Last updated: 27 September 2024
Version: 3.5
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING.
These Terms and Conditions are to be read in conjunction with the play.rubysweeps.com Rules of Play, and the play.rubysweeps.com Privacy Policy available at play.rubysweeps.com. Together these documents govern all person’s (‘Your’) right to Participate. By checking the box for acceptance during the registration process, or by accessing the Games or creating a Customer Account, you confirm that You are not under the age of 21 and have read and agree to be bound by these Terms and Conditions. Ruby may update these terms and conditions at any time by posting the updated Terms and Conditions on Our website. Such changes are effective immediately, and the most recent version published on the website is binding. You will be deemed to have accepted such changes by continuing to Participate. If at any point You do not agree to any portion of the then-current version of these Terms and Conditions, Your right to Participate shall immediately terminate, and You must immediately stop using Participating.
Please note that Our Platform and Games are intended for amusement and entertainment only. You acknowledge that the Platform and the Games are not a lottery or gambling activity, and these Terms and Conditions are not a contract for gambling services. You acknowledge that We do not and will not provide You with any money or anything of real-world value in exchange for Your in-game performance or outcomes (except allow You to redeem Emeralds that have been played at least once (unless otherwise specified by Us) for money). In particular, You acknowledge and agree that the ability to extend gameplay or avoid delays in gameplay (e.g. when You run out of Gold Coins or Emeralds) is not something of real-world value.
FOR UNITED STATES RESIDENTS, BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER THAT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ CLAUSE 3.12 CAREFULLY. EXCEPT WHERE YOU OPT OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THESE TERMS AND CONDITIONS, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND Ruby WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.1. DEFINITIONSThe individual having a contractual relationship with Rubystone Ventures LLC, a Limited Liability Company ("Ruby") is referred to as the "Account Holder", (or “You”) once they have been approved as such by Ruby.
Rubystone Ventures LLC (“Ruby”, "us", "we", or "our") operates the play.rubysweeps.com website (the "Service").
The "Contract" is the contractual relationship between Ruby and You. By creating an account, You are entering into a contract with Ruby and you hereby agree to be bound by these Terms and Conditions.
"Application Process” is defined in Clause 2.1.
A "Card" refers to all types of cards with a function of payment, charge, debit, credit and/or similar.
"Content" means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform.
"Customer Account" means an account held by a Registered Customer.
“Dispute” means any dispute, claim, or controversy between You and Ruby, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms and Conditions or the Platform, including any claims related to the validity, enforceability, or scope of these Terms and Conditions or any portion of it.
"Emeralds" means sweepstakes entries subject to the Play Rules. We may give you Emeralds free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our free alternative methods of entry as set out in the Play Rules. You may win more Emeralds when you play Sweepstakes Games. YOU CANNOT PURCHASE Emeralds.
"Force Majeure" refers to any occurrence or condition beyond one's reasonable control that leads to a delay or default in the performance to the affected party's contractual obligation and shall, for the purposes of these Terms and Conditions , include Acts of God, government restrictions (including the denial or cancellation of any necessary license where such denial or cancellation is made through no fault of the affected party), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
"Game" means any of the Gold Coins Game(s) or Sweepstakes Game(s) available on the Platform. We reserve the right to add and remove Games from the Platform at our sole discretion.
"Gold Coins" means the virtual social gaming items which enables you to play the Gold Coins Games. Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes.
"Gold Coins Game" means any game played with Gold Coins. We may give you Gold Coins free of charge when you sign up to a Platform and thereafter at regular intervals when you log into a Platform. You may win more Gold Coins when you play the Gold Coins Games and you may purchase more Gold Coins on the Platform. Gold Coins Games are social games and you cannot win prizes when you play Gold Coins Games.
"Participate" means a license to play any Games or using our Platform in any manner whatsoever.
"Platform" means any URL or mobile application belonging to, or licensed to Ruby, including but not limited to the website located at play.rubysweeps.com, and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.
