WinCrate Terms of Service

Effective Date: 08/17/2024

The "WinCrate Terms of Service," hereinafter referred to as the "Terms of Service," constitute the governing agreement between you and WinCrate, LLC, and form a legally binding contract. Please note that WinCrate LLC, hereinafter referred to as the "Operator," operates the website found at www.wincrate.com, henceforth denoted as "WinCrate," "us," "our," "ours," or similar pronouns. These terms establish the legal relationship between yourself (hereinafter referred to as "you," "your," "yours," etc.) and our organization regarding the provision of services through the platform known as WinCrate (hereinafter referred to as the "Services").

The Services encompass a broad range of offerings, including but not limited to text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials available on WinCrate (hereinafter referred to as the "Materials"). Additionally, any Materials that you, as the user, choose to post or share on WinCrate (hereinafter referred to as the "Content") are also covered within this contractual agreement.

The Services include the facilitation of credit deposits, referred to as "Credits," which can be used for acquiring virtual mystery crates, termed "Crates," as well as experience points, termed "XP." These Crates may contain XP or tangible items that can be redeemed, exchanged, or otherwise utilized ("Items"). It is ensured that the value of the Items and/or XP disclosed within a Crate is equivalent to or exceeds the monetary consideration paid for said Crate at all times. Services also include crates which users earn with XP that reward tangible items that can be redeemed, exchanged, or otherwise utilized (“Crates”).

THESE TERMS OF SERVICE INCLUDE A BINDING, INDIVIDUAL ARBITRATION, AND CLASS-ACTION WAIVER PROVISION. BY ACCEPTING THESE TERMS, YOU AND WINCRATE AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO FILE IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. [WINCRATE ALSO UNDERTAKES TO COVER YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 MADE IN GOOD FAITH (SEE SECTION 9 BELOW).

Initial Statement

1 . Account Sign Up

1 . 1 Registration

Registration entails formally recording all eligible individuals who wish to apply for a singular account on WinCrate, provided they meet the criteria outlined in this document and adhere to the terms and conditions stated in these Terms of Service. In the event of registering for multiple accounts on WinCrate, we reserve the right to terminate either one or both of said accounts. Consequently, you shall forfeit all associated rights, including any accrued interests, related to such accounts, as well as any XP or Items acquired on either or both of the aforementioned accounts. To procure Crates or XP on WinCrate or access other remunerative functionalities offered by WinCrate, a valid payment method must be provided. Failure to furnish the requisite information or providing false information will result in the termination of your account at our discretion. Acceptance of registration is subject to our exclusive discretion.

1 . 2 Age and Person Identity Verification

We reserve the right to request evidence of age or identity at any time and for justifiable cause, which may include the need for you to provide a copy of your officially issued photographic identification or tax identification document. It is imperative to ensure accuracy before utilizing any functionality provided by the Services. Failure to provide requested documentation in a timely manner may result in the limitation or denial of your access to WinCrate or any aspect of the Services, including retention of funds in your account balance, refusal of redemptions, exchanges, and other transactions involving Items, as well as refusal to accommodate account closures. While we may request additional information to verify your identity and the information provided, it is important to understand that we do not endorse or sanction any user or Materials posted by our users.

1 . 3 Account and Third Party Sharing

You must refrain from using, attempting to access, or soliciting login credentials for any third-party account. Under no circumstances should you allow any external entity to access or use your account, or disclose your login credentials to a third party. We are not liable for any losses incurred due to the actions of a third party who gains access to your account or utilizes your password, whether with or without your knowledge. You are legally responsible for any financial damages incurred by our organization or any affiliated third party due to unauthorized disclosure of account credentials.

1 . 4 Due Diligence

If you provide false, misleading, inaccurate, incomplete, outdated, or otherwise incorrect information, or fail to promptly update such information to maintain accuracy and completeness, or if we or our authorized agents suspect a violation of this provision, we reserve the right to suspend or terminate your account and decline present or future utilization of WinCrate. Criminal and civil liability may result from such actions. In the event of account suspension or termination, associated privileges and access will be revoked, and discounts will be nullified, necessitating a-la-carte billing for Services provision.

1 . 5 Termination by You (User)

You have the right to terminate your account at your discretion by contacting us at https://wincrate.com. Users must refrain from assigning, transferring, selling, or sharing their account with WinCrate. Any such actions will result in joint and several liability for all applicable fees.

1 . 6 Termination by WinCrate (Service)

We reserve the sole discretion to suspend or terminate your account or any granted licenses, without limitation as to grounds or rationale, at any time. Any unsettled financial obligations will remain outstanding upon termination, whether with or without cause. We are not responsible for preserving terminated account information, which may be permanently deleted at our discretion.

2 . Grant of Rights

2 . 1 Service and Utilities

It is understood and acknowledged that WinCrate provides access to its platform and the Services it offers. Users are responsible for providing their own means of internet access, hardware, and software, along with any associated expenses. Access to specific public domains of WinCrate and the utilization of provided Services and Materials therein are granted to all individuals without charge.

A restricted, non-transferable personal license is granted to users for accessing and using Materials within WinCrate's complimentary sections for private, non-commercial purposes on a single computer or mobile device. This license excludes access to or use of any paid sections or associated content. Additionally, users receive a restricted, non-transferable individual license for accessing WinCrate and utilizing its Services and Materials, subject to limitations imposed by supplementary acquisition of specific paid features and upgrades.

WinCrate reserves the right to impose restrictions on the quantity of Materials accessed or Services made available. The user's license does not constitute a transfer of title, and unauthorized use of Materials is prohibited. By accessing and using WinCrate's platform and Services, users agree to the terms and conditions set forth in this agreement. Any violation of these terms may result in the immediate termination of access to the platform and its Services, as well as potential legal action.

2 . 2 Content

WinCrate may, at its discretion, allow users to submit Content. Except for personally identifiable information, all submitted Content is considered non-confidential and non-proprietary. WinCrate assumes no obligations regarding submitted Content and provides no assurances of confidentiality. Users are solely responsible for the Content they post, and WinCrate retains exclusive ownership rights to it. Users grant WinCrate an irrevocable, unrestricted, perpetual, non-exclusive, royalty-free license to utilize, reproduce, distribute, create derivative works, display, and perform the Content for business operations purposes, including promotion and redistribution across various media formats and channels. Users also grant other WinCrate users a worldwide, non-exclusive, royalty-free license to access, use, replicate, display, and perform the Content through WinCrate, as permitted by these Terms of Service.

