submissions, you grant to MGP, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information were part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of MGP, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to MGP, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and Rules and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to MGP the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

MOBILE APPLICATION

These Terms of Use and Rules shall also apply to the use of the MGP Mobile Application. Any reference to the Platform in these Terms of Use and Rules shall also be deemed to include the Mobile Application.

TRADEMARKS

Any and all of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited on the Platform are the property of their respective owners.

LOGOS

Some of the information on this site is obtained from all sports organization that do not have any affiliation with MGP. All team names and logos designs are registered trademarks of the teams indicated. All organization shield designs (NFL, NBA, MLB, NCAA, or NHL) are registered trademarks of each organization.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

Mobile App Privacy Policy


 

[MGPlays LLC] ("Company" or "We" or “MGP”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

·                The types of information we may collect or that you may provide when you download, install, register with, access, or use “Create Your Play”, “CYP”, the “Platform”, or the "App".

·                Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in CYP or by email, text, and any other electronic communications sent through or in connection with CYP.

This policy DOES NOT apply to information that:

·                We collect offline or on any other MGP apps or websites, including websites you may access through this CYP.

 

Our websites and apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with  or use CYP. By downloading, registering with, or using CYP, you agree to this privacy policy. This policy may change from time to time. Your continued use of CYP after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

CYP is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@createyourplay.com.

Proper Age in Applicable Jurisdiction

CYP is not intended for users under 18 years of age, and we do not knowingly collect personal information from users under 18. If we learn we have collected or received personal information from a User under 18 without verification, we will delete that information.

Additionally, CYP is not intended for Users outside of the applicable jurisdiction. If we learn we have collected or received personal information from a User outside of our applicable jurisdiction, we will delete that information. If you believe we might have any information from or about a user under 18 or outside of CYP applicable jurisdiction, please contact us at support@createyourplay.com.

 

Information We Collect and How We Collect It

We collect information from and about users of CYP:

·                Directly from you when you provide it to us.

·                Automatically when you use CYP.

Information You Provide to Us

When you download, register with, or use CYP, we may ask you to provide information:

·                By which you may be personally identified, such as name, postal address, email address, telephone number, social security number, or driver's license number, affidavit of eligibility / any other identifier by which you may be contacted online or offline ("personal information").

·                That is about you but individually does not identify you, such as (address, phone, payment info, date of birth).

This information includes:

·                Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use CYP , subscribing to our service, posting material and requesting any further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with CYP.

·                Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

·                Your responses to surveys that we might ask you to complete for research purposes.

·                Details of transactions you carry out through CYP and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the CYP.

·                Your search queries on the App.

·                OTHER TYPES OF INFORMATION THE USER PROVIDES.

You may provide information to be published or displayed ("Posted") on public areas of websites you access through CYP / createyourplay.com (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection and Tracking  

When you download, access, and use CYP, it may use technology to automatically collect:

·                Usage Details. When you access and use CYP, we may automatically collect certain details of your access to and use of CYP, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.

·                Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

·                Stored Information and Files. CYP also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

·                Location Information. CYP collects real-time information about the location of your device.

If you do not want us to collect this information, do not download CYP or delete it from your device. Note, however, that opting out of CYP’s collection of location information will cause its location-based features to be disabled.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). To opt out of behavioral tracking on or through this app and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking, please contact support@createyourplay.com

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

·                Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of CYP

·                Web Beacons. Pages of CYP and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

·                OTHER TECHNOLOGIES.

Third-Party Information Collection

When you use CYP or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

·                Advertisers, ad networks, and ad servers.

·                Analytics companies.

·                Your mobile device manufacturer.

·                Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, please contact support@createyourplay.com

 

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

·                Provide you with CYP and its contents, and any other information, products or services that you request from us.

·                Fulfill any other purpose for which you provide it.

·                Give you notices about your subscription, including expiration and renewal notices.

·                Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

·                Notify you when CYP updates are available, and of changes to any products or services we offer or provide though it.

·                OTHER USES.

The usage information we collect helps us to improve CYP and to deliver a better and more personalized experience by enabling us to:

·                Estimate our audience size and usage patterns.

·                Store information about your preferences, allowing us to customize CYP according to your individual interests.

·                Speed up your searches.

·                Recognize you when you use CYP.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (registration form)/adjust your user preferences in your account profile.

 

We may use the information we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users , and information that does not identify any individual without restriction.

In addition, we may disclose personal information that we collect or you provide:

·                To our subsidiaries and affiliates.

·                To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

·                To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MGP’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MGP about CYP users is among the assets transferred.

·                To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information regarding CYP’s third parties please contact support@createyourplay.com

 

·                To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of CYP, we will transmit the contents of that email and your email address to the recipients.

·                For any other purpose disclosed by us when you provide the information.

·                With your consent.

·                To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

·                To enforce our rights arising from any contracts entered into between you and us, including the CYP EULA, https://www.createyourplay.com/termsofuse and for billing and collection.

·                If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MGP, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

·                Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

·                Location Information. You can choose whether or not to allow CYP to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of CYP may then be inaccessible or not function properly.

·                Promotion by the Company. If you do not want us to use your email address/CONTACT INFORMATION to promote our own or third parties' products or services, you can opt-out by logging into CYP and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@createyourplay.com

·                Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking or unchecking the relevant boxes or by sending us an email stating your request to support@createyourplay.com

·                Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by logging into CYP and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@createyourplay.com

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from CYP, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other CYP users. Proper access and use of information provided on CYP, including User Contributions, is governed by our terms of use https://www.createyourplay.com/termsofuse

 

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of CYP that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@createyourplay.com

 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and OTHER INFORMATION will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you or where you have chosen a password for access to certain parts of CYP, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of CYP like chat rooms. The information you share in public areas may be viewed by any user of CYP.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through CYP. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you by email to the email address specified in your account.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

support@createyourplay.com