"Player" means any person who Participates, whether or not a Registered Customer.
"Prizes" means prizes won playing Sweepstakes Games with Emeralds which are redeemable for valuable prizes in accordance with the play.rubysweeps.com Play Rules, Promotional Rules, and any other Rules set forth on the Platform.
“Registered Customer” means a person who has completed the Application Process and has been approved as a Registered Customer by Ruby.
"Play Rules" means the most recent version of the Play Rules available on the Platform.
"Sweepstakes Game" means any game played with Emeralds.
"Terms and Conditions" means these terms and conditions, our Privacy Policy, Play Rules and other game-specific or promotion-specific terms relevant to Your Participation as amended from time to time. We reserve the right to update the Terms and Conditions at any time without giving notice to You. You will be bound by any updated version of the Terms and Conditions. It is your responsibility to review the Terms and Conditions from time to time to ensure you are aware of any updated versions thereof.
"Ruby" means Rubystone Ventures LLC . Ruby may be referred to in these Terms and Conditions as “Us, We, Our,” or other possessive, first-person pronouns.
“Virtual Items” means licenses for virtual items, including points, Gold Coins and Emeralds2. YOUR RIGHT TO PARTICIPATE AND USE LIMITATIONSSubject to these Terms and Conditions, Ruby hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right and license to Participate for Your personal non-commercial use only. If You do not Participate in accordance with these Terms and Conditions, We may take actions as a result, which may include terminating Your Customer Account and prohibiting you from using our Platform or parts of our Platform.
Please note that certain enhancements of the Platform and the Games may be subject to a fee. These enhancements may include the possibility to purchase a license for certain virtual items to be used within the Platform (“Virtual Items”). Virtual Items are licensed on a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. We may manage, control, alter, modify or eliminate Virtual Items in whole or in part at any time in our sole discretion, with or without notice to You, and we shall have no liability to You or any third party in case We exercise any such rights.
WE ARE NOT LIABLE FOR PROVIDING ANY REFUND FOR ANY REASON, AND YOU ARE NOT ENTITLED TO RECEIVE COMPENSATION OF ANY KIND FOR ANY VIRTUAL ITEMS WHEN YOUR CUSTOMER ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
IF YOU ASK FOR YOUR CUSTOMER ACCOUNT OR PERSONAL DATA TO BE DELETED AS DESCRIBED IN OUR PRIVACY POLICY, YOU WILL PERMANENTLY FORFEIT ALL OF YOUR VIRTUAL ITEMS WITHOUT THE RIGHT TO REFUND, AS WE WILL NO LONGER BE ABLE TO ASSOCIATE SUCH VIRTUAL ITEMS WITH YOU.3. ACCOUNT RULES3.1 Unless You are registered as a Player and hold a play.rubysweeps.com account, You cannot participate in a Game. In order to be registered as a Player, You must complete the application process (“Application Process”). The Application Process will require a number of personal details, out of which some of the following are collected by a third party and are absolutely needed:
3.1.1 A valid email address.
3.1.2 A photo of a valid identity document.
3.1.3 A liveliness check will also be undertaken.
By applying for an Account You warrant that all information provided in this Application form is true and correct.
Ruby will not register an individual where that individual has already been registered. Ruby will cancel that individual's Registration as a Player if it becomes aware that the person has provided false information when registering as a Player or believes that player already has an account with Ruby. Ruby reserves the right to void wins it believes were won through the use of an additional or duplicate account in violation of these Terms and Conditions. Ruby reserves the right to refuse use of any services to any person for any reason (or no reason).
