Ugami Rewards Terms & Conditions
“This document has been prepared in English and has been translated into Spanish solely for the convenience of the reader. In the event of any conflict between this document and the English version, the English version shall prevail”.
Last updated: 09/05/2024
Ugami Rewards Terms & Conditions
These Important information about the Ugami Rewards program and this Agreement
1. Overview
This document describes how the Ugami Rewards program works and is an agreement between you and Ugami, Inc. (“Ugami”). By participating in the Ugami Rewards program (the “Program”), you agree to be bound by these terms and conditions for the Program , the terms of use for the Ugami website and the Ugami mobile application (together the “Website”), and the Ugami Privacy Policy each of which is a legally binding contract between you and Ugami regarding your participation in the Program and is incorporated by reference herein as well as the respective terms of use of the third-party messaging apps that Ugami utilizes such as WhatsApp, Discord, Telegram, iMessage and Facebook Messenger, among others (together the “Messaging Apps”) Interpretation of these Terms and any other Program Rules (as defined below) shall be at our sole discretion. Your participation in the Program is expressly conditioned upon your compliance with these Terms and with all present and future Program Rules, terms, regulations, policies and procedures that Ugami may, in its discretion, adopt from time to time. The Program is void where prohibited by law. You agree that enrolling in the Program indicates your acceptance of these Terms.
2. Definitions
In this document, the following words have the special meanings below:
“Account” shall mean your Ugami account;
“Authorized User” shall mean anyone legally authorized by you to use your Account;
“Inactive Account” shall mean a Membership Account for which no Ugipoints have been earned for 6 months.
“Member”, “Rewards Member”, “you” or “your” shall mean the person who elects to earn Ugipoints by enrolling in the Ugami Rewards Program, who is responsible for the Program Membership Account and compliance with this Agreement;
“Membership Account” shall mean the Program account through which the Member participates in the Program;
“Messaging Apps” shall mean the third-party messaging apps that you can use to contact Ugami including, but not limited to, WhatsApp, Discord, Telegram, iMessage and Facebook Messenger;
“Points” or “Ugipoints” shall mean points earned by Members through use of the Program which may be used to make purchases in the Ugami Store;
“Program” shall mean the Ugami Rewards Program;
“Terms” or “Program Rules” shall mean the Ugami Rewards Program terms and conditions, along with any other rules, terms, regulations and policies and procedures that Ugami may issue in writing in conjunction with the Program, which shall, in Ugami’s discretion, be incorporated therein by reference hereto;
“Tier Status” means the membership tier level achieved based on number of Ugipoints earned which is further defined in the section 9, “Tier Status;”
“Ugami”, “Company”, “we” or “our” shall mean Ugami, Inc., the sponsor of the Ugami Rewards Program;
“Ugami App” or “App” shall mean the Ugami Application that may be used with the Program, which can be downloaded from the Apple App Store or Google Play;
“Ugami Store” shall mean the online store available at https://Ugami.com/store/
“Website” shall mean the Ugami Website at https://Ugami.com/ and the Ugami mobile application.
3. Eligibility
The Program is offered only to (a) legal residents of the United States and Canada (b) who are at least eighteen (18) years of age or older or, if you are between the ages of 13-18, have a parent or guardian who has authorized your participation in the Program. The Program is not available to users who are under the age of 13.
Only individuals are eligible to participate in the Program and each individual may maintain only one (1) Membership. You must be legally competent to enter contracts to participate in the Program. Ugami reserves the right to limit the number of Members in the Program. If you are eligible to participate in the Program, you can enroll in Rewards for no cost.
If you are not eligible to participate, you are prohibited from accessing, using and enrolling in the Program.
4. Changes to This Agreement
We may make changes to the Program and the Terms at any time and at our sole discretion. For example, we may temporarily or permanently prohibit you from earning Points, using Points you’ve already earned, or using any features of the Program at any time and at our sole discretion, and/or we may:
add new Program terms, delete Program terms or change existing Program terms;
change how you earn Points;
change how you may use Points;
change the rate(s) at which you earn Points;
limit the number of Points you can earn;
change what you can get with your Points;
expire Points.
We may supplement these Terms with additional terms, conditions, disclosures, and agreements that will be considered part of these Terms.
We reserve the right to terminate, expire, modify or restrict any aspect of the Program at any time with or without notice, including cancellation of your Membership in the Program with or without cause.
5. Notice of Changes
We’ll give you notice of changes to the Program or the Terms by posting an updated copy of these Terms when you log in to our Website or use the App.