3 . Characteristics of WinCrate

3 . 1 Crates

By engaging in the purchase of Crates, you acknowledge and agree to the potential receipt of the following: (a) XP with a fair market value equivalent to or exceeding the Crates price, (b) Items with a fair market value equivalent to or exceeding the Crates price, or (c) a combination of XP and Items with a collective fair market value equivalent to or exceeding the Crates price. The purchase price of the Crate will be promptly debited from your Credits. Upon completing a crate purchase, a visual animation will represent the transaction. It's important to note that the animation is solely illustrative, and the depicted Items may not always match those revealed. Occasionally, the animation may fail to load or display accurately. Images representing Crates are for visual aid purposes only and do not guarantee the contents of the Crates. While efforts are made to accurately present the Items purportedly within Crates, variations may occur between the visual representation and the actual contents. All items reasonably and equitably packaged within the Crates are clearly listed on the WinCrate platform. The outcome of the acquired Crate is determined by the algorithm employed, which is designed for fairness and verifiability. For further clarification, please refer to our Provably Fair page.

3 . 2 XP

The XP feature allows users to enhance their status and access more Free Crates daily, potentially containing superior Items. XP can be lawfully acquired directly from WinCrate or as substantive content within a Crate. Upon acquiring XP, Credits equivalent to the purchase price are deducted, and the XP is reflected in your account. XP, or Experience Points, is non-transferable among users and holds a tangible real-world value, equivalent to the explicitly listed price on WinCrate, a commerce platform.

3 . 3 Free Exclusive Crates

We may provide specific complimentary daily benefits, such as access to designated complimentary containers known as "Free Crates," depending on your level of engagement. Engaging in XP acquisition, whether through purchase or as an Item in a Crate, may elevate your level, increasing the quantity of Free Crates available daily, weekly, and monthly. WinCrate also awards complimentary crates for each new level that a user obtains. Failure to promptly access the free Drop(s), free Crates, etc forfeits entitlements, restricted solely to unachieved levels.

3 . 4 Cryptocurrency

We may offer the option to pay for Services or withdraw funds using digital currencies like Bitcoin, subject to our discretion and potentially for a limited duration. Cryptocurrency transactions are irreversible, and refund decisions rest solely with us. Refunds may be in cryptocurrency or equivalent cash value, at our discretion. Additional administrative fees may apply to cryptocurrency transactions. By engaging in cryptocurrency transactions, you acknowledge the significant volatility and associated financial risks. We do not guarantee cryptocurrency valuations and advise conducting independent assessments.

4 . Product Redemption

4 . 1 Redeeming Products/ Goods

PLEASE NOTE: at this time, WinCrate is facilitating delivery of Items exclusively to individuals in the United States of America and Canada (except for those states where WinCrate is not offered). Residents of other countries may opt for item exchange for a cryptocurrency withdrawal. Should you opt to physically receive the aforementioned Item(s) from your designated Crate, we may request specific details regarding item selection and delivery. These details may include, but are not limited to, delivery address, email address, or size specifications. Failure to provide comprehensive and accurate information may result in termination of the redemption process, reimbursement, or imposition of a justifiable additional fee to indemnify us for any supplementary efforts. WinCrate assumes no responsibility for failure or delay in supplying the Item(s) if attributed to incomplete or inaccurate information provided by you.

4 . 2 Delivery and Fees

Delivery costs (excluding customs, duties, or associated importation fees, if applicable) will be presented as previously indicated. You acknowledge responsibility for all transportation and importation costs of the Item(s). Our third-party service providers may inform us of your payment of necessary importation fees, or postal service personnel may request importation fees from you. We disclaim responsibility for any importation fees, regardless of third-party notifications. To avoid remitting importation fees, contact our support department before redeeming the Item(s) to confirm dispatch location. Upon payment of applicable delivery and importation fees, and provision of necessary information, we will promptly deliver the Item(s) to you, subject to unforeseen delays beyond our control. Delivery time typically ranges from three (3) to thirty (30) days.

4 . 3 Acquisition of Goods

WinCrate endeavors to procure all items redeemed by users to the best of its ability. If an item cannot be obtained for any reason, we reserve the right to terminate the redemption process and issue a corresponding refund. Please note that certain items may pose challenges due to their scarcity, uniqueness, or procurement difficulties encountered by the WinCrate team.

4 . 4 Failure to Accept Delivery

If you, as the recipient, are unavailable at the designated location upon the arrival of the aforementioned Item(s), you must acknowledge the possibility of receiving written communication containing instructions for rescheduling delivery or retrieving the Item(s) from a nearby storage facility. Failure to arrange for rescheduling or retrieval may result in consideration for a refund at our discretion.

4 . 5 Delays

If the supply of the aforementioned Item(s) is subject to untimely delays due to circumstances beyond our control, we will promptly notify you and take necessary measures to mitigate the impact of such delay. It is important to note that we are not responsible for delays arising from such circumstances. However, if significant delays are anticipated, we kindly request that you contact us to terminate the redemption process and obtain reimbursement for any duly redeemed Item(s) not yet received.

4 . 6 Lost in Delivery

If you suspect your Item(s) have been lost during delivery, please contact us via email at Support@wincrate.com. We may require evidence of non-shipment, and it is important to note that a refund will not be granted without such proof.

4 . 7 Damaged or Faulty Goods

If you receive damaged or faulty item(s), please email us at support@wincrate.com. You may need to return the Item(s) at our expense before being eligible for a refund. If the Item(s) are not returned or found to be undamaged, no refund will be issued.

4 . 8 Refusing Redemption

Under certain circumstances, particularly when an Item is unavailable or when an error occurs in the description or pricing of the Item(s), we may be unable to process your order and reserve the right to decline redemption. In such cases, we may offer you credit equivalent to the value of the Item(s). These circumstances include: modifications to the Item(s); notifications of errors in the description or pricing; substantial risk of significant delays due to external factors beyond our control; temporary suspension of supply for technical reasons or regulatory requirements; or your legal entitlement to terminate the contract due to our actions. In such situations, you are required to promptly return all previously delivered Item(s) to us, with the delivery costs assumed by us.