3.2 By applying for a Ruby account, You acknowledge and accept:
3.2.1 All definitions and stipulations, as stated under Clause 1 and/or herein;
3.2.2 You shall have no ownership or other property interest in the Customer Account
3.2.3 All rights in and to the Customer Account are and shall forever be owned by and inure to the benefit of Ruby.
3.2.4 By logging into the Services or using Your user name and password in order to access the Services, You represent and warrant that You are authorized to use such user name and password and to use and access the Services. As the creator of the account, it is your responsibility to maintain control over Your username and password, maintaining the confidentiality of Your user name and password, and for any activities conducted using Your user name and password.
3.2.5 It is Your responsibility to ensure that Your Participation is lawful in Your jurisdiction. If You knowingly break the law, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding Your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to Participate, such an act is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
3.2.6 You participate at your sole option, discretion and risk. You will have no claims whatsoever against Ruby or any of its partners, or respective directors, officers or employees in relation to any losses You may incur.
3.3 We reserve the right at all times to, at Our sole discretion:
3.3.1 Decline to open an Ruby account and/or to close an existing Ruby account without any explanation whatsoever;
3.3.2 Suspend and/or cancel the participation of an Account Holder and/or any users acting from that user’s IP address in promotional activities, competitions or other services, including all services, whenever Ruby has honest concerns that an Ruby account is used for;
3.3.2.1 illegal, fraudulent or other dishonest practices;
3.3.2.2 compulsive, pathological or addictive gaming; and/or
3.3.2.3 collusion which is defined as including but not being limited to use of an account by more than one person and/or a single account being funded by multiple payment provider accounts.
3.3.3 Request documents to verify the identity and the authorization to use a specific Card and/or other facts provided by the Account Holder;
3.3.4 Transfer and/or license, without prior notice, data regarding a fraudulent Account Holder to any other legal entity, in any country. Ruby guarantees that the said data is, at all times, transferred and managed in accordance with applicable laws, data protection acts and/or similar laws or regulations;
3.3.5 Transfer and/or license, without prior notice, the rights and the liabilities regarding a fraudulent Account Holder to any other legal entity, in any country, subject to guaranteeing the liabilities being honored;
3.3.6 Hold and manage balances belonging to Account Holders in accordance with generally accepted guidelines for cash management regarding such balances. This may include a Financial Institution and/or a Payment Solution Provider being entrusted to hold balances in the name of and/or for the benefit of Account Holders;
3.3.7 Forfeit and/or confiscate points available on an Ruby account and/or refuse to honor a claim, in the event that, directly or indirectly, the Ruby rules have been violated and/or other unauthorized activities have occurred in connection with a sweepstakes play event and/or the operation of an Ruby account. This is subject to any of the said events in connection with the Ruby and/or the claim in question.
3.3.8 Share all customer account information with its associated companies and partners for marketing purposes, in game offers and promotions.
3.3.9 Suspend or cancel the participation of an Account Holder whenever such actions are required in order to protect the Platform, the public, or other Account Holders.
3.4 By applying for a Ruby account You must warrant that You are not under the age of 21. Minors cannot register and cannot hold a Ruby account. Ruby reserves the right to request proof of age in order to verify the information provided. Accounts may be suspended until satisfactory proof of age is provided.
3.5 You hereby warrant, at all times, not to be:
3.5.1 Restricted by limited legal capacity;
3.5.2 Acting on behalf of another party;
3.5.3 Classified as a compulsive gambler;
3.5.4 Using balances / funds originating from criminal and/or other unauthorized activities;
3.5.5 Conducting criminal activities whereby Ruby is directly or indirectly involved;
3.5.6 From an ineligible jurisdiction;
3.5.7 Involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games.
3.6 Ruby warrants and represents, at all times, to:
3.6.1 Manage balances belonging to Account Holders in a secure and appropriate manner;
3.6.2 Manage data regarding an Account Holder in accordance with applicable laws, data protection acts and/or similar;
3.7 A Ruby account is opened, held and maintained in balances.
3.8 Neither Ruby accounts nor balances accrue interest of any kind.
3.9 An Account Holder can own only one Ruby account at a time. If this rule is breached, Ruby reserves the right to block and/or delete the superfluous Ruby account(s) held by the Account Holder in breach of this clause. Ruby also has the right to reallocate all the balances in the different superfluous Ruby accounts to a single Ruby account and to delete the remaining superfluous Account(s). No Bonus given to the superfluous Ruby account(s) will be reallocated. If an act of fraud is detected on a Member's Account, Ruby will block the Account and freeze the balances, and the Member will be permanently excluded from the site. No balances will be due to the Member.
