




Last Updated: November 02, 2025
King Entertainment Corp. ("Company" "we," "us," or "our"), is the developer and operator of a www.sweeps.us website and platform ("Platform") in which users can enjoy social game play ("Games"), Service, tools, contests, and any features therein (collectively with the Platform and Games, the "Service"). These General Terms of Use ("Terms") are a legally binding and an enforceable agreement between you ("user", "you" or "your") and us, and govern your use of the website and Service (as such terms are defined below).
Please read these Terms and our Privacy Policy carefully, and make sure you understand and agree with them. By accessing or using our Service, by completing a registration, or otherwise, you hereby represent and warrant you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, or any part thereof, you should cease all access or use of the website and Service. When registering for our Service, you enter into a legal binding agreement between us. These Terms come into force as soon as you complete the registration process, which includes checking the box accepting these Terms and successfully creating an account.
CLASS ACTION WAIVER AND ARBITRATION NOTICE
BY AGREEING TO THESE TERMS, YOU AND THE COMPANY AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH THE COMPANY, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 13.3 OR OTHERWISE ONE OF THE EXCEPTIONS IN SECTION 13.8 MAY APPLY.
CHANGES TO THESE TERMS
We may make changes to these Terms at any time. The "Last Updated" date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of the changes, such as by sending a notice to the email address we have on file for you, providing a notice through our Service, or updating the date at the top of these Terms, provided that where we make any material changes to these Terms, we will attempt to provide you with reasonable notice in advance of making the changes where possible. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Service after we provide you notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Service. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith, unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Service that will significantly affect you.
THE SERVICE DOES NOT OFFER ANY CONSIDERATION OF REAL MONEY OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES
THE SERVICE DOES NOT OFFER ANY CONSIDERATION OF REAL MONEY OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON BY USING THE WEBSITE, AND NO ACTUAL MONEY IS REQUIRED TO INSTALL OR START USING THE SERVICE, CERTAIN FEATURES ARE SUBJECT TO PAYMENT. THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE IS STRICTLY FOR AMUSEMENT AND ENTERTAINMENT PURPOSES ONLY. THE SERVICE DOES NOT CONSTITUTE ANY FORM OF REAL MONEY GAMBLING. YOU MUST COMPLY WITH ALL LAWS AND REGULATIONS OF THE JURISDICTION OR COUNTRY IN WHICH YOU RESIDE AND FROM WHICH YOU ACCESS THE SERVICE. YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR OBEYING THE LAWS APPLICABLE TO YOU AND TO NOT ACCESS OR USE THE SERVICE WHERE IT IS RESTRICTED OR PROHIBITED.
1. ELIGIBILITY
You hereby represent and warrant that you are at least 18 years old and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement. We reserve the right to request proof of age at any stage. You also may not use the website if you previously have been blocked or otherwise have been prohibited by us from using the website. YOU UNDERSTAND THAT YOU MAY NOT ACCESS OR USE THE SERVICE FROM THE STATES OF CALIFORNIA, CONNECTICUT, IDAHO, LOUISIANA, MICHIGAN, MONTANA, NEVADA, NEW JERSEY, NEW YORK, WASHINGTON OR WEST VIRGINIA, OR FROM ANY LOCATION OUTSIDE OF THE UNITED STATES AND CANADA (COLLECTIVELY, THE "EXCLUDED TERRITORIES"). Participation in the Games from any Excluded Territories is strictly prohibited.
