Date: 13 May 2024
NO PURCHASE OR OTHER CONSIDERATION NECESSARY TO PARTICIPATE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE'S PROPERTY.
By entering and participating in this Game of Skill, you ("You") agree to be bound by these Terms of Participation (the "Terms") and represent that you satisfy all of the eligibility requirements below. This Game of Skill is subject to these Terms and to all applicable laws and regulations.
If You are a consumer, as defined in the Consumer Protection Act 68 of 2008 ('Consumer Protection Act') the Organizer (as defined below) has a duty to point out certain important terms to you. The paragraphs which contain these important terms and the reasons why they are important are set out below:
a. Limitation of the Organizer's liability: Clauses 1, 3, 4 and 10 are important because they limit and exclude obligations, liabilities and legal responsibilities which the Organizer may otherwise have had towards You. They also limit and exclude Your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on You.
b. Assumption of risk: Clauses 1, 3, 4 and 10 are important because they contain assumptions of risk by You and may limit Your rights and remedies against the Organizer.
c. Acknowledgment of fact: Clauses 3 and 7 are important because they each contain an acknowledgement of fact by you. You must read each paragraph carefully because they set out how monies are held on your behalf.
d. Indemnity: Clause 10 requires You to indemnify and hold the Organizer harmless against claims that may be made against the Organizer in certain circumstances. This may place various risks, liabilities, obligations and legal responsibilities on You and the Organizer may claim payment from You of the amount of these claims.
1.1 This Game of Skill is run by Wyldata Ltd. ("Wyldata"). Wyldata is located at SOHO Savoy Gardens, J Block, Rue D'Argens Gzira, GZR 1362, Malta.
1.2 In the event this Game of Skill is run via one or more third-party platform(s), the game is not linked to the third-party platform(s) and is not organized, endorsed, or administered by, or associated in any way with, the third-party platform(s). Your use on the third-party platform(s) is subject to the terms and conditions located on such a site. The Organizer disclaims any liability should You fail to comply with the third-party platform(s) terms and conditions.
2.1 The title of the Game is Flypgame, also referred to as FLYP or FLYP Fantasy.
2.2 This Game of Skill contains games that have a specific start and closing time. All entries must be received by the Organizer before the respective closing time. All entries received after the closing time are automatically disqualified.
3.1 In order to enter this Game of Skill and be eligible to receive a reward, You represent and warrant that You satisfy the following eligibility criteria:
FOR JAPAN: If under the age of 20, you agree that you are participating in the Game of Skill under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as "Guardian" in the following) who has read and agreed to these Terms on your behalf. The Organizer excludes any responsibility and/or liability in case the participation or the award of a prize requires the approval of a Guardian. This solely lies within your responsibility.
The Game of Skill is open to, and these terms apply to, residents of all countries worldwide. Please note that the Organizer is not liable in cases where Participants are not legally allowed to take part in the Game of Skill due to national or local laws. The Organizer is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Game of Skill. The Organizer is not liable in case a Participant injures him/herself while performing actions with regard to this Game of Skill.
Directors, officers, and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Game of Skill, professional advisers, third-party service providers, or advertising and promotional agencies involved with this Game of Skill, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any rewards. The Organizer shall verify these conditions by consulting its database at the time of the selection.
Please note that the official language will be English and that all interactions with the Organizer, including these Terms, the registration, and further instructions in the course of this Game of Skill, will generally be in English. Any translations are provided as a matter of courtesy only.
3.2 The Organizer will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on Your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or (d) incomplete. The Organizer reserves the right to verify the email address provided by You including where required, any consent provided by a Guardian to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of You will be deemed ineligible. You must not enter this Promotion through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.
Participants must be at least 18 years of age or the age of majority in their respective jurisdictions (whichever is higher). Persons under the age of 18 years are not allowed to participate in this Game of Skill. For participants under the legal age of majority in their country (e.g., under 20 in Japan), explicit parental or guardian consent is required.