3.10 If no transaction has been recorded on Your account for 12 (twelve) months, then Your account is deemed dormant, in which case the account will be removed and all balances of Emeralds and Gold Coins will be removed and no compensation will be given.
3.11 Any claim regarding account activity shall be made to Ruby within seven (7) days after said activity has taken place. Otherwise, Ruby reserves the right, at its sole discretion, not to consider the claim.
3.12 These Terms and Conditions shall be governed by the laws of the State of Delaware, the United States, without regard to conflict of law provisions.
You and Ruby agree to solve any Dispute exclusively in final and binding arbitration as set forth in Clauses 3.12.1 to 3.12.5. Any Dispute not subject to arbitration shall be resolved only by a federal or state court located in Wilmington, Delaware, the United States. If the jurisdiction of Your domicile prohibits Ruby from enforcing the governing law and dispute resolution provisions set forth in this Clause 3.12, nothing in these Terms and Conditions limits Your rights based on the laws governing Your domicile.
3.12.1 Informal Dispute Resolution Prior to Arbitration. Regarding any Disputes, the Account Holder should first lodge a complaint with Ruby's customer service. The parties should do their utmost to reach an amicable settlement within thirty (30) days or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”). Every decision made by Ruby is final and binding.
3.12.2. Arbitration Agreement. If You and Ruby do not reach an amicable settlement, the Dispute may, except as noted in Clause 3.12.4 below, only be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”), according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to the AAA’s rules and procedures, including the Consumer Arbitration Rules, in effect at the time the Dispute arose (“Rules”), as modified by these Terms and Conditions, meaning that if there is a conflict between these Terms and Conditions and the AAA’s rules and procedures, then these Terms and Conditions will be followed.
If you or Ruby brings a Dispute in court or proceeds to arbitration without complying with the requirements in this Clause 3.12., the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Clause 3.1.2 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
These Terms and Conditions affect interstate commerce, and the enforceability of this Clause 3.12.2 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms and Conditions, and the Rules, the arbitrator will have the exclusive authority to decide all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to decide the enforceability, revocability, or validity of any portion of Clause 3.12.
Claims subject to arbitration will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
3.12.3 Arbitration Process Following the conclusion of the Informal Resolution Period, you or Ruby may initiate arbitration of any Claim by filing a demand for arbitration with the AAA in accordance with the Rules.
Instructions for filing a demand for arbitration with the AAA are available on the AAA website, https://www.adr.org, or by calling AAA at 800-778-7879. If either of us decides to start an arbitration, that party will provide the other party with a written demand for arbitration as specified in the Rules. You will send a copy of any demand for arbitration to Ruby by email to support@rubysweeps.com. Ruby will send any demand for arbitration to You by certified mail or email using the contact information You have provided to Ruby.
The arbitration will be conducted by a single arbitrator in the English language. You and Ruby both agree that the arbitrator will be bound by these Terms and Conditions.
Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms and Conditions. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Disputes in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator deter-mines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Wilmington, Delaware, unless the arbitrator determines that this would pose a hardship for You.
Unless You and Ruby agree otherwise, any decision or award will include a written statement stating the decision of each Dispute and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
3.12.4 Exceptions to Agreement to Arbitrate
You and Ruby agree that the following Disputes need not be brought into arbitration:
Disputes exclusively related to patent infringement or invalidity, copyright, trademark infringement, computer fraud and abuse, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to You for the Platform under these Terms and Conditions.Claims that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief).3.12.5 No Class Actions
YOU AND RUBY MAY ONLY BRING CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS.