2. CREATING AN ACCOUNT
2.1. To access the Service, you must register and create an account ("Account"). During the registration process, you will be asked to provide certain information such as your name and email address. The information will be processed in accordance with the terms described in our privacy policy. Once registered, you can access and use the Service using your Account username and password. It is your sole and exclusive responsibility to ensure that your login credentials are kept securely. You must not disclose your login details to anyone. 2.2. During your registration or later during your use and interaction with the Service, we may request additional information to verify your identity, address or age. 2.3. The Company will not accept accounts if, among other things, the user is under 18 years old, is not within the permitted jurisdiction, does not positively pass the KYC process, provides misleading information or incomplete information, tries to bypass our safeguards, etc. the Company reserves the right to approve or reject any registration, in its sole discretion. 2.4. The Company reserves the right, at its sole discretion and at any time, to conduct a Know Your Client ("KYC") verification process and to request from any user such KYC documentation as the Company deems necessary or appropriate to verify the identity and location of such user. The Company further reserves the right to restrict, suspend, or limit access to any feature of the Service, including, without limitation, the ability to purchase any Virtual Gold Coins (as defined below), until the user's identity has been satisfactorily verified, or for any other reason as determined by the Company in its sole discretion. For the purpose of conducting KYC checks, the Company may engage third-party service providers and may disclose user information to such providers as necessary to comply with applicable legal requirements, all in accordance with the Company's Privacy Policy. 2.5. Each user is permitted to maintain only a single Account. In the event that you attempt to create, or successfully create, more than one Account—whether under the same user name or any other name—or if you attempt to access or utilize the Platform and Service through another person's Account, the Company shall have the right, at its sole discretion, to immediately suspend or terminate your access to any and all such Accounts, retain all funds held therein, and permanently prohibit you from future use of the Platform. If the Company has reasonable grounds to suspect that you have registered or used multiple Accounts, or have acted in concert with others to operate multiple Accounts, the Company may suspend or close all such Accounts and withhold any associated funds until you provide satisfactory evidence demonstrating that no violation has occurred. If you become aware that you have more than one registered Account, you must notify the Company without delay. Failure to do so may result in the blocking of your Account(s) and the retention of any funds contained therein.
3. LICENSE AND INTELLECTUAL PROPERTY
3.1. Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to use the Service solely for the purposes set forth herein. Except as expressly stated under these Terms, we or our licensor retain all rights, title ownership, and interest in and to the Service and Games, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the Service and Games which are not expressly granted herein. 3.2. The Service are contingent upon availability and continuity of internet connection. Lack of connectivity or disruptions to connectivity may prevent the use of the Service. 3.3. The Company, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, pricing, or other tools which are available as a part of the Service or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Service, with or without notice, without incurring any liability to you. 3.4. The Platform may contain Games and other content, including but not limited to links, advertisements, Service, activities, or events, that are provided by third parties for implementation by the Company within the Platform (collectively, "Third-Party Content"). Access to Third-Party Content is provided to you subject to the intellectual property rights and licenses granted to the Company by the relevant third parties. If you believe that the Company's use of any Third-Party Content infringes upon the intellectual property rights of any third party, you may contact either the Company or the applicable third party directly to address such concerns and to ensure that the use of such content is consistent with the applicable licenses and authorizations.
4. RESTRICTION OF USE
4.1. The Service are provided for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) engage in any activity that constitute or can be deemed as criminal offenses, civil liability, or violations of applicable laws, including privacy, defamation, spam, and copyright laws; (b) Impersonate any person or entity or provide false identity information during registration process or during identity checks conducted by us from time to time; (c) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Service or attempt to derive the source code or gain unauthorized access to the Service or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the Service; (d) reproduce the Service, prepare derivative works, distribute, perform publicly or display publicly the Service' content without our prior written approval (and except as permitted under applicable law or these Terms); (e) commercially exploit the Service or any portion thereof; (d) use the Service in any fraudulent or unlawful manner; (f) use the Service in any way that violates any provision of these Terms; (g) assert any proprietary rights in or to the Service' content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers; (h) rend, lease, sell, trade, gift or otherwise transfer your account to anyone, without our written permission; (i) frame or mirror any part of the website without our prior written approval; or (j) use our name, logo or trademarks without our prior written consent. 4.2. We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Service for any reason or no reason, at our sole discretion. 4.3. We encourage respectful behavior, and if you come across any content that violates these Terms, please notify us at: [email protected]. We will review the report and take appropriate action.