Residents of the following countries may not be eligible to participate due to national legal restrictions on skill-based games or contests that involve prizes:
This list is subject to change based on legal updates. Please check regularly for any amendments.
In the United States and Canada, participation is prohibited for residents of certain states and provinces where skill-based contests involving prizes are restricted or banned:
Residents of these states or provinces are not eligible for prize-winning contests but may participate in non-prize versions of the game.
For participants between the ages of 13 and 18, parental or guardian consent is required. Minors must obtain a signed consent form from their parent or legal guardian. Prizes won by minors will be awarded to the parent or guardian.
Failure to meet the age or residency requirements will result in disqualification and any prizes won will be forfeited.
4.1 In order to successfully enter the Game of Skill, you will have to go to flypgame.com and follow the given instructions step by step, which includes providing the data that is requested in order to register (e.g. email address). Furthermore, if you register via social sign-in (e.g., Facebook, Twitter, or Google), additional information (e.g., age or location) may be provided to us.
4.2 You will have to play Flypgame on flypgame.com or on any related partner websites that embed the official Flypgame licensed by Wyldata Ltd.
4.3 Predictor Game: You answer all predictive questions and accumulate potential points based on the answers you select. Only correct answers will be awarded points.
4.4 Fantasy Game: You pick a virtual team of athletes limited by a budget and accumulate potential points based on the real world performance of these athletes.
4.5 There is no limit to the number of entries that may be submitted.
4.6 The top valid scoring entries on the game leaderboard will be the reward recipient(s) as outlined under the prizes. In the event of a tie, the first user to have answered the questions will be determined the winner.
4.7 The rewards are outlined under each game. The reward recipient(s) will be announced by email and will be connected with the partner providing the reward for delivery. The total value of each reward will not exceed €1,000 per person. The prizes will be delivered by the respective partner providing the reward.
4.8 For full details of the selection process, please email info@flypgame.com. If the selected reward recipient(s) does not meet the eligibility criteria set out in these Terms, the Organizer will re-draw and select an alternative reward recipient(s). If You are disqualified, the Organizer is under no obligation to publish this fact. The Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.9 Late, illegible, incomplete, defaced, or corrupt entries will not be accepted. No responsibility can be accepted for lost entries, and proof of transmission will not be accepted as proof of receipt. Entries cannot be returned.
5.1 The contact details You provide with Your Game of Skill entry will be used to notify You of any rewards You are entitled to receive, so please make sure they are kept up to date and accurate.
5.2 The Organizer shall contact the reward recipient(s) using the email address provided with the Game of Skill entry. On notification, the reward recipient(s) will be provided with details on how to claim the reward and will be given up to 30 days (from when the Organizer notified the reward recipient(s) that they were successful) to claim the reward. If a reward recipient cannot be contacted or is not available, or has not claimed their reward within this period, the Organizer reserves the right to offer the reward to the next eligible participant, selected in accordance with the Selection Process.
5.3 The reward is personal and non-transferable and may not be claimed by a third party on Your behalf.
5.4 A list of reward recipients may be published on the Organizer's website. In the event that You are a reward recipient, You agree that the Organizer may disclose Your information (e.g., first name, last name, nickname), in accordance with the above.
5.5 The maximum delivery term shall be no longer than 60 days from the end of the Game of Skill or the date of the reward claim. Any delay in relation to the delivery of the rewards shall be communicated to the reward recipient(s).
5.6 To the extent permitted by law, the Organizer reserves the right to replace any or all rewards with rewards of equal or greater value.
5.7 Please note that no travel or other costs will be reimbursed for participation in the Game of Skill except for those expressly mentioned in these Terms. No cash alternatives will be provided, and rewards You are entitled to receive are non-transferable and non-refundable.