This means:Neither you nor Ruby may bring or participate in a Dispute as a plaintiff or class member in a class, collective, consolidated, or representative action.The arbitrator cannot combine any other person’s claims with a Dispute brought by You or Ruby into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.The arbitrator’s decision or award, and any judgment confirming it, will not apply to anyone else and cannot be used to decide or offered as precedent in any other disputes except for disputes to enforce the award.The arbitrator may only award legal or equitable remedies that are individual to You or Ruby to satisfy one of our individual Disputes (that the arbitrator determines is supported by credible relevant evidence).Notwithstanding anything in Clause 3.12.4, if this Clause 3.12.5 (“No Class Actions”) is found to be unenforceable or invalid for any reason, including but not limited to because it is found to be unconscionable, such that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of any claims allowed to proceed on a class, collective, consolidated, or representative basis will be stayed pending the outcome of any individual claims in arbitration.
Further, if any part of Clause 3.12 is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of Clause 3.12 will be enforceable.
3.12.6 Opting Out of Arbitration
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms and Conditions by providing Us with notice of Your decision to opt out by emailing support@rubysweeps.com. In order to be effective, the opt-out notice must include Your full name, mailing address, and email address. The notice must also clearly indicate Your intent to opt out of binding arbitration.
3.13 Abuse of play.rubysweeps.com support or users
3.13.1 We reserve the right to suspend or cancel the participation of an account holder if they engage in harassment or abuse towards play.rubysweeps.com staff or users.
3.13.2 This includes any abusive, derogatory, offensive, or obscene behaviour towards play.rubysweeps.com users or staff.
3.13.3 Ruby reserves the right to suspend any account holder for a period deemed appropriate for any violation of this policy.
3.13.4 A user who has been suspended for violation of this policy may appeal the decision through the play.rubysweeps.com support channels. play.rubysweeps.com staff reserve the right to accept or deny any appeal at their own discretion.4. Gold Coins PURCHASES4.1 If You use a credit/debit card, online wallet and/or a financial/bank account to purchase Gold Coins, the account/cardholder’s name MUST be the same as the name You used when registering your Customer Account. Should the name You registered on your Customer Account and the name that appears on Your credit/debit card, online wallet and/or financial/bank account differ in any way, Your Customer Account will be immediately suspended until the dispute can be resolved by us.
4.2 We reserve the right to request documents and information to verify the ownership of the credit/debit card, online wallet and/or a financial/bank account from which You make Gold Coins purchases.5. DISCLAIMER5.1 In the event of a discrepancy between the English version of any rules and a translation, the English version has priority over any translations.
5.2 Account Holders are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or are residents.
5.3 Ruby does not provide advice to Account Holders regarding tax and/or legal matters.
5.4 Ruby does not acknowledge or accept any liability whatsoever for damage to an Account Holder and/or a third party caused directly and/or indirectly due to any:
5.4.1 Mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling error, fault in reading, transaction error, technical hazard, Registration error, manifest error, Force Majeure and/or any other similar event;
5.4.2 Violation of the Ruby rules;
5.4.3 Criminal actions;
5.4.4 Advice provided by Ruby;
5.4.5 Financial risk and loss, including, but not limited to variances in exchange rates;
5.4.6 Ruby reserves the right, at all times, to resolve any disputes, at its own discretion, with Ruby's decision being final and binding.