4 . 9 Request for Reimbursement of Item(s)

You are eligible for reimbursement under this provision only if: (a) you meet the prerequisites outlined herein, (b) you return all Item(s) for which you seek a refund, and (c) you bear the expenses of returning said Item(s) to us unless otherwise agreed upon. Reimbursement for delivery expenses is limited to the costs of our lowest available delivery method. If you opt for expedited delivery at an additional cost, any refund will be limited to the amount for the standard delivery option. Refunds for the Item(s) may be issued directly to you, or in Credit or cryptocurrency, deducting any applicable fees. Alternatively, we may provide replacement Item(s) similar in nature or of equal or greater value.

4 . 10 Refunds for Unused Credits.

Monetary refunds for the assessed value of the Item(s) are not customary. However, we reserve the discretion to reimburse you directly for the monetary equivalent of any unused Credits you have purchased. Refunds for Credits acquired through the exchange or return of Item(s) are not available

5 . Financial Transactions

5 . 1 Credits

Upon furnishing us with accurate and current payment details, you have the discretion to deposit Credits into your account. These Credits can then be utilized for the acquisition of Crates and XP, or for accessing various other functionalities provided by WinCrate. Pricing details for each Crate are prominently displayed on WinCrate at the time of acquisition. Similarly, the price of XP is clearly presented at the moment of purchase on WinCrate. Pricing details for any alternate products, services, or features, along with associated charges, are also transparently shown on WinCrate during the acquisition process.

5 . 2 Value of Items

The value of any Item(s) is consistently displayed within the description of the Item(s) at all times. Therefore, it's crucial to understand that the valuation of Item(s) obtained by you corresponds to their value at the exact moment of redemption, exchange, upgrade, or any other divestiture. This valuation is not based on the value of the Item(s) at the time of your acquisition.

5 . 3 Fees

By acknowledging and agreeing, you recognize that WinCrate reserves the exclusive right to levy additional charges for the usage of its platform or any associated provision, and to modify its fee structure at its discretion. You also acknowledge and consent to the fact that pricing for Crates, Item valuations, and any fees may be subject to daily updates. Upon departure from WinCrate, all prior prices, valuations, offers, and discounts become void. You hereby assume full responsibility for promptly settling all fees or account charges resulting from any transactions, purchases, exchanges, or upgrades related to your account, adhering strictly to our billing policies and those of our authorized third-party billing agent. Any charges on your banking statement related to our services are acknowledged and accepted by you. Failure to settle your account in full by the designated due date renders it delinquent. Additionally, you acknowledge and consent to promptly clear any outstanding sums upon account cancellation or termination.

5 . 4 Third-Party Payment Processing

WinCrate employs various third-party payment processors and gateways, and reserves the right to engage additional processors and gateways at its discretion for handling all payments. These third parties may impose additional terms and conditions regarding payment processing, which you must comply with. WinCrate shall not be held liable for any consequences resulting from your breach of these terms.

5 . 5 Changes to Your Billing Information

You are required to promptly inform our third-party billing agent of any modifications, including changes to your residence or credit card details used for billing purposes in relation to your WinCrate usage, if applicable. You assume full responsibility for any chargebacks, dishonored checks, or associated fees incurred by WinCrate related to your account, in addition to any penalties imposed by our third-party billing agent.

5 . 6 Chargebacks

In the event of a chargeback resulting from a purchase made on the WinCrate platform, we reserve the right to terminate your account.

5 . 7 Modifications to Our Billing Procedures

We assert our authority to make changes to our payment structure and invoicing procedures at any time, including the addition of administrative or supplementary fees, without prior notice to you.

5 . 8 Refunds

You acknowledge that all transactions, including the purchase of Crates and XP, are considered final and non-refundable according to our policy. Additionally, the return or exchange of any revealed XP from your Crate is strictly prohibited. We retain the sole discretion to handle all refund requests.

5 . 9 Billing Errors

If you believe you have been inaccurately billed for any account-related actions, you must promptly notify our designated third-party billing agent of the alleged error. Failure to rectify the error within 30 days of its initial appearance on your account statement implies your acceptance of the fee in question. By not reporting any discrepancies within this timeframe, you release us from liability. These terms supplement any terms mandated by third-party billing entities, and it is your responsibility to review and comply with their terms in conjunction with ours.

5 . 10 Fraudulent Use of Credit Cards

We take instances of credit card fraud seriously and will notify the appropriate law enforcement agencies if fraudulent activity is detected, resulting in the termination of your account.

5 . 11 Withdrawals

You must utilize all deposited Credits on WinCrate before you are eligible to withdraw them.

6 . Prohibited Uses

7 . Law Enforcement

We pledge to fully comply with any requests or directives from law enforcement authorities or courts related to the disclosure of the identity or whereabouts of any user found to be in violation of these Terms of Service. This cooperation will be conducted in strict accordance with our carefully crafted privacy policies, subpoena compliance policies, and all relevant laws and regulations. If your involvement in any activity results in WinCrate receiving a subpoena, discovery request, production order, or court order, necessitating expenditures for compliance, court-related expenses, or legal fees, you agree to promptly reimburse WinCrate for such expenses, costs, or legal fees upon our request.

8 . Affiliates

8 . 1 Affiliate Program

You have the opportunity to participate in our esteemed Affiliate Program ("Program") and receive compensation ("Commissions") at prevailing rates ("Rates") displayed on the Affiliate Dashboard for each user who successfully completes unboxing one Crate using your unique referral code ("Referral Code"). We acknowledge and affirm your entitlement to access and join the Program, as well as to market, advertise, and promote WinCrate using the Referral Code, all in strict accordance with the provisions outlined in these Terms of Service. This license, being revocable at will, may be revoked without prior notice. The Referral Code's use is restricted to promoting WinCrate and constitutes a violation of these Terms of Service if used otherwise. Termination or withdrawal from the Program or WinCrate automatically terminates your license to use the Referral Code, with all rights reverting back to us.