5.8 The Prize Winners shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.FOR JAPAN: In case a legal minor Participant wins a prize and if the acceptance or usage of such a prize requires the approval of a Guardian, the Organizer is entitled to determine an alternate winner in case no such approval is given. Neither the Participant nor the Guardian has any rights or claims regarding the Organizer's decision. FOR RUSSIA: The Organizer hereby informs the reward recipient that, in accordance with the provisions of the Tax Code of the Russian Federation, the value of all rewards received from organizations exceeding 4,000 (four thousand) Russian rubles for the reporting period (calendar year), including those received in kind, is included in the tax base on personal income tax. By participating in the Game of Skill and agreeing with these Terms, the Participants, including the Winners, are duly informed of the above rule of Russian tax legislation.
6.1 To the extent permitted by law, and without affecting Your statutory rights, if in the Organizer's opinion the Game of Skill is compromised by any event beyond the Organizer's control, the Organizer reserves the right to modify, terminate, amend, or extend the Game of Skill without responsibility and liability for any amount or kind of loss or damage that may result to You or any third party (whether direct or indirect). You should check our website regularly for any changes, which will apply from the date that they are uploaded.
6.2 At any time during the Game of Skill, the Organizer reserves the right in its sole discretion to disallow or suspend votes, disqualify, and/or remove any Participant if it has reason to believe that where voting is used as a selection process, anyone voting for such a finalist has been paid, incentivized, or pressured in any way for placing their vote, either by the finalist or any third party, and/or the Participant fails to observe these Terms, is engaged in cheating, or where applicable any other kind of illegal or inappropriate behavior. The Organizer's decision in relation to all matters in connection with the Game of Skill is final, and no correspondence will be entered into.
6.3 In the event that a winning participant is disqualified, the reward will be forfeited and selected in accordance with the Selection Process.
You warrant that Your entry does not contain material that violates or infringes another's rights or reflects a political statement, including but not limited to privacy, publicity, or intellectual property rights; contains brand names or trademarks, other than those of the Organizer, which You have a limited license to use for the sole purpose of this Game of Skill; contains copyrighted material not created by You, other than material that You have necessary rights, consents, and permissions to use; contains material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous; and contains material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the entry is created. In the event this Game of Skill is run via one or more third-party platform(s), You warrant and represent that Your entry does not infringe the Terms of the third-party platform(s).
8.1 You may submit the material, where applicable, to the Organizer in connection with the Game of Skill (collectively, the "Entry Materials"). Entry Materials may contain You (or another's) voice, image, photograph, statements, biographical information, performances, name, and likeness, and other user-generated content.
8.2 As consideration for Your participation in this Game of Skill and the opportunity for You to win a reward, You will assign to the Organizer all rights as set forth in the applicable law and to Entry Materials to the broadest extent possible and shall execute all public or private instruments that might be requested for this purpose as a condition to participate in the Game of Skill. FOR JAPAN: This includes but is not limited to the rights set forth in Article 27 and 28 of the Japanese Copyright Law. You will execute the public and/or private instruments requested in this regard, which is an essential condition to participate in the Game of Skill. To the extent that rights are not assignable, You grant to the Organizer a worldwide, unlimited, exclusive, royalty-free, transferable license to use the Entry Materials for the purposes of this Game of Skill, including but not limited to the display on any and all Organizer and its affiliates' websites, including social media websites. The Organizer does not guarantee any confidentiality with respect to Entry Materials. Subject to any license You grant herein, any and all Entry Materials that You upload, store, transmit, submit, exchange, or make available to the website is generated, owned, and controlled solely by You, and not by the Organizer. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your Entry Materials, and the Organizer does not accept any responsibility for the same. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline the use of the Entry Materials for marketing material.
8.3 You represent and warrant that all necessary rights, permissions, consents, and moral rights' waivers (in the broadest extent permitted by applicable laws) have been duly and effectively obtained from any performer, presenter, contributor, or other person involved in the Entry Materials or rights, services, or facilities in connection with it.
8.4 To the extent permitted by applicable law, reward recipients may be requested to take part in promotional activity, and the Organizer reserves the right to use the names and addresses of reward recipients, their photographs, and audio and/or visual recordings of them in any promotional material to the extent each reward recipient agrees. The Organizer will seek the consent of the reward recipient, where required. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline the use of the Entry Materials for marketing material.