5.4.7 Any malfunction of any game will result in all points won being made void.
5.4.8 Participation in Games implies the knowledge and the acceptance of Internet limits, especially:
5.4.8.1 The technical capacity; the replying time for consultation, interrogation or transfer of information; the interruption risks; and all other risks inherent to any connection and transmission failure;
5.4.8.2 The transmission and/or reception of any data and/or information on the Internet;
5.4.8.3 All Network dysfunctions preventing the good progress of any Game;
5.4.8.4 The loss of any data;
5.4.8.5 Any damage caused by a virus, computing bug or technical failure;
5.4.8.6 Any damage caused to the property of the Player, including any balances;
5.4.8.7 Any failure preventing or limiting the possibility to take part in a Game, or a failure that has damaged the Player's system. The Player should take all appropriate measures to protect the data and/or software stocked on his/her computer against all failures. The connection to the Platform and the participation of the Player in any Game are the Player’s sole responsibility.
5.5 The Platform is provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Platform (including the Games and Content).
5.6 Ruby is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor attempts by you to Participate by methods, means or ways not intended by us.
5.7. Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall only apply to the extent permitted by the laws of such jurisdictions.6. PROMOTIONS AND BONUSES6.1 We may offer promotions and bonuses to eligible players at Our discretion. What makes a player eligible may change depending on the promotion offered, and will be communicated to the player. These promotions and bonuses may require some specific action from an eligible player including without limitation; creating an account, playing a certain game during a certain period of time, placing a certain amount of wagers, or by providing information to Ruby. If a player is eligible for a bonus offered by a promotion and has successfully completed any required actions, We may award them with in-game Balances or other rewards.
6.2 Duration and additional terms of promotions. Promotions and bonuses may be made available to players indefinitely or only for a clearly defined period of time. We reserve the right to decide any additional terms and conditions relating to any promotions or bonuses at our sole discretion, including without limitation the duration or term that a promotion or bonus is available to players. If a promotion is to be made for a limited time only, this will be communicated to players via advertisements and on Ruby's internal register. In addition to these terms and conditions, individual terms and conditions will apply to promotions and bonuses, and will be displayed on the Platform.
6.3 Bonuses are awarded at Our discretion. Ruby may disqualify any Player from any Promotion in the event that the Player: (i) violates any part of these Terms and conditions; (ii) engages in fraudulent, deceptive or corroborative behavior; and/or (iii) attempts to defeat or circumvent any of the promotional rules or restrictions. Ruby reserves the right to interpret all questions and conditions in regard to the Promotion, and Our decisions shall be final. Ruby may suspend, discontinue, or modify Promotions at any time for any reason and with no notice provided to players. Ruby has full and total authority in deciding whether to fulfil bonuses and promotions to players.
6.4 Expiry of Balances awarded under any promotion. Any balances awarded under any promotion will expire and be removed from a player’s account if they are not used within 120 days of being credited to a player’s account.
6.5 Refer-a-Friend Promotion
6.5.1 Ruby offers the Refer a Friend promotion (“The Promotion”) to all Registered Customers of the Service.
6.5.2 The Promotion allows all Registered Customers to refer other people to become Registered Customers of the Service.
6.5.3 A Registered Customer may share their unique refer a friend code (“Code”) (“Referrer”) to any person who has not completed the Application Process (“Referee”).
6.5.4 A Referee must complete the Application Process and use the code on the Service on a purchase determined by Ruby within 30 days.
6.5.5 If the purchase is successful, the Referrer will have (amount here) deposited into their account.
6.5.6 Each Referee may only use one Code per Account.
6.5.7 Ruby may cancel or change the terms of the Promotion at any time.7. PROPRIETARY RIGHTS7.1 Proprietary rights are withheld by Ruby. Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the Platform (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the Platform, are the property of Ruby or its affiliates. Except as permitted by these Terms and Conditions, You shall not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of the Platform, in whole or in part, in any form or by any means.
7.2 Definition of Intellectual property. As used in these Terms and Conditions, "Intellectual Property Rights" refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.8. MISCELLANEOUS TERMS AND CONDITIONS8.1 Consumer Rights.
