TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING.
Last Modified: January 4, 2019 - 9:00 (GMT -5:00)
Welcome to Our Site’s User Agreement (hereinafter “Agreement” or “Terms and Conditions”). The provisions of this Agreement will govern your use of Our Site and the Promotion described below, and you should therefore take some time to read the Agreement carefully. We hope that you thoroughly enjoy our services, and we anticipate that you will find Our Site and Services useful and entertaining. Should you have any questions or comments regarding Our Site, or its policies, please feel free to contact us at: firstname.lastname@example.org.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®.
You agree and acknowledge, as condition of participating in the Service, that Facebook® does not sponsor, endorse, administer, or is in any way associated with, the Service. All questions regarding the Service must be directed to Provider, not Facebook®. You also agree that as a condition of participating in the Service you shall release Facebook® from any and all liability arising out of your participation in said Service.
1. Preliminary Provisions
1.1 These terms and conditions represent legal parameters which simultaneously govern the use of this site and protects you, the player. Players are required to freely agree to all terms and conditions prior to using the site and, in doing so, acknowledge and are bound by those terms and conditions. Should you not agree with our terms and conditions you are free to use another site.
1.2 Party definitions and introductory terms - The operative parties referred to in this Agreement are defined as follows:
Jesterswin.com is a promotional website used to promote sale of products found at the e-commerce online store jestersoutlet.com who is managed by JESTERS OUTLET located at 1205 Lincoln Road, Suite 220. Miami Beach FL 33139. Hereinafter, this third party shall be referred to as “Company.” When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Company as publisher of this Site and the jestersoutlet.com site (the “JESTERS OUTLET site”). Our Site(s), and the Services the Site provides (”Services”), may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, “Materials”).
1.2.2. You, the User - As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns.
1.2.3. User vs. Member - For the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Site or Service in any way. You need not become a Member of the Site to make this Agreement apply to you. You become a Member by registering with the Site for a User ID and password, as discussed below, and by participating in the Promotion.
1.2.4. NO PURCHASE OR PAYMENT NECESSARY to participate in the jesterswin.com Promotion in conjunction with jestersoutlet.com as specified below, for all registered JESTERS WIN Members. PURCHASES DO NOT INCREASE YOUR CHANCE OF WINNING.
1.2.5. Consideration - Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to you in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is both adequate, and that it is received upon your viewing or using any portion of any of Our Site(s) and/or Services.
1.3. Electronic signatures / assent required:
1.3.1. Nobody is authorized to access this Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. By using any part of Our Site or Services in any manner, including the Promotion, You understand and agree that we will consider such use as Your affirmation of Your complete and unconditional acceptance of all of the terms in this Agreement.
1.3.2. If you fail to sign this Agreement, You understand that you are an unauthorized user of the Site and Services, despite any payments or purchases made by You. No act or omission by us should be interpreted as a waiver of the requirement that You assent to this Agreement. If you fail to do so, you are still bound by the terms of this Agreement by virtue of your viewing the Site or using any portion of the Site or Our Services. If you are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services.
1.4. You agree not to use the Services or access the Site if doing so would violate the laws of your state, province, or country.
1.5. Revisions to this User Agreement:
1.5.1. From time to time, we may revise this Agreement. We reserve the right to do so, and you agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version of this Agreement supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
1.5.2. We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. You agree to periodically re-visit this web page, and to use the “refresh” button on your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and that you need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
1.5.3. Waiver – if you fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
1.6. Incorporations by reference. Although this Agreement represents the primary terms and conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found on Our Site(s) and Services, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
2. The JESTERS WIN Promotion
You understand and acknowledge that JESTERS WIN is a lawful promotion and not a traditional casino where your real money is wagered. JESTERS WIN allows participants to purchase online products from jesteroutlet.com with J PTS while also offering the chance to win cash prizes by playing the games provided at jesterswin.com via the use of “chips” that are provided for free and in connection with the purchase of products from the JESTERS WIN Site (the “Promotion”). By participating in the Promotion, YOU UNDERSTAND THAT THERE IS NO PURCHASE NECESSARY, AND PURCHASING J PTS DOES NOT INCREASE YOUR CHANCES OF WINNING, NOR IS PURCHASING J PTS A REQUIREMENT TO PARTICIPATE OR WIN. Many free submission methods are available. JESTERS WIN is a promotional extension of the jestersoutlet.com website, and all participants and patrons agree to strictly adhere to the terms and conditions of jestersoutlet.com and jesterswin.com, including the rules and regulations that govern this Promotion.
