Terms & Conditions
TERMS OF SERVICES
AGREEMENT TO TERMS
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
LEGAL COMPLIANCE
Participation within the United States of America (U.S.A.)
You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Skill Challenge or contests arranged and established through the Site or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Skill Challenge facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.
INTELLECTUAL PROPERTY RIGHTS
USER JURISDICTIONS
- Be at least eighteen (18) years of age or the age of majority in Your Jurisdiction of residence, whichever is greater, at the time of Account creation (please note You must be at least nineteen (19) years of age at time if You are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if You are a legal resident of Massachusetts);
- Be physically located in your respective jurisdiction (“Jurisdiction”) in which participation in the contests is not prohibited.
- Not be a person barred from participating in the Contests under the laws of the United States of America; and
- At all times abide by these Terms.
- all registration information you submit will be true, accurate, current, and complete.
- you will maintain the accuracy of such information and promptly update such registration information, as necessary.
- you have the legal capacity, and you agree to comply with these Terms of Use.
- you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- you will not use the Site for any illegal or unauthorized purpose; and
- your use of the Site will not violate any applicable law or regulation.
USER REGISTRATION
We request your consent to enable LootMogul web notifications, with the exclusive aim of delivering updates, informative content, and improving your LootMogul platform interaction. If no response is provided to this permission popup, it will be automatically construed as an affirmative response. If desired, you have the option to disable notifications within your settings. Please note that this notification setting is browser-specific and applies regardless of the device you are using. Please be assured that your privacy and preferences are important to us, and we will only use this feature to enhance your LootMogul experience. For more information on how we handle your data, please refer to our privacy policy.
YOUR ACCOUNT
PERSONAL LOCATION DATA:
PROHIBITED ACTIVITIES
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use the Site to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice rom any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
INFLUENCER AND AFFILIATES
By creating an account on lootmogul, you agree to provide true, accurate, current, and complete information. You agree not to create a lootmogul account using a false identity or providing false information or if you have previously been removed or banned from our lootmogul. You are responsible for maintaining the confidentiality of your lootmogul account information, including your username and password. You are responsible for all activities that occur on or in connection with your lootmogul account and you agree to notify us immediately of any unauthorized access or use of your lootmogul account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your lootmogul account.
Content or technology created on lootmogul for influencer branding such as influencer branded quiz, video, marketing materials etc. will remain rights of lootmogul. We or our licensors own all right, title, and interest in and to: (i) our product and the “look and feel” of our site, including all software, ideas, processes, data, text, media, and other content available on our site (individually, and collectively, content); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, content, and marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of content or use the marks without our prior express written consent.
All assets including Non-Fungible Tokens – NFTs created by LootMogul for influencers, fans, gamers, users are owned by LootMogul for life. LootMogul can use any of these branded assets with affiliates or inside the platform.
If you are or may become subject to National College Athletic Association (NCAA) or NBA (National Basketball Association), NFL (National Football League), MLB (Major League Baseball), NHL (National Hockey League), MLS (Major League Soccer) rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.
Our site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your lootmogul quiz and marketing materials (collectively, “Influencer Content”). When you upload, submit, store, send, transmit approve, or receive Influencer Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Influencer Content works better with our Site or otherwise), and to use your Influencer Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Influencer Content may, in lootmogul’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Influencer Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Influencer Content. You further acknowledge and agree that lootmogul has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by lootmogul as a result of any such advertising).
For each influencer lootmogul quiz, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the influencer lootmogul quiz with your social media profile, mention and tagging, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).
You and lootmogul agree and declare you and lootmogul are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of lootmogul, and will not represent yourself as such. As an independent contractor using our platform to provide marketing, artistic, writing, and photography services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance. You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.
You represent and warrant that as between lootmogul and you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.
You will use your own equipment to perform your obligations under these Terms.
You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.
Your relationship with lootmogul is non-exclusive, meaning that you may provide similar services to third parties, including lootmogul’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms..
You may cancel your site account at any time by contacting [email protected]. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion.
You acknowledge and agree that the LootMogul will have n liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site.
Our site and social media channels may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of your contributions have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive ll moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
APPLE AND ANDROID DEVICES
SOCIAL NETWORKING DISCLAIMER
SUBMISSIONS
THIRD-PARTY WEBSITE AND CONTENT
ADVERTISERS
SITE MANAGEMENT
COMPLAINT AND DISPUTE RESOLUTION PROCESS
This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action, or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested.