8 . 2 Affiliate Website and Referral Content

You are granted permission to display the Referral Code on your personal affiliate website ("Affiliate Website") and advertise the Affiliate Website through content published on third-party websites ("Referral Content"). However, you must refrain from directly disseminating the Referral Code on any external online platform not under your ownership or control, including third-party websites and social media platforms. Paid advertising referencing the Referral Code or WinCrate is prohibited, but including a link to the Affiliate Website in paid advertising is permitted under certain conditions outlined in these Terms of Service. We reserve the right to demand actions such as removing the Referral Code from the Affiliate Website or eradicating Referral Content on third-party websites that violate these guidelines. You acknowledge and agree to comply with any requests made in accordance with these terms and conditions. The entirety of the responsibility for the Affiliate Website and all Referral Content shall rest solely upon your shoulders. If you harbor any uncertainty regarding the conformity of the Affiliate Website or any Referral Content with the stipulations set forth in these Terms of Service, we kindly request that you reach out to us before disseminating the Referral Code on the Affiliate Website or sharing any Referral Content on external online platforms. You hereby affirm and assert that you possess lawful ownership or control over the Affiliate Website and have the requisite authority to publish the Referral Content on any and all third-party websites where you choose to disseminate said Referral Content. You hereby affirm and guarantee that you possess exclusive ownership of all requisite rights, title, and interest pertaining to any materials employed on the Affiliate Website or within the Referral Content. Furthermore, you assert that said materials are devoid of any claims made by third parties and do not encroach upon or contravene any intellectual property rights, publicity rights, or any other applicable law, rule, or regulation. We hereby declare that we shall not be held accountable for any responsibilities pertaining to the materials that are accessible on or through the Affiliate Website or any Referral Content. This includes the absence of any obligation to examine or supervise said materials. By participating in the Program, you hereby acknowledge and consent to assume full responsibility for any and all claims, charges, debts, allegations, or lawsuits that may arise as a direct result of your involvement. It is your solemn duty to indemnify and hold us harmless from any and all liabilities or legal actions stemming from your participation in said Program.

8 . 3 Prohibited Uses of the Program

8 . 4 Affiliate Exclusivity

By participating in the Program, you are prohibited from engaging in any form of participation in the affiliate or promotional programs of, or providing any "influencer" or internet marketing services to, any other entity involved in the mystery Crate, regardless of the nature of said entity's services. Should you breach the aforementioned exclusivity provision, we reserve the right to suspend your account and adjust your affiliate percentage to zero (0%) percent. Requests for remedying this breach should be directed to support@WinCrate.com and will be subject to our discretion.

8 . 5 FTC Compliance

To ensure full compliance with regulations set forth by the Federal Trade Commission (FTC), it is imperative that all parties involved understand and agree that all forms of deceptive or unfair advertising are strictly prohibited under applicable laws and regulations. If you have any doubts or uncertainties regarding prerequisites stipulated by pertinent advertising or trade practices legislation, seeking legal counsel prior to undertaking any promotional activities is imperative. For further clarification on deceptive trade practices within the jurisdiction of the United States, please refer to the authoritative source: www.FTC.gov. By engaging in commercial activities within the United States or conducting business transactions with U.S.-based customers, you affirm your commitment to wholeheartedly adhere to FTC statutes and regulations, as well as associated rules, policies, and advisory opinions. Commissions will not be remunerated for transactions that contravene these regulations and may be withheld if such behavior is suspected.

8 . 6 Commissions

You understand and agree that Commissions and Rates may be adjusted at our discretion, without prior notice, and without incurring any penalty on our part. It is important to acknowledge that you comprehend and consent to the possibility of Rates being structured in tiers. You explicitly acknowledge that you are entitled to receive Commissions only for Rates within the specific tier that you have successfully attained. Any changes to our Rates will apply exclusively to Commissions generated after the announcement of such modifications. By participating in the Program, you acknowledge and agree that it is your responsibility to regularly review the Rates on the Affiliates section of WinCrate. Your continued participation in the Program will serve as clear evidence of your consent to any modifications made to the Rates. You also acknowledge and consent to our right, at our absolute discretion, to refuse or withhold payment of Commissions and to terminate your account in the Program due to any questionable conduct, including an unusually high number of chargebacks. In the unfortunate event of termination of these Terms of Service for justifiable cause, all entitlements to Commissions shall be forfeited, and you shall be indefinitely prohibited from engaging in any activities associated with the Program. Upon request, you agree to provide us with a Social Security number, Employer Identification Number, or Individual Taxpayer Identification Number to facilitate the issuance of an IRS form 1099. Failure to provide this information may result in the termination of your account.

8 . 7 Limitation of Liability

Under no circumstances shall either party be liable to the other for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, loss of data, loss of business, or any other form of loss arising from or as a result of your participation in the Program, regardless of whether the other party has been advised of the possibility of such damages. These provisions apply regardless of negligence or fault on the part of either party and irrespective of whether liability arises from a contractual, negligent, tortious, or any other legal basis. It is acknowledged and agreed that in the event we are liable to you for any damages, the total amount of liquidated damages for all claims, without exception, shall not exceed two hundred dollars (U.S. $200.00). By continuing to use WinCrate's Services, you acknowledge and affirm the existence and applicability of this limited liability provision.

9 . Dispute Resolution and Damages

For any dispute not subject to arbitration (such as if you reside in a jurisdiction that does not permit mandatory arbitration, or as specified herein, arbitration does not apply (such as permitted small claims court actions or matters exempted from arbitration), you and WinCrate agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Dover, Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and WinCrate shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.

9 . 1 Binding Individual Arbitration; No Class Actions.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9 . 2 First, many issues can be resolved quickly and amicably by contacting our customer support at support@wincrate.com.

9 . 3 Informal Resolution – Try to Work It Out.

If You have an issue that our customer support cannot resolve, prior to starting arbitration You and WinCrate agree to attempt to resolve the dispute informally. You and WinCrate agree to make a good-faith effort to negotiate Your dispute for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day WinCrate receives a written Dispute Notice in accordance with these Terms.