2.1. Eligibility - The jesterswin.com Promotion is open to legal residents of certain U.S. States who are eighteen (18) years or older at the time of participation. Residents of the following States are eligible to participate; Arizona, Alaska, California, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Mexico, New Hampshire, New Jersey, New York, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Virginia, West Virginia and Wyoming. Employees of jesterswin.com, or any of its respective parent companies, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable national, federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these official rules and sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling the requirements set forth in this Agreement.
2.2. Timing - The Promotion begins on February 26th, 2018 12:00 am Eastern Time (‘ET’) and runs concurrently up until ten million dollars ($8,800,000) is paid in prizes (the “Promotion Period”). The Promotion is run via the jesterswin.com website, game software application, and other media devices, which may be updated from time to time, without prior notice. Our computer is the official timekeeping device for this Promotion. This Promotion will end when ten million dollars ($8,800,000) in prizes has been paid out.
2.3. How to play - Your participation in the Promotion will begin automatically once You comply with the following requirements: (1) become a registered Member on the jesterswin.com website and (2) complete Your identity and age verification process as required by jesterswin.com administration.
2.3.1. During the Promotion Period, We may in Our sole discretion announce alternative ways (”Bonus Promotions”) to receive additional opportunities for participation in the Promotion. Bonus Promotions will be announced from time to time on the Site and other promotional media devices such as Facebook®, email, Twitter, etc. Multiple participants are not permitted to share the same email address and/or registration account details and/or login credentials. Any attempt by any participant to obtain more than the permitted number of opportunities by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void that participant's plays, and that participant may be disqualified from further participation in the Promotion. Use of any automated system to participate is prohibited and will result in disqualification. We are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the account used to register for the Promotion will be deemed to be the registrant or player. 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. Potential winners may be required to show proof of being the authorized account holder. All submissions become Our sole and exclusive property and will not be returned. All participants authorize Us to contact participants and all other individuals whose email address is submitted as part of this Promotion.
3. Rules and Terms of Promotional Game Play
3.1. You should only take part in the Promotion and games activities of JESTERS WIN if it is legal for You to do so according to the laws of the jurisdiction from where You are playing.
3.2. Under no circumstance may persons under the age of eighteen (18) years participate in this Promotion.
3.3. You understand that Our games, software, promotional and other material is for entertainment and promotional purposes only. You agree that You will not participate in the Promotion or use the Site and Services if You find any of it offensive or objectionable.
3.4. JESTERS WIN reserves the right to de-activate Your account for any reason whatsoever at any time without notifying You. Subject to a review of the reasons for de-activation, any balance in Your account at the time of such de-activation may be credited to You. In its sole discretion, JESTERS WIN reserves the right to void any winnings and confiscate any balance from Your account under any of the following conditions:
3.4.1. If you give wrong or misleading registration, identification or account information.
3.4.2. If you live in a jurisdiction where participation in the games is not allowed by law.
3.4.3. If you are under the legal age as specified in this Agreement or by the laws of Your jurisdiction.
3.4.4. If You are caught cheating or it is suspected by Us that you have made use of or employed any automated system designed to defeat the game software used in the Promotion.
3.4.5. If You have previously cancelled Your credit card or other forms of payments to jestersoutlet.com.
3.4.6. If the name on Your registration account does not correspond with the name on Your credit card(s) used to activate Your registration account.
3.4.7. If there is proof that You have registered more than one active account at a time, as indicated by the game software.
3.4.8. If two or more accounts are generated under the same household. Only one account per household/computer/IP is allowed.
3.4.9. If You have (intentionally or unintentionally) let someone else play on Your account.
3.4.10. If You take part in a Bonus Promotion and cash-in Your prize before fulfilling the requirements of that promotion.
3.4.11. If You have been identified as a bonus abuser, such as playing strategies designed to withdraw promotional prize money.