You must send any Notice of Dispute by U.S. Mail to 3301 Ocean Park Blvd, #205 Santa Monica, CA-90405. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration. You may also litigate any Dispute in small claims court in your county of residence or Santa Monica, California, if the Dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether you negotiated informally first.
BINDING ARBITRATION
CLASS ACTION WAIVER
ARBITRATION PROCEDURE
CLAIMS OR DISPUTES
EQUITABLE RELIEF
LANGUAGE OF THE TERMS
INDEMNIFICATION
- Your breach or alleged breach of terms of this contract/agreement in whole or in part with and other rules and regulations in relation to LootMogul Services, including provision of incorrect address or other personal details.
- In connection with any fraudulent behaviour or alleged fraudulent behaviour with which you were involved in connection with LootMogul..
- Use by any other person accessing LootMogul using your Login credential whether with your authorisation.
- Your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us
DISCLAIMER
However, the website does not provide any assurance about the correctness of the content on this site and there must be no claim by parties accusing breach of rights by the function or information of the site.
No assurance is made of the salability or accuracy of any content or function on the website by the owner of the website. Also, we make no claim to its users that the site would be available at all times without any interruption nor does it guarantee the non-disruptive, continuous working of the site at all times.
NextGenTM Inc. refuses to acknowledge or represent the accuracy or completeness or reliability or adequacy of the website’s third-party content. These content, materials, information, services, and products in this website, including text, graphics, and links, are provided “AS IS” and without warranties of any kind, whether expressed or implied.
NextGenTM is in no way responsible for any content of any linked site or any link contained in a linked site.
While LootMogul.com has taken all the necessary measures to ensure the smooth working of the website devoid of any impact by viruses and other such components, but, at the same time, we do not assure that the website shall stay virus-free at all times. Also, we take no responsibility for offensive malicious codes, disabling codes, Trojans, or any other virus that the user may fall prey to in the course of the use of the website. Use of the services of this website is at the user’s own risk and NextGenTM shall not be responsible for any costs of servicing, repair, or correction of their systems.
We take no responsibility for any repair, servicing, or rectification in case users log on to the website and encounter any problem caused to their system due to any malicious component launched by a third party, as in hacking by hackers.
All advertisement launched on the website does not represent or endorse the view of the website. Users viewing these advertisements and responding to them by buying the product or services do so at their own risk.
All product names, logos, and brands are the property of their respective owners/firms. All company(s), product(s), and service names used in this website, app are for identification purposes only. The use of these names, logos, and brands does not imply an endorsement or any tie-ups. All other trademarks cited herein are the property of teir respective owners.
LIMITATION OF LIABILITY
In the event that a user resides in a jurisdiction that does not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages some of the limitations above may not apply to such user.
PAYMENT TERMS
- The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (when applicable) for access to the LootMogul Services charged by LootMogul and predetermined participant’s contribution towars prize money pool.
- Subject to these Terms and Conditions, all amounts collected from the User are held, until determination of the Winners and distribution of prizes. LootMogul receives only its share of the platform Fees, subject to applicability. All deposits and payments are final and no refunds are allowed. Only winning amounts can be withdrawn. This includes, but not limited to, quiz tournament entry fee and booking a session with the influencers.
- The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that LootMogul has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s Wallet balance.
- Any user availing LootMogul services are provided with a Cash Wallet with three categories of accounts for the processing and reconciliation of payments: (i) Deposit Cash (ii) Winnings Cash (iii)Bonus Cash. It is clarified that the transfer of any amounts in the User’s accounts to any other category of account held by the user is dis-allowed. User’s winnings in any Contest will reflect in Winning /Bonus Cash of the User’s wallet based on the contest.
- Each time a User participates in any contest on LootMogul platform, the pre-designated cash/points shall be debited from the User’s account.
- In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s Wallet i.e. Deposit cash Account and will be available for use in participation in any match(s) or Contest(s) in accordance with these Terms and Conditions.
- Debits from the Deposit cash Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the Deposit cash Account, and accordingly amounts credited into the Deposit cash Account earlier in time shall be debited first.