5. VIRTUAL COINS
5.1. The Games may include virtual in-game currency, such as coins, tokens, cash, or credits ("Virtual Coins"). Some Virtual Coins can be obtained by winning games, inviting friends to join, or by purchasing them with real-world money ("Virtual Gold Coins"). Other Virtual Coins are always provided free of charge, as a bonus, prize or otherwise, they cannot be purchased, not through real-world money or virtual money (i.e., "sweep coins", as further detailed in the Sweeps Policy). 5.2. Virtual Items that you are awarded without purchase ("Rewards") may expire if not collected within 7 days. Rewards are generally collected automatically once awarded unless the user stops collection from occurring. If any special or affirmative action is required to collect a Reward, the user will be so advised. 5.3. If at any time we mistakenly add Virtual Gold Coins, Reward, or any other Virtual Coins to your Account that do not belong to you, whether due to a technical error, human error or otherwise, the Virtual Gold Coins, Reward, or any other Virtual Coins added by mistake will remain Company's property and will be deducted from your Account. If you become aware that you have mistakenly received a Prize redemption (as defined in the Promotion Terms) that does not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event you discover an incorrect addition of Virtual Gold Coins, Reward, or any other Virtual Coins, you are obliged to notify Customer Support here: [email protected]. 5.4. YOU ARE NOT OBLIGED, AT ANY TIME, TO PURCHASE ANY VIRTUAL GOLD COINS. YOU UNDERSTAND THAT YOU HAVE NO RIGHT OR TITLE IN THE VIRTUAL GOLD COINS APPEARING OR ORIGINATING IN ANY GAME, WHETHER "EARNED" IN A GAME OR "PURCHASED", OR IN ANY OTHER ATTRIBUTES ASSOCIATED WITH AN ACCOUNT OR STORED ON THE SERVICE. VIRTUAL GOLD COINS ARE LICENSED TO YOU BY US FOR YOUR PERSONAL USE IN THE GAME, AS SET OUT IN MORE DETAIL HEREIN THESE TERMS. YOU MAY NOT PURCHASE OR SELL VIRTUAL COINS OUTSIDE THE SERVICE OR ATTEMPT TO SELL IN THE "REAL WORLD" ANYTHING THAT APPEARS OR ORIGINATES IN THE SERVICE AT ANY TIME. ANY SUCH ATTEMPTED SALE SHALL BE NULL AND VOID AND MAY RESULT IN TERMINATION OF YOUR ACCOUNT AND LEGAL ACTION TAKEN AGAINST YOU. YOU MAY TRADE VIRTUAL GOLD COINS WITHIN A GAME. WE RETAIN THE RIGHT TO MANAGE, REGULATE, CONTROL, MODIFY AND DELETE VIRTUAL COINS AT OUR SOLE DISCRETION, AND WE SHALL HAVE NO LIABILITY TO YOU OR ANYONE FOR THE EXERCISE OF SUCH RIGHTS. WE MAY SELECTIVELY REMOVE OR REVOKE YOUR LICENSE TO USE OR ASSOCIATE VIRTUAL COINS WITH YOUR ACCOUNT WITHOUT NOTICE AT OUR SOLE DISCRETION. PRICES AND AVAILABILITY OF VIRTUAL GOLD COINS ARE SUBJECT TO CHANGE WITHOUT NOTICE. NOTE THAT VIRTUAL GOLD COINS ARE VIRTUAL AND HAVE NO MONETARY VALUE WHATSOEVER. YOU DO NOT IN FACT "OWN" SUCH VIRTUAL GOLD COINS, AND YOU MAY NOT REDEEM IT FOR CASH, PROPERTY OR ANYTHING WITH A VALUE, BESIDES THE BENEFIT WITHIN THE APPLICABLE GAME. MOREOVER, NOTE THAT VIRTUAL GOLD COINS ARE NONREFUNDABLE, AND YOU SHALL NOT BE ENTITLED EXCHANGE THEM WITH ANYTHING ELSE INCLUDING UPON TERMINATION AND SUSPENSION. THE SERVICE ARE OFFERED FREE OF CHARGE; HOWEVER, YOU HAVE THE ABILITY TO PURCHASE VIRTUAL GOLD COINS. PURCHASE OF VIRTUAL GOLD COINS IS ENTIRELY AT YOUR OWN RISK AND IS NON-REFUNDABLE, TRANSFERABLE AND NON-EXCHANGEABLE.