• You must send your Dispute Notice to: WinCrate Legal Department, ATTN: DISPUTE NOTICE, support@wincrate.com. You must include your name, any Username you use, address, how to contact You, and the issue or problem You are experiencing.
• If the dispute is not resolved within Informal Resolution or small-claims court (below), You or WinCrate may start an arbitration in accordance with these Terms.
• Small Claims Court: Following Informal Resolution, You and WinCrate agree that either You or WinCrate may bring a case in small-claims court (if the matter meets the requirements of small-claims court).
• Binding Individual Arbitration: THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT NO CLASS ACTIONS ARE PERMITTED.
• You and WinCrate agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms of Service. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.
• This means that you and WinCrate agree to a dispute-resolution process where either you or WinCrate submit any dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the dispute.
• The arbitrator’s decision is final and can be enforced like any other court order or judgment.
• Disputes We Agree to Arbitrate: You and WinCrate agree to submit all Disputes between you and WinCrate (except those specifically exempted below) to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and WinCrate that relates to your use or attempted use of WinCrate’s products or services and WinCrate’s products and services generally, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.
• You and WinCrate agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
• The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) an action to compel or uphold any prior arbitration decision; (3) WinCrate’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; and (4) claims of intellectual-property infringement.
• You and WinCrate agree that whether a dispute is subject to arbitration under these Terms of Service will be determined by the arbitrator rather than a court.
• Arbitration Procedure: To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to WinCrate Legal Department, ATTN: ARBITRATION OF DISPUTE, support@wincrate.com. WinCrate will send our copy to your registered email address and any billing address you have provided us.
• The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience. You and WinCrate both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Service.
• If an in-person hearing is required, the hearing will take place either in Cook County, Illinois, or where you reside; you choose. Illinois law will apply, without regard to conflict of law provisions.
• The arbitrator (not a judge or jury) will resolve the Dispute.
• The arbitrator may not award relief against WinCrate respecting any person other than you.
• Any decision or award may be enforced as a final judgment by any court of competent jurisdiction.
• Arbitration Fees and Location: If you start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations.
• If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
• Notice and Filing: If a Dispute must be arbitrated, you or WinCrate must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. The failure to provide timely notice shall bar all claims.
• Continuation in Effect: This Binding Individual Arbitration section survives any termination of these Terms of Service or WinCrate’s provision of services to you.
• Class Action Waiver: To the maximum extent permitted by applicable law, you and WinCrate agree to only bring Disputes in an individual capacity and shall not: (a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or (b) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.
• Severability: If all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then you and WinCrate agree that the provision will be severed and the rest of these Terms of Service shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and WinCrate agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without WinCrate’s express consent.
• Opt-Out: 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: [support@wincrate.com, Attn: Arbitration Opt-Out]. The notice must be sent within 30 days of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, WinCrate also will not be bound by them.

10 . Disclaimers

10 . 1 We Make No Warranties.

We acknowledge that our provision of access to WinCrate and utilization of the Services is presented in its current state, without alterations or improvements. We explicitly disclaim any guarantee or assurance that WinCrate or the Services will meet your specific needs or prerequisites.

We hereby renounce all warranties, whether explicitly stated, mandated by law, or implied, including warranties of merchantability, fitness for a specific purpose, diligent effort, quality, suitability, veracity, utility, performance, accuracy, entirety, dependability, security, title, exclusivity, peaceful enjoyment, and non-infringement, as well as warranties pertaining to uninterrupted, punctual, secure, error-free access to WinCrate or utilization of the Services, and warranties guaranteeing the prevention of content loss, to the utmost extent permitted by relevant legislation.

We reserve the right to modify or alter any information present on WinCrate at our discretion, as well as to remove any or all materials available on the platform. We affirm that there is no obligation on our part to provide updates to the Materials. WinCrate hereby disclaims any and all warranties with respect to any goods or services acquired or obtained through the platform, as well as any transactions entered into via said platform. No warranties shall surpass the explicit provisions contained within these Terms of Service, nor shall any warranties arise by virtue of performance, customary business practices, or trade usage.

10 . 2 Use at Your Own Risk.

By accessing WinCrate and utilizing the Services, you explicitly acknowledge and consent that such access and utilization are undertaken entirely and exclusively at your own risk. You acknowledge and understand that we cannot provide any guarantee or warranty, explicitly or implicitly, that WinCrate or the Services shall be devoid of viruses, worms, Trojan horses, or any other form of code that may exhibit contaminating or destructive properties. We shall not assume any responsibility or assume any risk in relation to your access or utilization of the Internet, WinCrate, or the Services. You acknowledge and consent that any Materials acquired or otherwise procured through WinCrate shall be undertaken at your own discretion and risk, and that you shall bear exclusive responsibility for any harm to your computer system or loss of data arising from your engagement.

10 . 3 Third-Party Links.

WinCrate may include hyperlinks directing users to external websites operated by third parties. These links are provided solely for informational purposes. They should not be construed as an endorsement by us of the linked websites or any information obtained from them. We assert that we possess no authority or dominion over the substance contained within external websites, and we disclaim any liability for said websites or any potential detriment or harm that may ensue from their utilization. We reserve the prerogative to unilaterally terminate any hyperlink, without limitation as to timing or circumstance.

10 . 4 No Responsibility for User-Generated Materials.

WinCrate may incorporate Materials uploaded by our esteemed users, encompassing various forms of content. We explicitly absolve ourselves of any responsibility for user-generated content within the Materials. It is acknowledged that Materials are predominantly disseminated by users, and we do not endorse the viewpoints expressed in any user-generated content. You acknowledge that Materials may originate from diverse sources, and we bear no responsibility for their accuracy, utility, security, or intellectual property rights. You acknowledge the possibility of encountering inaccurate, offensive, illegal, indecent, obscene, or objectionable Materials and relinquish any rights or remedies against us regarding such exposure. We are not obligated to pre-screen or monitor Materials but retain the right to decline publication, delete, or obstruct Materials violating these Terms of Use, without prior notification. To file an abuse complaint, contact us at support@wincrate.com.

10 . 5 Violations of Law.

Accessing WinCrate and utilizing its Services in contravention of any legal statute is strictly forbidden. Any involvement in services contrary to legal statutes will result in immediate termination of access. We disclaim liability for damages arising from your actions or those of any user violating applicable laws. By entering this agreement, you agree to defend, indemnify, and hold us harmless from any liability resulting from your violation of applicable laws, including indemnifying us for any harm caused to third parties.