- A User shall be permitted to withdraw any amounts credited into such a User’s ‘Winning’ Account for any reason. However the minimum amount allowed for withdrawal will be $ 5 (Five dollars) in case of withdrawal via PayPal whereas the minimum amount allowed for withdrawal will be $ 100 (One Hundred dollars) in case of withdrawal of crypto currency, subject to gas fees charged, if any, at the time of transfer. The same will be done within 14 working days. All amounts credited into a User’s ‘Deposit cash Account must be utilised within 90 days of credit. In case any unutilised amount lies in the Deposit cash Account after the completion of 90 days from the date of credit of such amount, LootMogul reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address for LootMogul to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on LootMogul, as well as the name and address existing in the records of the User’s bank account as provided to LootMogul. In the event that no bank account has been registered by the User against such User’s account with LootMogul, or the User has not verified his/her User account with LootMogul, to its satisfaction and in accordance with these Terms and Conditions, LootMogul shall provide such User with a notification to the User’s email address as on record with LootMogul at least 30 days prior to the Request Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Request date, LootMogul shall be entitled to forfeit any amounts subject to transfer. Failure to provide LootMogul with a valid bank account or valid identification documents (to LootMogul ‘s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- Withdrawal of any amount standing to the User’s credit in the Winnings cash Account may be made by way of a request to LootMogul but the amount will be forfeit upon completion of 90 days from the date of credit of such amount in the User’s Winnings Account or upon completion of 90 days of in-activity.
- Users agree that once they confirm a transaction on LootMogul, they shall be bound by and make payment for that transaction.
- The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that LootMogul has on third parties, any transactions on LootMogul Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s Deposit cash Account or Winnings cash Account may take up to 24 hours to reflect in the User’s Deposit cash Account or Winnings cash Account balance. Users agree not to raise any complaint or claim against LootMogul in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting a transaction amount into any of the User’s accounts.
- A transaction, once confirmed, is final and no cancellation is permissible. LootMogul may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charge. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
- In order to conduct promotional activities, LootMogul may gratuitously issue Bonus points (Called as Bonus cash) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Bonus cash . The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by LootMogul and notified to the User at the time of issue of such amount. The issue of any points (Bonus Cash) to the user is subject to the sole discretion of LootMogul and cannot be demanded by any User as a matter of right. The issue of any such amount by LootMogul on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by LootMogul to such User. The bonus points(Bonus cash) granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Contest, in accordance with these Terms and Conditions. The bonus cash shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with LootMogul or such account if terminated by LootMogul, all bonus points(Bonus cash) granted to the user shall return to LootMogul and the User shall not have any right or interest on such points.
- LootMogul may, at its sole and absolute discretion, offer discounts/bonuses/points to its Users in such form as it deems fit in its sole discretion (“Bonus Cash”). All such discounts/bonuses/points shall be credited in a separate account called as “Bonus Cash Account” and can be used within the Platform, subject to the terms governing the usage of such Cash Bonus. Such bonus amount cannot be withdrawn. It will expire if not used for 90 days from issue
- LootMogul may, at its sole and absolute discretion, allow users to buy gift cards against Bonus cash/winning cash accounts. LootMogul has rights to withdraw this facility with/without any intimation to users.
- LootMogul makes payment to affiliates and influencers on NET 30 days terms. Any credit card disputes by a follower or a gamer will impact influencer’s NET earnings.
- Any cash bonus match by LootMogul cannot be withdrawn and can be used only to play qualified tournaments.
- Withdrawing your winning and converting them to crypto tokens (example – Bitcoin, Ether, Dogecoin etc.)
- To withdraw funds from his/her verified account, the Client shall submit a withdrawal requestfrom his/her personal profile. In order to fill in the withdrawal request properly, the Client shall choose one of the withdrawal methods shown in the list and specify all the necessary details.
- Any player can withdraw winning from the cash games from LootMogul.com wallet. Withdrawal can be in form of direct bank transfer or request for crypto token.
- You are permitted to withdraw Funds held in this account, provided such Funds can only be transferred to another digital asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted.
- You are permitted to withdraw Funds held in this account, provided such Funds can only be transferred to another digital asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted.
- Fraud;
- Money laundering;
- Unfair usage of the Company’s General Fees Policy and the Terms of the Agreement;
- other activities by the Client which may indicate breach of provisions of the Agreement and/or the applicable law
- For the purpose of the risk assessment, the Company shall be entitled to block the account immediately (without giving prior notice) and to request from the Client additional supporting documents as it may deem necessary.