3.5. You must supply information, such as copies of Your proof of identity, credit card/s and a signed fax-back form etc. to JESTERS WIN for security and verification before any prize payment may be made to You. If You do not supply adequate security information as requested by Us, We reserve the right to cancel winnings from Your account.
3.6. Once You initiate the withdrawal process, You will need to present the required documentation within seven (7) days, before any payment is sent to You. If You fail to provide the requested information within seven (7) days, Your prize amount will be returned to Your balance and will not be sent to You. JESTERS WIN will not be held responsible for any delays caused whatsoever.
3.7. By accepting any prize from Us, You agree to have Your name used for advertising and promotional purposes without extra compensation, except where prohibited by law.
3.8. You are entirely responsible for taxes applicable on any prizes that You gain from JESTERS WIN and the Promotion.
3.9. We reserve the right to replace old games or add new games, promotions and activities without prior notice to You.
3.10. You are responsible for maintaining the confidentiality of Your username and/or password. You must not allow third parties or minors to enter the Site, use Our information or materials, play in the Promotion on Your behalf, or accept prizes on Your account.
3.11. You alone are responsible for any purchases that may be incurred through Your account.
3.12. JESTERS WIN will not be held liable for the player trying to partake in the games or the Promotion in ways not intended by the Company. JESTERS WIN will not be held liable for any computer, internet or other technical malfunction. Malfunction voids all prize pays and plays.
3.13. JESTERS WIN reserves the right to publish Your identity and other information to other entities, banks, credit card companies etc. if We discover that You have been cheating, trying to defraud the Company, or publishing or trying to publish false and malicious information about JESTERS WIN operations.
3.14. The employees, distributors, associates, concessionaries, members of promotional agencies and their immediate families may not participate in the Promotion held by JESTERS WIN.
3.15. We reserve the right to report suspicious transactions to the authorities of Your jurisdiction to prevent money laundering.
3.16. You will hold the Promotion administrator, sponsor, its employees, clients, agents, retailers, media partners, officers, directors, wholesalers, and distributors not accountable and will indemnify same from any and all costs, expenses, liabilities and damages that may arise as a result of the following:
3.16.1. Your acceptance of any prize.
3.16.2. Your use of any and all Materials on the website.
3.16.3. Your participation in the games.
3.16.4. Your submission, use or re-use of the game server.
3.16.5. Your submission, use or re-use of the website.
3.17. Should You have any dispute with regard to any outcome in the games, You must submit Your grievance to the administrator in writing within fourteen (14) days. Should there be a difference between the result indicated on Your software and the server software, the result shown on the Company’s game server software will be the final and determining result of the games.
3.18. Your account may be de-activated, and any balance in Your account may be forfeited to the Company if You do not log onto Your account for a period of one hundred and eighty (180) days or if You do not respond to any subsequent communication from the Company concerning your failure to log onto Your account in the specified time frame.
3.19. All plays must be made with Our user interface provided by the JESTERS WIN website. No other means of playing may be permitted, including ‘robots’. Any detection of non-approved means of playing detected will cause management to take action, including account de-activation, invalidation of wins and plays or other appropriate legal action.
3.20. The player agrees that all payment processing will be handled by its client jestersoutlet.com or other company engaged to payment processing. Bonuses or additional promotions will be considered only with purchases in favor of jestersoutlet.com. Reversed withdrawal won't be accepted for bonus or promotion purposes. It is necessary that all cash prize game submissions have been played-through according to the minimum requirement per game as per the table below.
3.21. Multiple games are provided for use in the Promotion, and each game’s rules and reward tables are listed within the game.
3.22. The promotion concludes when the participant has completed both the play-through requirement and trivia and their balance is higher than $50. At this point the participant will be able to request a prize.
If a participant has concluded their play-through and have a balance of less than $50, they will be required to continue to play until their balance reaches zero or that they achieve a balance higher than $50. As soon as their balance has reached $50 and participant has completed the trivia, the cash prize will be made available for request.
The administrator will review each prize to ensure complete compliance of the promotional rules and results have taken place. The status of the prize can be monitored by clicking on cashier, and payment of the prize will be communicated by email.