We won’t provide notice when we change what you can get with your Points. You understand and agree that we can make these changes at any time. You can see what you currently can get with your Points when you access the Ugami App or log in to our Website or by asking us in a Messaging App. Future availability of any specific items isn’t guaranteed. Your continued participation in the Program after we make any change signifies your acceptance of such changes.
6. How You Can Earn Points
Achievements
You will earn Points for taking certain actions (“Achievements”). For example, you can earn Points for:
Connecting your Steam, PlayStation and Xbox accounts to your Ugami account and playing your favorite games;
Downloading and playing new games from links on the Ugami site or Messaging Apps;
Completing surveys and taking polls;
Watching video ads for new games; and
Taking advantage of offers from our third-party partners.
We reserve the right to change the list and type of Achievements at any time without advance notice. Achievements may offer more Points to certain users or at certain times. The number of Points you will earn from an Achievement will be displayed on the Home Screen or in the Activity Section of the Ugipoints tab. Many Achievements are hosted or sponsored by third parties. By participating in an Achievement hosted or sponsored by a third party, you will be subject to the third party’s terms of use and privacy policy.
Points earned from Achievements post to your account immediately. We will let you know if it will take longer for your Points to post. You may view your Points by logging into your Membership Account.
7. Tier Status
The Program will include Loyalty Tiers (“Loyalty Tiers”), Loyalty Tiers are based on the cumulative number of Points earned as outlined below:
Status |
Levels |
Next Status |
TLU Required (03/21) |
ugipoints Awarded |
Points To Next Reward |
Game Newbie |
Level 1-9 |
Level 10 |
0 |
|
2000 |
Coin Collector |
Level 10-19 |
Level 20 |
10000 |
200 |
2000 |
Casual Crusader |
Level 20-29 |
Level 30 |
20000 |
400 |
2000 |
Button Masher |
Level 30-39 |
Level 40 |
30000 |
600 |
2000 |
Pixel Pugilist |
Level 40-49 |
Level 50 |
40000 |
800 |
2000 |
Quest Seeker |
Level 50-59 |
Level 60 |
50000 |
1000 |
2000 |
Pixel Pioneer |
Level 60-69 |
Level 70 |
60000 |
1200 |
2000 |
Treasure Tracker |
Level 70-79 |
Level 80 |
70000 |
1400 |
2000 |
High Score Hero |
Level 80-89 |
Level 90 |
80000 |
1600 |
2000 |
Game Juggler |
Level 90-99 |
Level 100 |
90000 |
1800 |
2000 |
Brain Buster |
Level 100-109 |
Level 110 |
100000 |
2000 |
2000 |
Screen Smasher |
Level 110-119 |
Level 120 |
110000 |
2200 |
2000 |
Game Globetrotter |
Level 120-129 |
Level 130 |
120000 |
2400 |
2000 |
Couch Commander |
Level 130-139 |
Level 140 |
130000 |
2600 |
2000 |
Mobile Magician |
Level 140-149 |
Level 150 |
140000 |
2800 |
2000 |
Arcade Alchemist |
Level 150-159 |
Level 160 |
150000 |
3000 |
2000 |
Digital Pharaoh |
Level 160-169 |
Level 170 |
160000 |
3200 |
2000 |
Star Player |
Level 170-179 |
Level 180 |
170000 |
3400 |
2000 |
Pixel Demi-God |
Level 180-189 |
Level 190 |
180000 |
3600 |
2000 |
Game Guru |
Level 190-199 |
Level 200 |
190000 |
3800 |
2000 |
38,000 |
8. Leaderboards
There will be two LEADERBOARDS to start:
- GLOBAL
- COUNTRY
Users will get the opportunity to earn an additional Ugipoints bonus by placing on the leaderboards each week.
The duration of each Leaderboard “Contest” is 7 days.