8.1.1 Nothing in these Terms and Conditions shall infringe upon the statutory rights that you may have as a consumer.
8.2 Limitation of liability and indemnification
8.2.1 In no event shall Ruby be liable to a user or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits. To the extent not prohibited by law, Ruby shall not be liable to You for more than the amount You have paid to Ruby in accordance with these Terms and Conditions in the six (6) months period immediately preceding the date on which You first assert a claim. You acknowledge and agree that if You have not paid anything to Ruby during such time period, Your sole remedy (and Ruby's exclusive liability) for any Dispute with Ruby is to stop using the Platform and to close Your Customer Account. Any claims for damages must be presented within one (1) year after the damage occurred, or the right to compensation is forfeited.
8.2.2. You are solely responsible for your Participation and agree to indemnify, defend and hold Ruby (and Our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of Your Participation or any breach by You of these Terms and Conditions.
Some jurisdictions do not allow certain limitations of liability, such as those stated above, or entering into the indemnification obligation above; thus, the terms of Clauses 8.2.1 and 8.2.2 may not apply to You. Instead, in such jurisdictions, the above limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions.
8.2.3 Ruby provides no guarantee of constant, uninterrupted access to the Ruby servicesPlatform. Because of this Ruby accepts no liability for any damages or losses whatsoever incurred as a result of imperfect access to the Platformservices as a result of any glitches, technical errors, hacking attempts or any other reason.
8.2.4 You agree and acknowledge that:
8.2.4.1 any reliance on the Platform is at your own risk;
8.2.4.2 there may be delays, omissions, interruptions, inaccuracies or other problems with the services as part of the ordinary course of operation of the Platform;
8.2.4.3 the services are provided to you on an "As-is, where-is" basis and neither we nor any of our affiliates or agents make any representation or warranty with respect to the accuracy, reliability, completeness, currency, quality, suitability, accuracy, non-infringement, merchantability or fitness for a particular purpose of the services or any information, materials or other content provided or otherwise made available as part of the services;
8.2.4.4 the services and the site are not guaranteed to be free of viruses or other harmful components.
8.3 Ruby waives no rights. Our failure to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditions and our agreement with you is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions, as the case may be, will remain in full force and effect.
8.4 Severability. In the event that any provision set forth in these Terms and Conditions is held to be invalid or unenforceable, that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions, as the case may be, will remain in full force and effect.
8.5 Survival
Upon termination of these Terms and Conditions, any provision which, by its nature or express terms, should survive, will survive such termination or expiration, including, but not limited to, Clauses 3.12, 7 and 8.2.
8.6 Permission to use submissions. Any information, suggestions, feedback, ideas, comments and other materials that you may disclose or offer to us through or in connection with your Participation (collectively, "Submissions") are submitted without any restrictions or expectation of confidentiality. You hereby assign to Ruby without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions. You will not assert any proprietary right or moral right of any kind or nature with respect to any Submissions.
8.7 Balances
8.7.1 You may participate in any Game only if you have sufficient Gold Coins or Emeralds (as applicable) in your Customer Account for such Participation. We will not extend you any credit whatsoever for the purchase of Gold Coins or otherwise.
8.7.2 The price of Gold Coins and Emeralds, and any minimum or maximum entry requirements, may be changed by us at any time in our sole discretion.
8.7.3 Once a Gold Coins purchase has been made, the funds will be drawn from your financial/bank account, online wallet or credit/debit card as soon as practicable.
8.7.4 The purchase of Gold Coins is the purchase of a product licence that allows you to Participate in Gold Coins Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Gold Coins will not, and cannot, be refunded to you. Gold Coins do not have any real money value. The coins allow purchasers to participate in games intended for entertainment, social, and recreational purposes.
8.7.5 Funds used to purchase Gold Coins will not, and cannot, be refunded to you. No refund is available for purchased coins, even if the coins are not played.
EXCEPTION: Gold Coins purchased from within states where play is prohibited by the Rules of Play, will be refunded. Such coins and any winnings connected with the purchase of such coins, will be considered void. Ruby reserves the right to charge a 10% administration fee for the refunding of these coin purchases in addition to reimbursing itself for any charges levied by either its own and/or the purchaser’s financial institution(s) in connection with processing the refund.