6. PAYMENTS
6.1. Payment. Prior to consummating any transaction through the Service (including, without limitation, the purchase of Virtual Gold Coins), you will be required to provide certain information, which may include, but is not limited to, your payment card number, expiration date, and billing address, either directly to us or to our designated payment processors. In addition, the Company may require, prior to any payment, the provision of verification information as further detailed under Section 2.4 of these Terms. You represent and warrant that you are duly authorized to use any payment method or information submitted in connection with any transaction. We may, from time to time, receive updated payment method information from your card issuer or our payment service providers, and you hereby expressly authorize us to charge your designated payment method, including any updated information received, for all amounts due and payable under these Terms. 6.2. Prices and Taxes. Subject to your Country of Residence and in strict compliance with all applicable laws, the prices displayed within the Service may be shown either inclusive or exclusive of applicable taxes, as determined by law. In all cases, any applicable taxes will be clearly itemized on the checkout page, and you will be afforded the opportunity to review such taxes prior to confirming your purchase. All prices are subject to modification at any time without prior notice. You agree to pay all charges incurred by you, or on your behalf, through the Service, at the rates in effect at the time such charges are incurred. In the event that legal action is required to collect any outstanding balances, you shall reimburse us, as well as our vendors and agents, for all costs and expenses incurred in recovering such amounts, including, without limitation, reasonable attorneys' fees and other legal expenses. 6.3. Billing Issues. You agree to notify us in writing of any billing errors, discrepancies, or issues within thirty (30) days from the date of the applicable purchase. Failure to provide such notice within the specified period shall constitute a waiver of your right to dispute such errors, discrepancies, or issues. You shall be solely responsible for, and hereby agree to indemnify and reimburse us for, any and all reversals, charge-backs, claims, fees, fines, penalties, and any other liabilities (including, without limitation, reasonable costs and expenses) incurred by us that arise out of or relate to payments authorized or accepted by you, or payments authorized or accepted through the use of your Account (regardless of whether such authorization was given by you). In the event that we, in our sole discretion, determine that any purchase is fraudulent, suspicious, or that there is an excessive number of reversals, charge-backs, or disputes, we reserve the right, without limitation and in addition to any other remedies available under these Terms or at law or in equity, to suspend, restrict, or terminate your access to any of the Service.
7. PROMOTIONS
7.1. The Company may, at its sole discretion, and in addition to the Games provided through the Platform, from time to time offer promotional contests, raffles, surveys, sweepstakes, games, or similar promotional activities (collectively, "Promotions") through or in connection with the Service. The Company reserves the right to update, modify, suspend, or introduce new Promotions at any time without prior notice. Participation in any Promotion, where available, is provided free of charge. 7.2. Prior to enrolling in any Promotion, you are required to review and accept the official rules governing such Promotion, see here: Sweepstakes Policy. By participating in any Promotion and utilizing the Service, you acknowledge and agree to be bound by any additional or alternative rules applicable to the Promotion, which shall govern your participation in the Promotion. In the event of any conflict between the rules of a Promotion and these Terms, the rules of the Promotion shall prevail.
8. RESPONSIBLE GAME PLAY
8.1. While we want you to have a fun, exciting, and entertaining experience while using the Service, it is your responsibility to exercise control over your playtime, spending, and purchases on the Service. To support this, the Company provides various self-control tools through the Platform—such as deposit limits, time limits, and self-exclusion options—to help ensure a safe gaming environment and promote a responsible gaming experience. These tools are optional and can be customized to suit your needs. If you require further assistance, our customer support team is available to help you access these features or provide additional guidance. For more information, including further resources and support options, please see our Responsible Gaming Policy.