- In case if any player request’s for withdrawing his/her winning amount / token withdrawals to be converted into crypto, the same will be processed through the legal crypto trading platform to convert your winning withdrawal amount request into crypto. However, all the third party platform service or commission charges will be applicable and will be deducted from your withdrawal requested amount. Player crypto wallet MUST be held either in Metamask or Coinbase.
- For converting winning amount to crypto player must provide legal KYC approved crypto trading account where the crypto can be transferred to.
- AT the instance of transfer i.e. converting winning amount to crypto whatever trading or crypto rates are applicable at that point will imply, however management or Lootmogul.com does not have any control on those rates.
Minimum Deposit Requirement for Withdrawal
- Minimum Deposit Mandate: Prior to initiating a withdrawal of winnings, it is mandatory to have made at least one deposit into your account.
- Purpose: The minimum deposit requirement serves as a security measure to ensure the integrity of the withdrawal process and to prevent fraudulent activities.
- Minimum Deposit Amount: The minimum deposit amount required for withdrawal eligibility is depending upon the geographical location of the user. This amount may vary depending on the specific terms of your account or promotion.
- Deposit Confirmation: Your deposit must be confirmed and reflected in your account balance before you can proceed with your withdrawal request.
- Deposit Methods: Deposits can be made using any of the approved payment methods accepted by LootMogul. Please refer to the available deposit options on our platform for more information.
- Withdrawal Process: Once the minimum deposit requirement has been fulfilled and the deposit has been confirmed, you may proceed with your withdrawal request according to the standard withdrawal procedures outlined by LootMogul.
- Exceptions: In certain circumstances, exceptions to the minimum deposit requirement may be considered at the discretion of LootMogul. Such exceptions will be evaluated on a case-by-case basis.
By acknowledging and adhering to these terms and conditions, you confirm your understanding of the minimum deposit requirement for withdrawal eligibility. Failure to comply with this requirement will not allow to your process the withdrawal request.
For any further inquiries or assistance regarding the minimum deposit requirement or the withdrawal process, please contact our customer support team. LootMogul reserves the right to amend or update these terms and conditions at any time without prior notice. It is your responsibility to review and understand the latest version of the terms and conditions before proceeding with any transactions. The condition of minimum deposit requirement for withdrawal eligibility will be applicable with effective from 15th May 2024 and it will be applicable for all the users irrespective of whether they joined before 15th May 2024 or after. Any changes in rules or procedures will be the management discretion.
KYC & AML Policy
- Eligibility Criteria
We use Personal Data to meet our contractual and legal obligations related to anti-money laundering, Know-Your-Customer (“KYC”) laws, anti-terrorism, export control and prohibitions on doing business with restricted persons or in certain business areas, and other legal obligations. We strive to make our Services safe, secure and compliant, and the collection and use of Personal Data is critical to this effort. For example, we may monitor patterns of payment transactions and other online signals and use those insights to reduce the risk of fraud, money laundering and other activity that is harmful to our company, our End Users and their End Customers.
- Legal Compliance
STANDARD TERMS AND CONDITIONS “INVITE FRIENDS” PROGRAM
- Participation in the Program is voluntary. A user shall not register or operate more than one user account with LootMogul and shall not participate in the Program with more than one user account with LootMogul.
- For the purpose of participation in the Program, you are required to have the LootMogul Application downloaded and installed on your mobile device. Through the LootMogul Application, you will be provided with a unique link or code, which can be shared by you (“Inviter”) with friends (each an “Invitee”) for the purpose of inviting such friends to create and register an account with LootMogul and download the LootMogul Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with LootMogul to download and install the LootMogul Application on his/her device; or (ii) download and install the LootMogul Application on his/her device independently, register for a LootMogul account through the LootMogul Application and enter the unique code shared by the Inviter.
- The Inviter and the Invitee will be eligible to earn the Bonus cash subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of LootMogul and (ii) the Invitee successfully registering for an account with LootMogul through the unique link or by using the unique code shared by the Inviter; and (iii) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with LootMogul (“Verification Period”). For the purposes of these Terms, an ‘existing user of LootMogul shall mean a user who presently operates an account with the Platform or operated an account with the Platform at any point of time.