Begins: 12:00 am EST – Monday Weekly
Ends: 11:59:59 EST – Sunday Weekly
Weekly contest begin August 1, 2024 and end December 31, 2024
GLOBAL:
- the TOP 25 Ugipoint earners PLAYING ANY GAME across ALL COUNTRIES GLOBALLY win $100 in UP each week
COUNTRY:
- the TOP 25 Ugipoint earners PLAYING ANY GAME across USA win $100 in UP each week
- the TOP 25 Ugipoint earners PLAYING ANY GAME across CANADA win $100 in UP each week
Payouts are here:
RANK | Ugipoints | PAYOUT |
1 | 20,000 | $20.00 |
2 | 15,000 | $15.00 |
3 | 10,000 | $10.00 |
4 | 10,000 | $10.00 |
5 | 5,000 | $5.00 |
6 | 5,000 | $5.00 |
7 | 5,000 | $5.00 |
8 | 5,000 | $5.00 |
9 | 5,000 | $5.00 |
10 | 5,000 | $5.00 |
11 | 1,000 | $1.00 |
12 | 1,000 | $1.00 |
13 | 1,000 | $1.00 |
14 | 1,000 | $1.00 |
15 | 1,000 | $1.00 |
16 | 1,000 | $1.00 |
17 | 1,000 | $1.00 |
18 | 1,000 | $1.00 |
19 | 1,000 | $1.00 |
20 | 1,000 | $1.00 |
21 | 1,000 | $1.00 |
22 | 1,000 | $1.00 |
23 | 1,000 | $1.00 |
24 | 1,000 | $1.00 |
25 | 1,000 | $1.00 |
TOTAL | 100,000 | $100.00 |
TIEBREAKER RULES:
If leaderboard winners are tied and have the same amount of UgiPoints and same ranking at the end of the contest period, the following will determine the final placement and payout on the leaderboard.
1 – Player with MOST GAME SESSIONS PLAYED within the leaderboard time period – would secure the top position
and if that is the same – then
2 – Player with the MOST TOTAL LIFETIME UGIPOINTS EARNED – would secure the top position.
The leaderboard contests are designed and implemented independently by Ugami Inc.
9. Ways to Earn Bonus Points.
You can earn bonus Points (“Bonus Points”) by referring friends to sign up for and use an Account. The person who refers (the “Referrer”) will be given 2,500 Ugipoints as a bonus when the person they referred (the “Referee”) opens an Account. In order for the Referrer to earn Bonus Points, a Referee must:
Meet the eligibility requirements of the Program;
Be new user of Ugami;
Sign up to become a user using a Referrer’s custom referral link or other method supplied that allow for proper tracking of referrals; and Consent to having information about the fact that they have opened an Account shared with their Referrer.
Ugami shall determine the eligibility of any Referee in its sole discretion. You will not be eligible to earn Bonus Points if the Referee is found to be fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with our Program Rules.
The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers from earning Bonus Points: (i) self-referral; (ii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iii) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”; (iv) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (v) placement of Our logos or mention of Our trademarks or tradenames in any ad text, extensions or banner ads; (vi) paid advertising for the purpose of generating traffic directly to your referral link; (vii) misleading or attempting to mislead anyone in connection with the Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; and (viii) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals.
10. How You Can Use Your Points.
You can use your Points to make purchases in the Ugami store. We may, from time to time, provide additional ways for you to use your Points in addition to those described in this Agreement. Redemption values for Points may vary, and Point availability may not me immediate..
You are responsible for how Points are used, including if you allow Authorized Users to access your Points. To use your Points, minimum and maximum amounts may apply. We’ll let you know about any minimum or maximum amounts, as well as any additional terms and conditions, before you use your Points.
Once Points have been used, the transaction is considered final and may not be cancelled unless otherwise noted at the time of the transaction.
Delivery times for items purchased at the Ugami store may vary. Some items can’t be shipped to PO Boxes or foreign addresses. Applicable sales/use taxes, fees, surcharges, and shipping and handling charges are your responsibility. We will let you know when these charges apply.
Ugami is not responsible for replacing lost, stolen or damaged redemption items, including promo codes, tickets or gift cards or for a merchant’s failure to honor them.
11. How You Could Lose Your Points/Point Expiration
Your Points don’t expire if your Membership Account is open and in good standing, however, you will immediately lose all your Points if your Membership Account status changes to inactive, or your Account is closed, for any of the following reasons:
– You fail to earn Ugipoints for six (6) months or more. Your Account will become Inactive and your Points will expire and will not be available to redeem for Rewards
– you fail to comply with this or other agreements you have with Ugami;
– we believe that you’ve engaged in fraudulent activity related to your Account or the Program;
– we believe that you’ve misused the Program in any way, for example:
– by the unauthorized buying or selling of Points, unless expressly authorized through the Ugami App;
– by moving or transferring Points to an ineligible third party or account; or
– by repeatedly opening or otherwise maintaining Accounts for the purpose of generating Points or rewards.
Upon cancellation of your Membership Account or Account for any reason, you will lose all Points immediately, regardless of when or how they were acquired.
If we decide to cancel the Program, you will immediately lose your points
12. Caution and Warning.
Ugami reserves the right to reject, revoke, cancel, terminate, or suspend any Membership, benefit, and/or any and all Points, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Ugami, in its sole discretion, believes: (a) the Member has (1) violated any of the Program rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program; or (b) Ugami’s provision of the Program and/or any associated benefits to Member may violate any applicable laws to which Ugami is subject from time to time.