9. TERM & TERMINATION
9.1. You may terminate these Terms and your use of the Service at any time. If you wish to terminate your use of the Service, you may do so by: (i) simply stopping using the Service; or (ii) sending us a request to delete your Account. 9.2. We may terminate these Terms, your access to all or any part of the Service at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Service. 9.3. We further reserve the right to suspend or terminate your Account at any time, with or without notice, if we suspect that your Account has been compromised, is being used in breach of these Terms, or if, for any reason, a charge that you authorized or that was authorized using your login information cannot be processed, is returned, or remains unpaid. In such cases, you shall immediately remit payment for any outstanding charges through any payment method. We take no responsibility for any loss or damage that you may suffer as a result of unauthorized access to your Account or your failure to keep your login secure and private. 9.4. Subject to applicable law, the Company reserves the exclusive right, in its sole and absolute discretion, to manage, regulate, control, modify, or eliminate your Virtual Coins at any time, and the Company shall bear no liability to you or any third party for the exercise of such rights. To the extent permitted by applicable law, the Company further reserves the right to assess and collect any fees, charges, or costs incurred prior to the cancellation of your Account. In the event your Account is terminated or cancelled for any reason, you shall not be entitled to any refund, nor shall any virtual points, tokens, or Virtual Coins be credited to you, converted to cash, or otherwise reimbursed, except as may be required by applicable law in your jurisdiction. You acknowledge and agree that any delinquent or outstanding accounts must be fully settled prior to the Company permitting you to establish any new or additional accounts. 9.5. Upon the expiration or termination of these Terms, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the Service. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.
10. REPRESENTATIONS AND WARRANTIES
1. You represent and warrant that: (i) all information you submit during registration or identity checks is truthful and accurate; (ii) you will not use the Service for any illegal or unauthorized purpose and your use of the Service does not violate any applicable law or regulation or these Terms; and (iii) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise. 2. Your interactions with other Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved. We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
11. DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, GAMES, AND ANY OF THEIR CONTENT AND FEATURES, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION CONTAINED IN THE SERVICE ACCURATE, COMPREHENSIVE, RELIABLE, COMPLETE, CURRENT, OR APPLICABLE TO YOUR NEEDS IN ALL RESPECTS AT ALL TIMES, OR (IV) THE QUALITY OF ANY GAMES, SERVICE, OR INFORMATION, WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT. We disclaim all warranties, express or implied, of any kind, regarding the Games, Platform, Virtual Coins, and the Service (including any content, information, software, links, advertisement, deep linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.
12. LIMITATION OF LIABILITY
THE USE OF THE SERVICE IS AT USER'S SOLE DISCRETION AND RISK. IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR GAMES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE AND GAMES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY BE CAUSED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID THE COMPANY FOR THE SERVICE. You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising from (i) any use of the Service which does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Service.
13. DISPUTE RESOLUTION AND ARBITRATION
SERVICE PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE COMPANY TO ARBITRATE MOST DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND THE COMPANY CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT TO ARBITRATE PRECLUDES YOU AND COMPANY FROM SUING IN COURT OR HAVING A JURY TRIAL, SUBJECT TO THE EXCEPTIONS SET FORTH IN THIS SECTION 13. YOU AND THE COMPANY ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS. By agreeing to these Terms, you and the Company agree that any and all past, present, and future disputes, claims, or causes of action between you and the Company (including any non-contractual disputes, claims or causes of action) that arise out of or relate to these Terms, the Service, the formation of these Terms, or any other dispute between you and the Company or any of the Company's licensors, distributors, suppliers, or agents, and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and the Company further agree that, except solely as set out in Section 13.6 below, no Disputes will be permitted to proceed, whether in court or in arbitration, as a class, group, mass, or representative action. 13.1. Informal Dispute Resolution. If you have a Dispute with the Company or if the Company has a Dispute against you, you and the Company will first attempt to resolve the Dispute informally in order to try and resolve the Dispute faster and reduce costs for both parties. You and the Company will make a good-faith effort to negotiate the resolution of any Dispute for 60 days, or any longer period as mutually agreed in writing (email suffices) by the parties ("Informal Resolution Period"), from the day either party receives a written notice of a dispute from the other party (a "Dispute Notice") in accordance with these Terms. You will send any Dispute Notice to the Company at [insert email]. The Company will send any Dispute Notice to you using the contact information you have provided to the Company. The Dispute Notice sent by either party must: (i) include the party's name, mailing address, email address, and phone number (in your case, those associated with your