11 . Indemnification

You agree to defend, indemnify, and hold WinCrate, its officers, directors, shareholders, employees, contractors, telecommunication providers, and agents harmless from any claims, actions, losses, liabilities, expenses, costs, or demands arising from your actions or those under your authority. This includes claims by governmental agencies and damages resulting from the use or misuse of WinCrate or the Materials, or any violation of these Terms of Service. We will promptly inform you of any claims and reserve the right to collaborate in their defense at your cost. We may engage in the defense at our discretion, but are not obligated to do so.

12 . Limitation of Liability

You hereby acknowledge and agree that WinCrate shall not assume any liability towards you concerning user-generated Materials or the offensive or illegal conduct of any individual. You understand that the sole responsibility for any potential harm or damage resulting from this matter lies entirely upon you, and you explicitly absolve us from any legal responsibility or liability arising from user-generated materials or individual actions. You discharge, acquit, and release us, including the parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any allegations, charges, debts, causes of action, and claims related to the utilization of WinCrate. This includes claims regarding negligence, intentional misconduct, privacy violations, intellectual property infringement, financial loss, and technical failures. This release is intended to encompass a broad range of claims and shall be construed in favor of WinCrate. WinCrate disclaims liability for losses or damages resulting from Materials, personal injury, unauthorized account access, transmission interruptions, malicious software, incompatibility issues, and content identification. Unauthorized access or alterations to your account, data, or content by third parties may result in legal consequences.

13 . Intellectual Property

13 . 1 Trademarks

WinCrate, referred to herein as the "Brand," stands as our proprietary brand name and registered trademark. We steadfastly advocate for the protection and preservation of our intellectual property rights. Any product or service names of other manufacturers mentioned herein may be recognized as trademarks and service marks belonging to their respective companies. These trademarks and service marks belong solely to their owners, and any public usage of them without explicit written consent is strictly prohibited. Utilization of any marks, logos, domains, and trademarks found on WinCrate is strictly prohibited for public use unless explicit written consent is obtained from our organization. Furthermore, such utilization must not cause confusion among consumers or defame or undermine WinCrate's reputation.

13 . 2 Copyrights

With the exception of Materials contributed by users, such as those within the chatroom, it is vital to recognize these Materials as our exclusive proprietary information, embodying invaluable intellectual property. We maintain exclusive ownership, legal rights, and vested interests in these Materials. WinCrate, the mentioned Materials, and our proprietary software are safeguarded under copyright law. These Materials shall not be subject to copying, distribution, republication, modification, uploading, posting, or transmission without our advance written consent. You shall not remove or modify any copyright, trademark, trade name, service mark, or any other proprietary notice present on any Materials without explicit permission, as it constitutes a violation of our intellectual property rights.

13 . 3 Notification of Copyright Infringement

We uphold the intellectual property rights of all parties involved and commit to adhering to the provisions outlined in the Digital Millennium Copyright Act ("DMCA"). WinCrate may, at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or that of someone you represent has been infringed, please provide WinCrate’s Copyright Agent with a written Notice containing specific information. This includes: an electronic or physical signature, a description of the infringed work, the location of the infringing material, your contact information, and statements confirming your belief in the unauthorized use and the accuracy of the provided information. WinCrate’s Copyright Agent can be reached via support@wincrate.com. To be valid, a Notice must follow the provided instructions and be in writing. You may also use this contact information to report alleged violations of other intellectual property rights.

14 . General

14 . 1 Entire Agreement

This communication constitutes a formal declaration of the entire agreement between the parties. The present Terms of Service, in conjunction with any other legally binding notices or agreements provided by us on the WinCrate platform, collectively establish the comprehensive agreement governing the relationship between you, as a user, and us, concerning your utilization of WinCrate. These provisions supersede any prior terms, understandings, or agreements, whether written or oral, between yourself and our party regarding the utilization of WinCrate. A printed version of the Terms of Service, along with any electronically provided notices, shall be admissible in legal proceedings related to these terms. The current version of the Terms of Service holds equal evidentiary weight and is subject to the same stipulations as any other business documents and records originally produced and preserved in physical printed format.

14 . 2 Policies of Our Service Providers

You acknowledge and consent to our utilization of specific third-party service providers for delivering the Services to you. It is your responsibility to acknowledge and adhere to any user terms, privacy policies, or other policies mandated by these third parties for accessing their services. In case of a conflict between these policies and our own, our policies shall prevail and govern.

14 . 3 Assignment and Delegation

The assignment of rights or delegation of performance under these Terms of Service may occur without notice to you. However, you are prohibited from assigning, delegating, or sublicensing any of your rights or duties without our prior express written consent. Any attempted assignment or delegation contrary to this provision shall be deemed null and void.

14 . 4 Severability

If any provision within these Terms of Service is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, provided the essential terms governing the rights and obligations of each party remain valid, binding, and enforceable.

14 . 5 Cumulative Remedies

The remedies outlined in these Terms of Service are cumulative and not exclusive. This implies that the exercise of any particular right or remedy by one party does not preclude that party from asserting any other rights or seeking additional remedies available under the law, equity, statute, any other agreement between the parties, or any other means.

14 . 6 Successors and Assigns

The provisions stated herein, concerning the Terms of Service outside the European Union, shall apply and be enforceable for the parties involved, as well as their respective successors and assigns.

14 . 7 Force Majeure

WinCrate shall not be held liable for any failure to fulfill its obligations due to unforeseen circumstances or causes beyond our reasonable control. These circumstances include, but are not limited to: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics, pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for as long as the event continues to impede our ability to perform; and unlawful acts committed by our employees, agents, or contractors.