Prize amount balance must be $50 or higher in order to proceed with the cash-in.
3.23. Irregular play: Before any prize withdrawals are processed, your play will be revised to avoid any irregular playing patterns. In the interests of fair games, equal, zero or low-margin play or hedge playing /’betting’ (playing with 10% or more of your total Free Play Chips plus bonus) will all be considered irregular play for bonus play-through requirement purposes. Should JESTERS WIN deem that irregular play has occurred; the administrator reserves the right to withhold any withdrawals and/or confiscate all winnings.
3.24. Claiming your prize: Before claiming Your first prize at JESTERS WIN, the authorization form must be properly printed, clearly filled in, and scanned, faxed or emailed back to JESTERS WIN before any prizes are awarded, as set forth above and on the Site. JESTERS WIN reserves the right to request an authorization form at any time and may terminate any account or player who does not satisfactorily complete and/or return the authorization form in a reasonably deemed time period determined by JESTERS WIN.
3.25. A maximum of two thousand dollars ($2,000) in prize money may be awarded per week for each person; all balances will be sent in increments of two thousand dollars ($2,000), each week, in the weeks following the payment of the first prize increment, until the full amount of the prize has been paid.
Players may be disqualified from further participating in the Promotion if they are found to have reversed payments for the purchase of their J PTS due to insufficient funds, chargebacks, or any other reason, irrespective of the purchase method. Free players may also be disqualified if they are found to be participating in an unfair way, abusing bonuses with hedge-playing methods, or opening multiple accounts per person. There may only be one (1) account per person. If it is determined that a player is using more than one (1) account, JESTERS WIN reserves the right to disqualify and close all accounts associated with such user.
3.26. Good faith - Players acknowledge that participation in this Promotion will be in good faith and adhere to the rules and regulations set out in this Agreement.
3.26.1. You agree that jestersoutlet.com, jesterswin.com or a payment-processing company on Our behalf will manage all financial account transactions (‘payment processor’). You hereby agree that the payment processor reserves the right to withhold any payments should the payment processor have reason to believe or any suspicion that You may be engaging in or have engaged in collusion, fraudulent, unlawful, or improper activity.
3.26.2. You agree to fully pay any and all payments due to Us or any third party in connection with Your use of jestersoutlet.com, jesterswin.com, and the Promotion. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of Your payments due, and in any such event You will refund and compensate Us for such unpaid payments, including any expenses incurred by Us in the process of collecting Your payment.
3.27. Winner selection – Promotion winners need to meet the play-through requirements set out by the play-through requirement table above related to the specific games played. The JESTERS WIN software will provide the details and requirements for each game. For regular purchases, the play-through to meet is thirty (30) times the total amount credited in the game chips balance. Bonus promotions may contain different restrictions, as specified in each bonus promotion terms & conditions.
3.28. Verification of potential winners - Potential winners are subject to verification by administrators whose decisions are final and binding in all matters related to the Promotion. Potential winners must continue to comply with all terms and conditions and game rules. Winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or mailing address and/or telephone call, once verification has taken place. The potential winner will be required to sign and return to the administrator, within ten (10) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner of a prize is disqualified for any reason, the administrator will assign the prize to the next winner in line.
3.29. Entry conditions and release - By choosing to participate in the Promotion, You agree to: (a) comply with and be bound by these Terms and Conditions and the decisions of the administrator and/or the judges, which are binding and final in all matters relating to this Promotion; (b) release and hold harmless Us, the sponsor, the judges and each of their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the ”Released Parties”) from and against any and all claims, expenses, and liability including, but not limited to, negligence and damages of any kind to persons and property including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's submission, creation of submission, participation in Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of submission; and (c) indemnify, defend and hold harmless the sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of, or relating to, player's participation in Promotion and/or entrant's acceptance, use or misuse of the prize.
3.30. General conditions - We reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Our reasonable control impair the integrity or proper functioning of the Promotion, as determined by Us in our sole discretion. Any modifications to the Promotion will be noted through the Site. We further reserve the right in Our sole discretion to disqualify any individual if We find such individual to be tampering with the participation process or the operation of the games software or to be acting in violation of these official rules or any other promotion or in an unsportsmanlike or disruptive manner.