Account), (ii) provide a reasonably detailed description of the factual and legal basis for the Dispute, and (iii) describe the specific relief sought, including an accurate and good-faith calculation of the amount of damages or other compensation (if any) the party is seeking, as well as a description of any other remedies or relief the party is seeking or intends to seek absent a negotiated resolution of the Dispute. A Dispute Notice is only valid if it pertains to and is on behalf of the complaining party individually; a Dispute Notice brought on behalf of multiple parties is not valid. The Informal Resolution Period is designed to allow the party who has received a Dispute Notice to make a fair, fact-based offer of settlement if it chooses to do so. You and the Company therefore agree that neither party will demand or attempt to commence arbitration or litigation (where permitted under these Terms) against the other party before the end of the Informal Resolution Period. Both parties will attempt to personally meet and confer, via telephone or videoconference, with each other during the Informal Resolution Period in a good-faith effort to resolve informally any Dispute. If a party is represented by counsel, that party's counsel may participate in the conference, but the parties themselves must also fully participate in the conference. If a Dispute is not resolved during the Informal Resolution Period, you or the Company may initiate an arbitration proceeding or (where permitted under these Terms) file a claim in court as described below. A party's failure to satisfy the condition precedent of a Dispute Notice and waiting until the end of the Informal Resolution Period entitles the opposing party to seek immediate dismissal of the arbitration or (where litigation is permitted under these Terms) litigation and the right to seek reimbursement of its costs. The amount of any settlement offer made by any party during the Informal Resolution Period may not be disclosed to the arbitrator or court until after the arbitrator or court has determined the amount of the award, if any, to which either party is entitled. 13.2. We Both Agree to Arbitrate. By agreeing to these Terms, you and the Company agree to resolve any Disputes not resolved during an Informal Resolution Period through final and binding arbitration as discussed below, except as otherwise required by applicable law or as set forth under subsections 13.3 and 13.8 of this Section 13. 13.3. Opt Out of Agreement to Arbitrate. You may decline this agreement to arbitrate by providing an opt-out notice to [email address] within 30 days of first accepting these Terms. To be effective, your opt-out notice must be in writing and state that you (include your first and last name, and email address associated with your Account) decline this arbitration agreement, and you must personally hand-sign and date your notice. You can attach the notice to your email as a pdf, photograph or by any other means that clearly displays the required information and demonstrates that you have complied with these requirements. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, and neither you nor the Company will be required to arbitrate Disputes. For avoidance of doubt, if you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in the introduction and subsections 13.1, 13.7, and 13.8 of this Section 13 will continue to apply to both you and the Company. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Service, that existing arbitration agreement (but not the remainder of those prior Terms) will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. The remainder of these Terms shall supersede the prior version. 13.4. Arbitration Procedures and Fees. You and the Company agree that JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures in effect at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis, except as provided for in subsection 13.6, and will be handled by a sole arbitrator in accordance with those rules as modified by these Terms; provided that the parties will be presented with a list of five potential arbitrators and will rank those potential arbitrators in order of preference. JAMS will select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). You and the Company further agree that to the extent not prohibited under JAMS Rules, the arbitration will be held in English and conducted telephonically or via other remote electronic means, unless the parties otherwise agree on a physical location. The JAMS Rules will govern payment of all arbitration fees. The arbitrator will be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. You and the Company both agree that (A) the arbitrator will be bound by these Terms, (B) the arbitrator will have exclusive authority to determine questions of arbitrability, and (C) that all arbitration proceedings and resulting awards conducted pursuant to Section 13 will be confidential. Any such award may not be disclosed to third parties other than to a party's legal, accounting, or financial advisors (each of whom will be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce, or recognize the award, or (iii) otherwise as required or permitted by applicable law. Any award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. 13.5. Appeals. You and the Company agree that any award issued by an arbitrator pursuant to this Section 13 may be appealed in accordance with the applicable appeal procedures (e.g. JAMS Optional Arbitration Appeal Procedures for US residents) at either party's election. 13.6. Mass Arbitration Rules. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against a party, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines in effect at the time the first such arbitration demand is made ("JAMS Mass Rules") will apply, as modified by these Terms. In that event, the JAMS Process Administrator (as described in the JAMS Mass Rules) will have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. Arbitrators appointed in accordance with this Section 13.6 must be retired judges with experience of arbitrating or mediating disputes. All provisions of this Section 13 that are not in conflict with the JAMS Mass Rules, including the appointment process for the arbitrators, will continue to apply. 