14 . 8 Notices

Pursuant to the provisions set forth in these Terms of Service, any notice that we are obligated to provide shall be duly delivered through the following means: firstly, by electronic mail to a valid and operational email address belonging to the party intended to receive such notice; secondly, by means of a publicly accessible announcement on the WinCrate platform; or thirdly, by way of personal delivery facilitated by a reputable commercial carrier. Notices from customers to our firm shall be provided by contacting us through the designated contact button on WinCrate unless explicitly stipulated otherwise within the confines of these Terms of Service. Pursuant to the provisions outlined in these Terms of Service, either party shall have the right to modify the designated address for receiving notices, provided such address is accurate for reaching the designated recipient and complete. Such modification shall be effected through the delivery of written notice to the other party. Notices shall be deemed legally effective and binding upon the recipient upon successful delivery. Notices duly dispatched via an expeditious courier service shall be deemed effectively delivered on the subsequent business day following dispatch. Notices delivered by any means other than those mentioned shall be considered duly given upon actual receipt. Either party, hereinafter referred to as "Party," shall have the right, at their sole discretion, to modify the designated address, email address, or recipient for any notice, as stipulated herein, by providing the other Party, hereinafter referred to as the "Other Party," with suitable written notice. Any notice that is properly addressed, yet subsequently refused, unclaimed, or undeliverable, due to an act or omission committed by the party intended to receive said notice, shall be considered legally effective as of the initial date on which said notice was declined or determined undeliverable by the relevant postal authorities, messenger, email server, or overnight delivery service.

14 . 9 Communications are Not Private

Our establishment does not provide any means or infrastructure for the transmission or reception of private or confidential electronic communications. All communications conveyed to our organization shall be considered readily accessible to the general public. It is imperative that you refrain from utilizing WinCrate as a means to convey any form of communication exclusively intended for your own perusal and that of the designated recipient. Please be advised that any and all communications inputted into the WinCrate platform shall be subject to scrutiny and perusal by the duly authorized agents and operators of WinCrate, irrespective of their intended addressees.

14 . 10 Authorization and Permission to Send Emails to You

You grant us the authority to transmit electronic correspondences, including but not limited to emails, advertisements, and notifications, to your designated email address. The aforementioned authorization shall remain in effect until such time as you explicitly instruct us to exclude your person from our electronic mail registry. You acknowledge and consent that any unsolicited email communication received from us or our affiliates shall not be deemed as spam, as per the legal definition of said term.

14 . 11 Consideration

By acquiring specific paid features, you are granted the privilege to access and utilize WinCrate, the Services, and the Materials, subject to the limitations imposed. This grant is contingent upon your full compliance with all the stipulations outlined in these Terms of Service. You hereby acknowledge and affirm that the aforementioned consideration is deemed satisfactory and has been duly received upon your act of accessing or retrieving any segment of WinCrate.

14 . 12 Electronic Signatures

By utilizing the services provided by WinCrate, you hereby acknowledge and consent to the binding nature of any affirmation, assent, or agreement that you transmit through said platform. It is hereby acknowledged and affirmed that, upon your future act of clicking on an "I agree," "I consent," or any other similarly worded button, check Crate, or entry field, utilizing your mouse, keystroke, or any other computer device, your agreement or consent shall possess legal validity and be subject to enforcement, thereby constituting the legal equivalent of your handwritten signature.

14 . 13 English Language

The Terms of Service and the corresponding website policies have been meticulously drafted in the English language by our organization. I hereby affirm and acknowledge my representation of comprehension and agreement with the English language rendition of the Terms of Service in their currently published form. We hereby assert that we shall not bear any responsibility or legal obligation towards you or any other individual or entity for any financial or monetary burdens arising from the translation of these Terms of Service that are not applicable within the European Union. Should you elect to undertake the translation of these Terms of Service, it is imperative to acknowledge that such action is undertaken entirely at your own peril, for it is unequivocally established that only the English language rendition holds legal force and effect.

14 . 14 Export Control

You are fully cognizant and expressly recognize that the software components encompassed within the Materials on WinCrate may potentially fall under the purview of regulatory oversight by governmental entities, which impose restrictions on the exportation or diversion of software and other commodities to specific nations and third-party entities. The diversion of said Materials in contravention of the laws of the United States or international law is strictly prohibited. You shall refrain from providing aid or engaging in any form of involvement in any diversion or any other act that contravenes the prevailing laws and regulations. You, as the party in question, hereby affirm and guarantee that you shall refrain from granting any form of license or authorization to any individual or entity who has not been duly sanctioned or authorized to obtain controlled commodities in accordance with the relevant laws and regulations. Furthermore, you pledge to strictly adhere to said laws and regulations in all respects. You hereby acknowledge and affirm that you are in full agreement that none of the aforementioned Materials shall be obtained, transported, conveyed, or re-exported, whether directly or indirectly, to countries that have been designated as proscribed or subject to embargo, nor shall they be made available to individuals who are citizens or nationals of said proscribed countries. Furthermore, you acknowledge and affirm that the Materials shall not be utilized for activities that have been deemed proscribed.

14 . 15 No Agency Relationship

No provision within these Terms of Service applicable to individuals shall be interpreted as, or deemed to establish, generate, imply, enforce, or otherwise acknowledge a partnership, employment relationship, joint venture, or formal business entity of any nature. The rights and responsibilities of the involved parties shall be confined solely to those explicitly stated within this document.

14 . 16 Usages

In these Terms of Service, the following usages will apply unless otherwise stated or the context indicates otherwise: References to a statute include the statute itself and any subsequent statutes, as well as all regulations issued under or implementing the statute, as they are in effect at the relevant time. When calculating periods from a specified date to a later specified date, the terms "from" and "commencing on" (and similar expressions) mean "from and including," while the terms "to," "until," and "ending on" (and similar expressions) mean "to but excluding." References to a governmental or quasi-governmental agency, authority, or instrumentality will also encompass any regulatory body that takes over the functions of the mentioned agency, authority, or instrumentality. "A or B" denotes "A or B or both." Similarly, "A, B, or C" implies "one or more of A, B, and C." This construction extends to longer sequences as well. The term "including" signifies "including, but not limited to."

14 . 17 No Waiver

Any waiver or action undertaken by our party shall not be construed as a waiver of any subsequent default of the same provision contained within these Terms of Service. In the event that a court of competent jurisdiction determines that any term, clause, or provision contained herein is invalid or unenforceable, it is important to note that such invalidity shall not have any impact on the validity or effectiveness of any other term, clause, or provision. Furthermore, the term, clause, or provision that has been deemed invalid or unenforceable shall be considered as separate and distinct from these Terms of Service.