8.7.6 Gold Coins or Emeralds that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Gold Coins or Emeralds (whichever applicable) will be drawn from your Gold Coins or Emeralds balance instantly.
8.7.7 If You are found to have one or more of Your purchases returned and/or reversed or charged back, Your account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by You to Us and You must immediately remit payment for such purchases through an alternative payment method. Until payment is received by Us or Our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem Emeralds for Prizes will not be allowed.
8.7.8 In accordance with the Play Rules:
8.7.8.1. Unless we specify otherwise any Emeralds allocated to You are only required to be played once before they are eligible to be redeemed as a Prize; and
8.7.8.2. We may, in Our sole discretion, require that any Emeralds allocated to You be played a greater number of times in any combination of Sweepstakes Games before they are eligible to be redeemed for Prize / Prizes.
8.8 Entire agreement. These Terms and Conditions, the Play Rules, and the Privacy Policy and any other game-specific or promotion-specific terms represent the entire agreement between You and Ruby regarding the subject matter hereof. Ruby may provide additional information or impose additional policies or rules with respect to the Services and/or the Site, which may be made available to players, and all such information, policies and rules shall be binding on You with the same legal force and effect as if set forth in these Terms and Conditions, provided that, in the event of any conflict between such information, policies or rules, and any provision of these Terms and Conditions, the provision set forth in these Terms and Conditions shall prevail. Other than our affiliates, no other person or entity will be deemed a third party beneficiary to any provision of these Terms and Conditions or the Privacy Policy. Any rights or licences not expressly granted under these terms and conditions are expressly withheld by Ruby.
8.9 Ruby has full authority to decide on any matters relating to the use of the site including but not limited to validity of an account, whether a person has breached these Terms and Conditions or any applicable rules, whether a person is entitled to prize redemption, or to interpret these Terms and Conditions and any applicable rules. Ruby’s decisions will be final in all instances.9. PRIZE REDEMPTION9.1 Emeralds that have been played at least once (unless otherwise specified by Us) may be redeemed for $1USD per Emerald. The cash payment shall be made to the financial account or online wallet from which You purchased Gold Coins, or if this is not technically possible, then to an alternative bank account You nominate. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Gold Coins, or a specific payment method at Our sole discretion.
9.2 Verification Checks. You agree that We are entitled to conduct any identification, credit and other verification checks that We may reasonably require and/or that are required of Us under applicable laws and regulations or by relevant regulatory authorities.
9.2.1 Until all required verification checks are completed to our satisfaction;
9.2.1.1 Any request you have made for redemption of Prizes will remain pending; and
9.2.1.2 We are entitled to restrict Your Customer Account in any manner that We may deem reasonably appropriate, including suspending or deactivating Your Customer Account.
9.2.2 If Ruby believes any transaction to be fraudulent or the transaction is disputed, then Ruby reserves the right to suspend any pending or future redemptions for an indefinite period of time at their sole discretion. If any fraudulent or disputed transaction is reversed or approved by Ruby, redemptions will be allowed to resume.
9.2.3 Ruby reserves the right to investigate the users account and redemption history on any redemption request at their sole discretion. An investigation will take place on every redemption that is over $600 USD, and any redemption under $600 USD, when you have not passed a redemption check in the previous four (4) weeks.
9.3 Limits and Fees. We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption value for Prize redemptions.
9.3.1 In New York and Florida, the maximum redemption value for a Prize won on any one spin or play is $5,000 USD and any Prize with a value in excess of $5,000 USD will not be redeemed.
9.3.2 We reserve the right, in Our sole discretion, to limit the value of Prize redemptions for each Participant to any amount per day.
9.4 Minimum redemption amount. A player is only able to redeem Emeralds if they have a balance of at least 50 Emeralds.