9.1 Information about how the Organizer may collect, process, and store Your Personal Data for the Game of Skill and otherwise can be found within our Privacy Policy.
9.2 FOR JAPAN: Organizer collects the Participant's personal information for the purposes of administering this Game of Skill and to advise him or her of products and future events ("Purpose"). The Participant's personal information will be retained by Organizer in accordance with the Japanese Act of Protection of Personal Information and any other applicable privacy laws. If the Participant does not provide the personal information, Organizer will not be able to enter the Participant into the Game of Skill or provide the Participant with information about Flyp products and future events. Organizer may provide the Participant's personal information to Organizer's related entities and third parties in relation to the Purpose, who are located in Japan, Europe, the United States, or Singapore, but if Organizer does so, Organizer takes steps to ensure that the Participant's Personal Information is protected. For further information, including how the Participant can access and correct the personal information Organizer holds about the Participant or to make a privacy complaint, please see Organizer's Privacy Policy or contact Organizer via email at info@flypgame.com.
9.3 FOR RUSSIA: The Organizer collects your Personal Data for the purposes of administering this Game of Skill and to advise You of Flyp products and future events ("Purpose"). Your Personal Data will be retained by the Organizer in accordance with the Federal Law of 27 July 2006 N 152-FZ ON PERSONAL DATA and any other applicable privacy laws. The Organizer may provide Your Personal Data to Organizer's related entities in relation to the Purpose, who are located all over the world, but if the Organizer does so, it will take steps to ensure that your Personal Data is properly protected.
9.4 FOR HONG KONG: The Organizer collects your personal information for the purposes of administering events, consumer activations, competitions, promotions, websites, and apps, improving our business practices, services, and products, addressing complaints about the Organizer or its affiliates, to provide you with the best experience possible with using our websites and apps, ensuring your safety, and to provide you with information about our products, events, and other activities ("Purpose"). Your personal information will be retained by the Organizer in accordance with the Data Privacy Principles and the Personal Data (Privacy) Ordinance (Cap. 486). It is mandatory to provide the requested Personal Data. If you do not provide your personal information, the Organizer will not be able to enter you into promotions, register you for events, provide you with products, contact you about future events and our products, contact you about a complaint you may have made, or continue to improve the experiences and services provided to you. The Organizer may provide your personal information to the Organizer's related entities and third parties in relation to the Purpose, who may be located in Hong Kong or other countries (including Europe, the United States, Australia, or Singapore), but if we do so, we take steps to ensure that your privacy is respected. The Organizer will only disclose Personal Data to Organizer's related entities or to third-party data processors as is necessary in order to fulfill the Purpose. The Organizer and Organizer's related entities will take appropriate security measures to protect your Personal Data. For further information, including how you can access and correct the personal information we hold about you or to make a privacy complaint, please see our Privacy Policy available or contact the Organizer via email at info@flypgame.com.
9.5 FOR UKRAINE: You acknowledge and agree that the Organizer may collect, process, store, transmit, and/or otherwise use your personal data which you transfer to the Organizer (including but not limited to name, email address, phone number, age, location, etc.), for the purposes of administering this Game of Skill and to advise you of Flyp products and future events. The Organizer will process your personal information in accordance with the Law of Ukraine "On Protection of Personal Data" and in accordance with the Organizer's Data Privacy Policy, as amended from time to time. You acknowledge that you are familiar with rights established by the Law of Ukraine "On Protection of Personal Data". The Organizer may also provide Your personal information to third parties for its own marketing and communication purposes.