3.31. No refunds will be given for any purchase made in JESTERS WIN. J PTS bought at www.jesterswin.com must be used to get goods at www.jestersoutlet.com. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, We reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any term within this Agreement will not constitute a waiver of such provision.
3.32. Limitations of liability - The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software used to access or operate the Site, Services, and/or Promotion; (3) unauthorized human intervention in any part of the entry process to the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of submissions; or (5) any injury or damage to persons or property that might be caused, directly or indirectly, in whole or in part, from Your participation in the Promotion or receipt or use or misuse of any prize. If for any reason Your submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Your sole remedy is another submission in the games, unless it is not possible to award another submission due to discontinuance of the Promotion, or any part of it, for any reason. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these official rules to be available and/or claimed, we reserve the right to halt all prize claims at Our own discretion.
3.33. Malfunction of any equipment or software used with the Promotion, as determined by us, voids all pays and plays.
3.34. Participants may use their Cashout Balance to purchase J PTS. They will be awarded Free Play Chips for their purchase. This offer may vary from the offer found when using other payment methods.
3.35. Any new purchase of J PTS will always reset the current Free Chip balance, regardless of payment method used. This also applies to Coupon Code activations.
Chargeback Abuse Policy
In the event that a chargeback is placed on a purchase, we reserve the right to report the incident for inclusion in a chargeback abuser database. The information reported will include full name, email, order date, order amount, IP address, full address and phone number. Fraud cases will be handled to the full extent allowed by law.
4. Trademark Information
4.1. The name of the Site, JESTERS WIN, is considered a service mark owned by Us. We aggressively defend our intellectual property rights.
4.2. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
4.3. All of the marks, logos, domains, and trademarks that You find on the Site and Services may not be used publicly except with express written permission from Us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Us.
5. Copyright Information
5.1. The Materials accessible from the Site, Services, and any other Site owned, operated, licensed, or controlled by Us are Our proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.
5.2. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without Our prior written consent, except that You may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
5.3. Modification or use of the Materials except as expressly provided in this Agreement violates Our intellectual property rights.
5.4. Neither title nor intellectual property rights are transferred to You by access to the Site and Services.
5.5. All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of Company or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
6. Disputes - Participant agrees that
6.1. Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winner, will be resolved individually, without resort to any form of class action, and You hereby waive any right to bring or participate in a class action against Us. You understand and agree that the remedies allowed in this Agreement are sufficient to redress any claims You may have;
6.2. Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, will be resolved exclusively by the international arbitration located in the Republic of Costa Rica;
6.3. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with participating in the games of this Promotion, but in no event attorneys' fees; and
6.4. Under no circumstances will user be permitted to obtain awards for, and user hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to You. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and sponsor in connection with the Promotion, will be governed by, and construed in accordance with the laws of Costa Rica, requiring the parties to submit to binding international arbitration in the Republic of Costa Rica.
7. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
8.1. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or DHL. Notices by customers to Us shall be given by electronic messages unless otherwise specified in the Agreement.
8.2. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
8.3. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either party may, by giving the other party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
8.4. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
9. Communications Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Us shall be deemed to be readily accessible to the general public. Visitors should not use this Site or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into this Site or Services can and may be read by the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such messages.
10. Force Majeure
We shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; 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, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s or Services’ performance.
11. Miscellaneous Provisions
11.1. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
11.2. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
11.3. Complaints – California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/about_us/contactus.shtml.
11.4. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
11.5. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
11.6. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site, Services and the Materials contained therein, and Your use of the Site and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
11.7. Other Jurisdictions. We make no representation that the Site, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site and Services from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
J Points - J Points ("J PTS") is a Promotional Loyalty Program issued by the Site; this can only be used to acquire goods at www.jestersoutlet.com.
You will have the opportunity to accumulate “Loyalty Points” from now on called “J PTS” through Your use of the Service. J PTS are virtual loyalty points that You can use to “purchase” retail items within the Service. You do not in fact own the J PTS You accumulate and the amounts of any Loyalty Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” J PTS, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points.