13.7. Class Action and Collective Arbitration Waiver. To the maximum extent permitted by applicable law (and except as expressly provided in Section 13.6), neither you nor the Company are entitled: to consolidate, join, or coordinate disputes by or against other individuals or entities; to participate in any collective, group, class, or mass arbitration or litigation of disputes; to arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class; to litigate or arbitrate a dispute in a private attorney general capacity; or otherwise to seek recovery of losses or damages (whether for yourself or others) incurred by a third party. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived. Any challenge to the validity or enforceability of this Section 13.7 will be determined exclusively by the arbitrator. Notwithstanding anything to the contrary set forth in these terms, if all or any portion of subsections 13.5, 13.6 or 13.7 is found to be invalid or less than fully enforceable with regard to a Dispute, then the entirety of the parties' agreement to arbitrate (but not those limitations and restrictions applicable to litigation that are set out in subsections 13.1, 13.7, and 13.8 of this Section 13) will be deemed void and as having no effect for purposes of that dispute upon either party's election. 13.8. Exceptions to Agreement to Arbitrate. Notwithstanding your and the Company's agreement to arbitrate Disputes: 13.8.1. either you or the Company may bring a lawsuit in a court of law, subject to the requirements and exceptions in Section 14, asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify, or terminate such relief, to compel arbitration pursuant to this Section 13 or to confirm, enforce or recognize any arbitral award issued hereunder; and 13.8.2. either you or the Company may also assert individual claims in small claims court in your county of residence (or if there is no such court in your county of residence, then the small claims court closest in proximity to your residence) as long as the claim qualifies for small claims court and the court does not permit class or similar representative actions or relief.
14. GOVERNING LAW AND JUDICIAL FORUM FOR DISPUTES
14.1. Governing Law. These Terms, your use of the Service, and our entire relationship (including any Disputes), will be interpreted in accordance with and governed by the laws of the State of Wyoming without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in Section 13, its scope, and its enforcement will also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles. You and the Company acknowledge these Terms affect interstate commerce. 14.2. Judicial Forum for Disputes. Except as otherwise required by applicable law, you and the Company agree that any Dispute that is not subject to arbitration pursuant to Section 13 and not permitted to be filed in the relevant courts in accordance with the exceptions in Section 13.8 may only be brought in a court of competent jurisdiction in the State of Wyoming. Both you and the Company consent to venue and personal jurisdiction there. Notwithstanding the foregoing, You and the Company agree that either of us may move to compel arbitration or to enforce, compel or recognize an arbitral award before any court of competent jurisdiction.
15. GENERAL TERMS
15.1. Export Controls. You must comply with all export and sanction laws and regulations maintained by the United States, Israel, the European Union, the United Kingdom, and other applicable countries as determined by the Company in our sole discretion ("Trade Controls"). The Trade Controls prohibit the use of the Service by: (i) any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine, collectively, the "Sanctioned Countries"), any countries designated as an "enemy", that are not currently exempted, under Israel's Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon the Company's sole discretion due to local legislation requirements or any other reason upon its sole discretion; or (ii) anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U., UK or Israeli governments, or by the jurisdictions in which the Service were obtained, including, without limitation, the U.S. Treasury Department's List of Specially Designated Nationals (collectively, "Sanctioned Persons"). You represent and warrant that: (i) you are not located in, operating from, established under the laws of, or otherwise ordinarily resident in a Sanctioned Country; (ii) you are not a Sanctioned Person; (iii) you will not export, re-export, or transfer any portion of the Service or any related technical information or materials, directly or indirectly, to a Sanctioned Country, a Sanctioned Person or otherwise in violation of Trade Controls; and (iv) you will not use funds from a Sanctioned Person to pay the Company, or otherwise involve a Sanctioned Person in payments to the Company. 15.2. Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements, representations, statements, and understandings of the parties relating to the subject matter herein. 15.3. Language. To the fullest extent permitted by applicable law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. Any translation has been provided for your convenience. 15.4. Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to a third party without obtaining your consent. 15.5. Severability. If any provision of these Terms is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. 15.6. No Waiver. The Company's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 15.7. Third-Party Beneficiaries. Except as otherwise provided, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
CONTACT US
If you have any questions, requests, comments, or complaints regarding the Service or these Terms, you can contact us at: [email protected].
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