14 . 18 Headings

The headings contained herein are provided solely for the purpose of convenience and shall not in any way alter, modify, or impact the interpretation, construction, or enforceability of these Terms of Service.

14 . 19 Other Jurisdictions/Foreign Law

We hereby declare that we do not assert or guarantee that WinCrate, the Services, or any of the Materials are suitable or accessible for utilization in alternative jurisdictions. Furthermore, we hereby state that accessing said entities from territories where their content may be deemed unlawful or otherwise forbidden is strictly prohibited. Individuals who elect to access WinCrate and avail themselves of the Services from said locations do so of their own volition and bear exclusive responsibility for ascertaining adherence to all pertinent local statutes. Nowhere within these Terms of Service shall any provision be construed as an acknowledgment that WinCrate is bound by the legislation of any jurisdiction other than the United States.

14 . 20 Service Not Available in Some Areas

You are hereby advised that you are bound by the statutes, regulations, ordinances, and other legal provisions of the state, province, city, country, or any other legal jurisdiction in which you currently maintain your residence or from which you gain access to the WinCrate platform. WinCrate is rendered null and void in jurisdictions where its operation is prohibited or subject to legal restrictions. In the event that you choose to initiate an account or engage in activities on WinCrate whilst situated within a jurisdiction that is expressly prohibited, it is imperative to acknowledge that such actions would contravene the laws of said jurisdiction as well as the stipulations outlined in these Terms of Service. Consequently, you may face the consequence of having your account suspended or terminated, without any prior notice being provided to you. By accepting these terms, you acknowledge and agree that WinCrate shall not be held accountable or subject to liability in the event that your participation is restricted or prohibited due to the application of laws that are relevant to you. WinCrate hereby disclaims any and all representations or warranties, whether implied or express, pertaining to your legal entitlement to engage in any Service provided on the WinCrate platform. Furthermore, it is explicitly stated that no individual associated with WinCrate, or purporting to be associated with WinCrate, possesses the authority to make any such representations or warranties. The undersigned hereby asserts and affirms the prerogative to impose limitations on the availability and accessibility of WinCrate within any given jurisdiction.

15 . Promotions

From time to time, WinCrate may offer special promotions, including sweepstakes and other promotions (collectively, “Sweepstakes”). For these Sweepstakes, NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

Sweepstakes will have dedicated terms and conditions accessible from the designated entry page. Specific details related to entry, prizing, and other special terms for any specific sweepstakes promotion (“Rules”) will be posted.

Eligibility: Unless otherwise noted, the Sweepstakes will be open and offered only to legal residents of the fifty (50) United States, including the District of Columbia, who are at least eighteen (18) years of age and have reached the age of majority in their jurisdiction of residence at the time of entry. Employees of WinCrate and their immediate families (parent, child, sibling, or spouse) and/or household members of respective parent companies, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies, and any other persons or entities associated with this promotion are not eligible to participate in the Sweepstakes. Entrants must have access to the Internet. The Sweepstakes are subject to all applicable federal, state, local, and municipal laws and regulations.Void where prohibited.

Sponsor: All Sweepstakes are sponsored by WinCrate (“Sponsor”).

Agreement to Official Rules: By participating, you agree to be fully unconditionally bound by the Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding, and waive any right to claim ambiguity in the Sweepstakes or the Rules.

Sweepstakes Period: All Sweepstakes shall include a “start” and “end” date. All entries must be received during the specific dates and times to be eligible to win, according to Sponsor’s time clock. The end time, unless otherwise noted, will always be 11:59 PM, Eastern time (regardless of Daylight Savings Time), according to Sponsor’s internal time clock. Sponsor is not responsible for any misdirected or otherwise late entries.

How to Enter: The method of entry is specific to the Rules of the Sweepstakes. Unless otherwise noted, only one entry per natural person per Sweepstakes. Attempts to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, and logins, or any other methods, will void Entrant's entries and Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

Sweepstakes Prize(s); Conditions: Upon confirmation of eligibility, a winner will receive the prize(s) as set forth in the Sweepstakes. Approximate retail value (“ARV”) of the prize(s) will vary and will be specified in the Sweepstakes announcement. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winning a prize may constitute a taxable event, contingent upon the ARV and the frequency of wins within a calendar year. Tax obligations, if applicable, are solely the responsibility of the winner(s), who retain the option to decline the prize. Upon acceptance of a prize triggering tax liabilities, the recipient will receive an IRS Form 1099 for the ARV of the awarded prize(s). Any and all federal, state, or other tax liabilities (including income taxes) arising from any Sweepstakes will be the exclusive responsibility of each winner accepting a prize. Additionally, any expenses associated with the receipt and use of the prize shall be borne solely by the winner. Prizes depicted in promotional materials may be for illustrative purposes only, and the actual prize may differ. Substitution or transfer of prizes is prohibited, and recipients may not request a cash equivalent. In certain instances, prizes may be delivered in the form of a coupon or electronic gift card equivalent to the ARV. Any unspecified details or restrictions regarding the prize(s) will be determined by Sponsor at its sole discretion. Prize limitations, if any, will be outlined in the Specific Promotion.

Odds: The likelihood of winning depends on the number of eligible entries received by the Sweepstakes end date.

Winner Selection and Notification: Notification procedures will be specified in the Sweepstakes entered. The Sponsor's decisions regarding Sweepstakes administration, winner selection, and notification are final and binding. Within one (1) week following the Sweepstakes period's conclusion, the Sponsor will randomly draw the specified number of potential winners from all valid entries. Potential winners will be contacted by the Sponsor and must respond within a specified time frame to claim the prize. Failure to respond may result in forfeiture of the prize. Potential winners may also receive a declaration of eligibility, liability, and publicity release ("Release"). Unless legally restricted, potential winners must complete and return the Release by a specified date from the notification date. An alternate potential winner may be selected from remaining eligible entries if the initial winner fails to provide required documentation, cannot accept the prize, or is otherwise disqualified. Compliance with all federal and state laws and regulations is a condition of prize receipt. Violation of Official Rules may result in disqualification. Prizes will be fulfilled promptly after the Sweepstakes concludes.