1. J PTS can be acquired by purchasing goods at www.jestersoutlet.com, and our customers will be awarded with a promotional rebate on the purchase of certain products, in the form of J PTS.
2. J PTS can also be purchased at www.jestersoutlet.com or by participating in our promotion, located at www.jesterswin.com. Further information regarding our promotion can be found in the JESTERS WIN Terms and Conditions, which are incorporated herein by reference as set forth in Section 1.6 above.
3. There are NO REFUNDS for the purchase of J PTS.
4. J PTS cannot be exchanged for cash, cashed-out, resold, exchanged or transferred in any way. J points can only be used by the individual account holder to obtain or redeem products at www.jestersoutlet.com .
5. New customers or "BRONZE" status customers, who purchase J PTS and participate in our www.jesterswin.com promotion, must use their J PTS before they reach $2000 in J PTS purchases.
6. We reserve the right to withhold any new purchases of J PTS if no use of the J PTS is made to obtain products at www.jestersoutlet.com.
7. Exceptions may be made if the customer would like to purchase high value products. Customers may contact our support team via LIVE CHAT to facilitate the purchase of high value products using J PTS.
8. J PTS is a unique promotional tool designed to give www.jestersoutlet.com customers fun and value.
Free Entry Methods
1. Get $50 in Free Play Chips when you use coupon Code 50FREE. Read rules.
2. Receive $5 in Free Play Chips at jesterswin.com website by sending a mailed request.
3. Check out our Facebook® fan page and your e-mail inbox for regular Free Play Chips and coupon codes https://www.facebook.com/jesterswin/
4. Send us a written testimonial telling us about your experience with Jesters Win for $20 in Free Play Chips. Testimonials must be sent by mail.
For all mailed requests: Participants can receive Free Play Chips by sending a stamped #10 envelope, hand written, to the following address: 1205 Lincoln Road, Suite 220, Miami Beach, FL 33139. Participants must include their full name and return address to the front of the envelope and words: “Free Play Chips” followed by the current month and year (example: Free Play Chips: January 2018). Limit one request per outer envelope. The Free Play Chips will be added to the Participant’s account. NOTE: Participants must ensure that their hand writing is legible. If the Participant’s hand writing is not legible, the entry will be void and the Free Play Chips will not be credited to the Participant’s account.
400% Welcome Bonus up to $100 (WIN400)
1. This promotion is provided by JESTERS WIN.
2. Under the terms of this promotion, JESTERS WIN will give a sign-up bonus of 400% to players who make a J PTS purchase for the first time in the category account. Under the terms of this promotion, the minimum purchase amount is $20 and the maximum purchase amount is $100.
3. Failure to request your bonus before commencement of play will result in a players bonus being null and void.
4. All new account holders have 30 days from the day the account is opened to claim the bonus. Thereafter, the bonus will be disabled.
5. This bonus has a play-through requirement with a minimum of 30 times the combined total of the bonus plus purchase before any prize may be claimed.
6. When the player completes the play-through requirements, the player is then able to claim the equivalent in remaining chips for the equivalent in money.
$50 Free (50FREE)
1. No purchase is required to claim $50 Free Play Chips Bonus.
2. This does not limit participation in future "No purchase required bonus chips".
3. Only one Bonus per customer allowed.
4. This promotion is redeemable for new registrations only.
5. This bonus has minimum play through requirement of 30 times, depending on the game played.
6. There is no maximum cashout limit with this promotion.
7. Register with coupon code 50FREE and get $50 Free Play Chips.
$100 in Free Play Chips with a purchase of $20 in J points (XTRA100)
1. Your account must be on zero in order to partake in this promotion.
2. Only a purchase of $20 in J points is required.
3. This bonus has a play through requirement with a minimum of 30 times and needs a minimum current balance of $50 before any prize may be claimed.
4. This promotion can only be claimed once during the promotional period.
5. This offer is only available for the following States: Arizona, Alaska, California, Colorado, Dakota, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Maine, Massachusetts, Maryland, Minnesota, Missouri, New Mexico, New Hampshire, New Jersey, New York, Nebraska, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Virginia, West Virginia and Wyoming.
6. This promotion is valid from the 26th of March 2018 to the 31st of August 2020. GMT-5 Time.