Any attempt to deliberately damage or undermine the legitimate operation of the Program or the App may be a violation of criminal and civil laws. Should such an attempt be made, Ugami reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation by a Member may subject that Member to cancellation of his/her Membership and will affect eligibility for future participation in the Program. Ugami reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event a Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentations to Ugami.
13. Negative Points Balance.
If you have a negative balance in your Rewards Account, any Points you subsequently receive will be applied first to reduce the negative balance. You will not be able to use Points until your balance becomes positive. The balance in your Rewards Account can be negative if, for example, we determine that you are ineligible to receive a Points incentive award and you do not have enough Points in your Rewards Account to cover the reversal of that award.
14. Termination/Cancellation.
The Program has no predetermined termination date and may continue until such time as we, at our sole discretion, elect to designate a Program termination date. We may, in our sole discretion, terminate the Program, in whole or in part, at any time.. Ugami reserves the right to cancel the program at any moment without previous notice. If you wish to cancel your participation in the Program, you may contact our customer service team at [email protected].
15. Other Important Information You Should Know.
Notwithstanding the foregoing, Ugami’s failure to exercise any of its rights under these Terms or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. Events beyond Ugami’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow Ugami to suspend or terminate the Program.
All dollar amounts referred to in these Terms are in U.S. dollars (USD). If you are based in Canada, we will disclose the CAD$ value of your Ugipoints at the time of conversion.
We may assign our rights and obligations under these Terms to a third party, who will then be entitled to any of our rights that we assign to them.
We’re not responsible for any disputes about the Program you may have with any Authorized Users on your account.
You agree to indemnify and hold Ugami and its third-party service providers and all of their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an Authorized User’s: use of the Program, any fraud or misuse of the Program, violation of these Terms and/or violation of any applicable law or the rights of any third party.
Other than the Ugami Store, any merchants and third-party service providers that participate in the Program are not affiliated with us and are not sponsors or co-sponsors of the Program. All participating merchant and third-party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third-party service providers are subject to change without notice.
Participating merchants and third-party service providers are solely responsible for the quality and performance of any products or services they provide. Ugami is not responsible for any aspects of the products and services provided by participating merchants other than the Ugami Store or third-party service providers.
The Program is void where prohibited by federal, state, or local law.
These Terms and use of the Program is governed by federal law, as well as the law of Delaware, and will apply no matter where you live or use the Program.
16. Communications.
We may send communications about the Program and marketing messages to you at any mailing or email address in our records or through our online services, Website, Messaging Apps, SMS or the Ugami App.
By providing your phone number and enrolling in the Program, you are providing Ugami or our agents your express consent to receive marketing messages, SMS, and texts, including by automated means, at the number provided, even if the number is on a corporate, state, or national Do Not Call list. You acknowledge and agree that you are not required to agree as a condition of any purchase or service. To opt-out of marketing messages, please contact our Customer Service team at [email protected].
Let us know right away about any changes to your contact information in the Ugami App or on our Website.
17. LIMITATION OF LIABILITY AND RELEASE
BY ENROLLING IN THE PROGRAM, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THIS AGREEMENT; (B) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST UGAMI, ITS PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE PROGRAM AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS’ OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE PROGRAM AND/OR APP, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR ANY OFFER OR BENEFIT; (II) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN THESE TERMS OR ANY PROGRAM MATERIALS, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS FROM MEMBER ACCOUNTS; (III) ANY CHANGE IN ANY BENEFIT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY OR DUE TO REASONS BEYOND UGAMI’S CONTROL; (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE PROGRAM OR ANY COMPONENT THEREOF; (V) HUMAN ERROR; (VI) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE APP, COMPUTER SYSTEM, POS, COMPUTER TIMING AND/OR DATING MECHANISM, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY ANY OF THE RELEASED PARTIES OR BY YOU; (VII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY; (VIII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE, POINTS, OFFERS, DISCOUNTS OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF); (IX) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, OFFERS, DISCOUNTS, OR OTHER BENEFIT; AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR THE ACCEPTANCE OR USE OF ANY BENEFIT. BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS, HEIRS, EXECUTORS, AND ADMINISTRATORS, AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY POINTS, OFFER, REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE)
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PANDEMICS/EPIDEMICS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.
THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
18. DISCLAIMER OF ALL WARRANTIES
WITHOUT LIMITING THE FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PROGRAM, APP, WEBSITE, AND ALL POINTS, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
NEITHER UGAMI NOR ITS AFFILIATES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
NEITHER THE PROGRAM NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY MEMBERS AGAINST UGAMI. A MEMBER’S USE OF THE PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER’S PARTICIPATION IN THE PROGRAM.