- An Invitee who is an existing user of LootMogul is not permitted to register a new account with the Platform for the purpose of availing of the Bonus cash amount. LootMogul will determine in its sole discretion whether an Invitee is an existing user of LootMogul or not and take appropriate action.
- The verification process may require an Inviter/Invitee to submit personal information about the user (Inviter/Invitee) and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from LootMogul and to allow LootMogul to communicate with Invitees referred by you about the Inviter’s participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person’s use of the Website shall be subject to LootMogul’s Privacy Policy.
- The verification of an Inviter/Invitee shall be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee’s Winning cash account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the ‘Verify Now’ tab of the Wallet Balance page of the Inviter/Invitee’s account with the Platform. In the event that the Invitee opts to register for a LootMogul account through the LootMogul Application, the Invitee can verify his/her contact information at the time of registration
- The deposit of the Bonus cash Amount shall be at the sole discretion of LootMogul and shall be subject to the Inviter’s/Invitee’s compliance with these Terms. LootMogul may substitute or change the Bonus cash Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus cash Amount or substitute offering for other items or exchange for cash. Bonus cash provided by LootMogul cannot be withdrawn under any circumstances.
- LootMogul reserves the right to:
- withhold the deposit of the Bonus cash Amount; and/or
- forfeit any deposited Bonus cash Amount to an Inviter/Invitee or any prizes/winnings earned by participant by using such Bonus cash Amount
- Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus cash amount.
- LootMogul may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
- The decision of LootMogul will be final and binding regarding the Program, and the deposit of the Bonus cash Amount and no correspondence, objection, complaints, etc. will be entertained in this regard.
- LootMogul may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
- This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organised or conducted by LootMogul.
- LootMogul reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.
- The Terms and Conditions, as applicable to the LootMogul’s fantasy games and services, will apply to and govern the Program.
- LootMogul does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.
Refer A Friend
- Eligibility Criteria
- have an active LootMogul Account;
- not use your LootMogul Account for commercial purposes.
- not be an employee or an immediate family member of an employee of any company in the Paysafe group
- not be a service provider or a direct family member of a service provider of any company of NextGenTM Inc.
- be at least 18+ years of age.
- Reside in US
- Referred Members
- You refer to LootMogul using the referral link shown in your LootMogul Account (the “Referral Link”); and
- successfully completes an Eligible Transaction.
- Prohibited activities
- Create or operate multiple Member Accounts without the prior written consent of LootMogul.
- Make, in the reasonable discretion of LootMogul, fake and/or artificial deposits with LootMogul merchants or other Members for the sole purpose of generating Bonus
- Register a Member Account on behalf of another person.
- Publish the Referral Link on any websites, social media or other marketing materials.
- Offer incentives or rewards to prospective Members to encourage them to apply for a LootMogul Account.
- Create or employ any mechanism designed to artificially or automatically generate LootMogul Account sign-ups.
- Register a LootMogul Account using counterfeit, forged, imitated, stolen or otherwise altered identification documents.
- Artificially attempt to generate any Referred Members by use of deception or misrepresentation;
- Commit, or collude with others to commit, fraudulent activity;
- Make transactions that have no commercial purpose or are not for the personal benefit of the LootMogul Account holder
- Bonus
- For each player signup/register to whom you have referred you as well as referred player earns $1 Bonus Cash.
- For each player to whom you have referred after signup if he/she on first deposit’s minimum of $5 (as per Deposit – Terms of Services), the referee (you) will get $2 towards each of your referred player first deposit.
- If any of your referred player who has signed up, deposited and thereafter plays 10 cash games (irrespective of denomination), you as referee are eligible to earn $3.
- LootMogul will stop paying bonus in respect of each Referred Member at the earlier of: (a) when the Bonus payments in respect of that Referred Member reach 100 USD; or (b) 1 year after the Referred Member registers for a LootMogul Account.
- LootMogul shall not be responsible for any taxes, duties, assessments, fines or levies or other amounts payable by you to any governmental or regulatory authority arising out of your participation in the Referral Program. You are responsible for reporting any taxes owed in relation to revenues earned through the Program.
- LootMogul reserves the right to change the applicable bonus rate or its percentage cap or total cap. LootMogul reserves the right to end the Referral Program at any time in its sole discretion
- LootMogul reserves the right to change the applicable bonus rate or its percentage cap or total cap. LootMogul reserves the right to end the Referral Program at any time in its sole discretion
- For the avoidance of doubt, transactions on your own Member Account will be excluded from the calculation of Bonus.