9.6 FOR NEW ZEALAND: Wyldata Ltd. collects Your personal information for the purposes of administering events, consumer activations, competitions, promotions, websites, and apps, improving our business practices, services, and products, addressing complaints about Flyp or its affiliates, to provide You with the best experience possible with using our websites and apps, ensuring Your safety, and to provide You with information about our products, events, and other activities ("Purpose"). Your personal information will be retained by the Organizer in accordance with the Information Privacy Principles and the Privacy Act 1993. If You do not provide Your personal information, the Organizer will not be able to enter You into promotions, register You for events, provide You with products, contact You about future events and our products, contact You about a complaint You may have made, or continue to improve the experiences and services provided to You. The Organizer may provide Your personal information to Organizer's related entities and third parties in relation to the Purpose, who may be located in New Zealand or other countries (including Europe, the United States, Australia, or Singapore), but if we do so, we take steps to ensure that Your privacy is respected. For further information, including how You can access and correct the personal information we hold about You or to make a privacy complaint, please contact the Organizer via email at info@flypgame.com.
9.7 FOR SINGAPORE: The Organizer collects your Personal Data for the purposes of administering this Game of Skill, administering our website and apps, to improve our business practices, services, and products, to address complaints, and to advise you of Flyp products and future events (if you have consented to this) ("Purpose"). Personal Data will be retained by the Organizer in accordance with the Personal Data Protection Act 2012 and other applicable data privacy laws. It is mandatory to provide the requested Personal Data. If you do not provide the requested Personal Data, the Organizer will not be able to enter you into this Game of Skill. The Organizer may provide your Personal Data to its related entities and third-party data processors in relation to the Purpose (where you have consented to such disclosure), who may be located in Singapore or other countries (including but not limited to Europe, Australia, and the United States), but if we do so, we take steps to ensure that your privacy is respected. The Organizer will only disclose Personal Data to its related entities or to third-party data processors as is necessary in order to fulfill the Purpose and where you have consented to such disclosure. The Organizer and its related entities will take appropriate security measures to protect your Personal Data. For further information, including how you can access and correct the Personal Data we hold about you or to make a privacy complaint, please see our Privacy Policy or contact the Organizer's Data Protection Officer via email at info@flypgame.com.
9.8 You can contact the Organizer with regard to privacy questions as follows: info@flypgame.com.
10.1 Insofar as is permitted by law, the Organizer, its employees, agents, or distributors will not in any circumstances be responsible or liable to compensate the reward recipient or accept any liability for any loss, damage, personal injury, or death occurring as a result of participation in the Game of Skill, as well as taking up the reward. Any limitation of liability shall be excluded for fraud, willful misconduct, or gross negligence. Your statutory rights are not affected. FOR FRANCE: In case the reward is a good or service offered by a third party, the responsible or liable company in case of direct damages is the entity providing the service or good. Under any circumstances, the Organizer shall not be held responsible for damage caused by a third party.
10.2 The Organizer excludes all liability to You for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by You in connection with Your participation in the Game of Skill unless such loss arises from the Organizer's failure to respect its contractual and legal obligations, in which case Wyldata still limits its liability for the above-mentioned situations to the extent allowed by applicable law.
10.3 The Organizer shall not be liable for late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays, or difficulties; errors in transmission; reward notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Game of Skill, whether the entry is lost, not submitted, wrongly processed, or does not win.
10.4 There is no legal right to participate in this Game of Skill. The Organizer is not responsible if You are unable to participate in the Game of Skill for any reason.
10.5 The Organizer is not liable if You injure Yourself while performing actions with regard to this Game of Skill. You represent that You do not have any condition and are not affected by any circumstances that would prevent You from safely participating in the Game of Skill or would pose a present risk to others in Your doing so. You also agree that You are not otherwise prohibited from participating in the Game of Skill for any reason.
10.6 In no event shall the Organizer be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.
10.7 To the fullest extent permissible by law, no conditions, warranties, or other terms apply to the Game of Skill, and all Free Products are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).
10.8 The Organizer excludes any responsibility and/or liability in case the participation or the award of a reward requires the approval of a Guardian. This solely lies within Your responsibility.
11.1 If any provision of the Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.
11.2 These Terms shall be governed by and construed in accordance with the laws of Malta and the parties submit to the non exclusive jurisdiction of the courts of Malta.
11.3 The latest version of the Terms will be available on the flypgame.com website.
11.4 For general questions arising out of these Terms and/or related to this Game, please contact: info@flypgame.com