19. Severability
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Terms should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from these Terms in such a manner as to enable the remaining portions of these Terms to remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms. It is expressly understood and agreed between you and Ugami that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.
20. Privacy
For an explanation of Ugami’s practices and policies relating to the collection, use, and storage of Member personal information, please refer to Ugami’s Privacy Policy. Ugami, its agents, affiliates, subsidiaries, representatives or service providers may use Members’ personal information for purposes of Point fulfillment and/or for marketing, such as to notify them of a product or promotion that may be of interest.
Ugami Giveaways & Promotions Terms & Conditions
Ugami will run periodic giveaways or promotions (“Promotions”) for the Ugamers to win different prizes or bonuses. In order to participate, the user needs to be 18 years of age or older as of the date of entry if Ugami does not advise otherwise.
Promotions are only open to legal residents of the United States and Canada and are void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of Ugami, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household are not eligible to participate in Promotions.
Promotions are subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Agreement to Rules: By entering a Promotion, the contestant (“You”) agree to comply with and abide by these Ugami Giveaways & Promotions Terms & Conditions (the “Rules”), the Ugami Terms & Conditions available at [LINK] (the “Ugami Terms”) and the decisions of Ugami, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept Ugami’s decisions as final and binding as it relates to the content of this campaign. Entrants should look solely to Ugami with any questions, comments, or issues related to the Promotion.
The duration of time will be specified in the promotional images and communications sent to the users, as well as the time when the winner can expect to receive the prize or bonus.
1) How to enter
The Promotion must be entered by following the steps specified in the promotional images and messaging shared via social media or communications (emails, in-app, push notifications, messages). The entry must fulfill all requirements of the Promotion, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the Rules or specifications of the Promotion, may be disqualified at the sole discretion of Ugami.
You must provide the information requested. You may not enter more times than permitted under the Rules of the Promotion by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. If you use fraudulent methods or otherwise attempt to circumvent the Rules of the Promotion,, your submission may be disqualified at the sole discretion of Ugami.
Prizes will be specified in the promotional materials shared via social media or communications (emails, in-apps, push notifications, messages). The specifics of the prize shall be solely determined by Ugami. No cash or other prize substitution shall be permitted except for at Ugami’s discretion. The prize is non-transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner.
Acceptance of the prize constitutes permission for Ugami to use the winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Odds of Winning: The odds of winning depend on the number of eligible entries received.
2) Winner Selection and Notification
The winner will be selected under the supervision of Ugami. The winner will be notified within seven (7) days of the winner’s selection. Ugami shall have no liability for a winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information. If the winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate winner selected.
Receipt of the prize offered in this campaign by the winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the winner at Ugami’s sole discretion will result in the winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
3) Rights Granted by the Entrant
By submitting any content (e.g., photo, video, text, etc.) in a Promotion, You understand and agree that Ugami and anyone acting on behalf of Ugami or its respective licensees, successors, and assigns shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
By submitting any content, you represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Ugami. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims.
You shall indemnify, defend, and hold harmless Ugami from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Ugami may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
4) Terms and Conditions
Ugami reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion, should virus, bug, non-authorized human intervention, fraud, or other cause beyond Ugami’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion,. In such cases, Ugami may select a winner(s) from eligible entries received before and/or after the action taken by Ugami if appropriate.
Ugami reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion, or website or violates these Terms & Conditions. Ugami has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Promotion or the Rules; or the use of bots, macros, scripts, or other technical means for entering.
Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion, may be a violation of criminal and civil laws. Should such an attempt be made, Ugami reserves the right to seek damages to the fullest extent permitted by law.
5) Limitation of Liability
By entering the Promotion, you agree to release and hold harmless Ugami and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Promotion, and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Promotion,; (iii) electronic or human error in the administration of the Promotion, or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
6) Disputes
These Terms are governed by the “Governing Law, Arbitration and Class Action/Jury Trial Waiver” section of the Ugami Terms.
7) Winners List
To request a copy of the winners list, please contact Ugami. Requests must be sent within four (4) weeks of the end of the Promotion. The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, X, Instagram, YouTube, Reddit, or any other social networks that are used to share the Promotion,. You understand that you are providing your information to the owner of the Promotion, and not to Facebook, X, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn, or any other social networks.
8) Acceptance of Rules
By participating in the Promotion, you have affirmatively reviewed, accepted, and agreed to all the l Rules, and the Ugami Terms .U