- LootMogul shall also in its sole discretion have the right to withhold the whole or part of any payment of Bonus where it reasonably suspects or knows that any of the prohibited activities referred to in section 3 above has taken place.
- For the purpose of calculating Bonus, LootMogul reserve the right to disregard all Eligible Transactions that we, in our sole but reasonable discretion, deem an abuse of the Referral Program, including but not limited to:(a) Transactions that are prohibited under section 3 of these Terms and Conditions; or
- Termination
- LootMogul reserves the right to end the Referral Program at any time in its sole discretion without giving written notice or intimation to registered LootMogul registered players.
- In the event LootMogul ends the promotion of these Terms and Conditions, LootMogul shall continue paying Bonus in respect of your existing Referred Members until our iability to pay Bonus has expired in accordance with section 4.2 of these Terms and Conditions.
- LootMogul may immediately terminate your participation in the Referral Program in the following circumstances:
- You commit a material breach of these Terms and Conditions or the LootMogul Account Terms of Use;
- LootMogul in its sole but reasonable discretion believes you or one of your Referred Members has conducted a prohibited activity as set out in section 3 of these Terms and Conditions.
- Any fraud referral activity(ies) or misuse of referral programs, fund transfer from referral programs etc
- If LootMogul terminates your participation in the Referral Program, LootMogul shal stop paying Bonus to you immediately upon termination as well as any Bonus released prior under this and/or any other offers, promotion can possibly be terminated or made expired without player knowledge or intimation.
Bonus Program Terms & Conditions
- As part of its Business Promotion strategy, LOOTMOGUL may run a Bonus Cash Promotion which is a Cash Discount Program whereby the User is allowed to accumulate cash discount eligibility points (referred to as ‘Bonus Cash’) in a separate wallet referred to as ‘Bonus Wallet’.
- Such Bonus Cash is granted as per various business promotion strategies that may be run by LOOTMOGUL from time to time.
- The Bonus Cash is subject to control by LOOTMOGUL and the Company is free to put such restrictions on its availability, utilization, inherent discount benefits, time validity, etc. as it may decided fro time to time.
- LOOTMOGUL may allow upfront Cash Discount from the Platform Fee in lieu of the accumulated Bonus Cash in accordance with the conversion ratio as the Company may be decided from time to time for each Contest.
- The Bonus Amount (if any) deposited into the user’s account can be used to join cash contests and contests on LOOTMOGUL. However, the Bonus Amount (if any) cannot be: withdrawn or transferred to any other cash balance account held by you with LOOTMOGUL or to any third party account or to any bank/payment instrument account. THE BONUS AMOUNT (IF ANY) SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY).
- The deposit of the Bonus Amount (if applicable) or the grant of the free-entry (if any) shall be at the sole discretion of LOOTMOGUL team and shall be subject to the user’s compliance with these Standard Terms and the applicable Promotion Terms. LOOTMOGUL may substitute or change the Bonus Amount(if any) or free-entry (if any) offered under a Promotion at any time without notice. Users may not substitute Bonus Amount (if any) or free-entry (if any) for other items or exchange for cash.
- LOOTMOGUL reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/winnings earned by the participant by using such benefits) in the event that it determines or reasonably believes that the participating user has violated these Standard Terms, the applicable Promotion Terms or the terms and conditions of the LOOTMOGUL game(s).
- Mere participation in a Promotion does not entitle the participant to receive any free-entry or Bonus Amount(s) indicated as a prize under such Promotion
- Sign-up Deposit Bonus Offer.
- Eligibility – Participation in the Promotion is only available to newly registered users of LOOTMOGUL who have never deposited money and who are eligible to participate in the pay-to-play LOOTMOGUL contests as per LOOTMOGUL’s terms and conditions
- By participating in this Promotion, you agree to comply with these Terms, the Standard Terms and Conditions for Promotions and the terms and conditions of the LOOTMOGUL game
- To participate in the Promotion, you must make your first deposit of the amounts into your LOOTMOGUL account during the Promotion Period to be eligible to receive the Bonus Amount corresponding to the Qualifying Deposit made by a user, in accordance.
- Please note that only the first Qualifying Deposits made by a user during the Promotion Period shall be considered for the purpose of determining whether a user is eligible to receive the Bonus Amount.
- Subject to users’ compliance with these Terms, the Cash Bonus Amount will be credited into your Cash Bonus Account within 24 hours of your qualifying deposit
- The maximum Bonus Amount that can be credited to users’ Cash Bonus Account pursuant to this Promotion is US$5 and maximum amount towards Bonus may wary from time to time, depending upon the offers from LOOTMOGUL.
- Unutilized Cash Bonus will expire in 30 days from the date that it has been credited.
- In case of any breach or violation by the User of these Terms, LOOTMOGUL will not be obligated to refund any Platform Fee already paid in respect of any Contests, and any Prizes (as defined herein) due to such User and any bonus amounts credited to such User shall stand automatically forfeited. The User’s account balance standing to the credit of such User, excluding any accumulated Prizes, shall be applied against losses and damages suffered or assessed by Us as arising out of Your breach or violation of these Terms, and any amount remaining (if any) shall be returned to such User.
- Bonuses (except Bring a Friend bonus) and promotional winnings are subject to withdrawal restrictions and can only be withdrawn on fulfilling some preconditions, one of which is that you have made at least one cash deposit on the Portal and thereafter played at least one Cash Game.
- For contests with any entry fee,10% of the total entry fee is utilized from the available cash bonus balance in your LOOTMOGUL account. Subject to that contest if configured to join with Cash Amount + Bonus and/or only Bonus. For e.g. If a match entry fee is $10, the first 10%, or $1, will be deducted from your Cash Bonus if the cash bonus in your LOOTMOGUL account has bonus balance. And remaining amount will be deducted from cash wallet
While using cash bonus, please remember:
- Cash bonus is used only to join certain contests which permits to join with Cash bonus.
- You can use cash bonus to join cash contests only if you’ve deposited cash in your LOOTMOGUL account.
- You can use a maximum cash bonus of $10 in one contest.
SPECIAL PROMOTIONAL CASH BONUS EVENTS
- SuperBowl 2021 $2k giveaway event
- Event Date: February 1st 2021 through February 7th 2021.
Event Date: February 7th 2021 through February 15th 2021.
1st Prize (2000) – To qualify, user must play with the new deposit of $1000, plus be the leading points scorer on the leaderboard.
2nd Prize (500) – To qualify, user must play with the new deposit of $250, plus be the top three leading points scorer on the leaderboard.
3rd Prize (250) – To qualify, user must play with the new deposit of $125, plus be the top five leading points scorer on the laderboard.
CALIFORNIA CONSUMER NOTICES
TERMINATION
- User voluntarily uninstalls the Platform from his/her device;
- User knowingly or unknowingly causes direct or indirect breach, as ascertained by LootMogul, of these Terms of Use or Privacy Policy or any other specific terms and conditions as specified by LootMogul, as a whole or in part; or
- User does not make necessary payments, if any, for a particular Service on the Platform. LootMogul may have to terminate User access of the Platform if LootMogul is required to do so under applicable laws.
- The third-party service provider, if any, with whom the Services were offered on the Platform, has terminated its relationship with LootMogul or has ceased to offer the related services to LootMogul or the User;
- LootMogul discontinues to provide the Services on the Platform to the User due to lack of commercial viability or feasibility or any other reason; or
SUMMARY TERMS
- ARBITRATION:TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED ABOVE . TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
- Changes to the Terms:We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at (“LootMogul.com”) of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Competitions and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
- Eligibility:You may not modify these Terms except in writing signed by both you and NextGenTM. For purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature.
- United States (U.S.):To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with NextGenTM; (c) be phys ically located within the U.S. when accessing your Account and participating in Competitions; (d) be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we, as agent for our developer partners, may suspend or close your Account with or without notice.
- Non-(U.S.): To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with NextGenTM; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without notice.
- Your Account:As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any NextGenTM enabled game.
- Personal Location Data:As a part of this service, on behalf of our developer partners and state legal compliance requirements, we collect location information from your device.
LEGAL DISCLAIMERS
NON AFFILIATION NOTIFICATION
Data Deletion Policy
- LootMogul provides users with full control over their data, including what data is retained and what data is deleted.
- End users can request all or part of their data to be deleted by sending an email to [email protected]. Once the request is approved by their company, LootMogul will delete their data.