You must be at least eighteen (18) years of age to open an account, participate in Contests, or win prizes.. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Iowa or Massachusetts.
Recreational Games Contest Eligibility. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee (the “ Recreational Excluded States”) are eligible to open an account and participate in Lucra Recreational Games contests offered by the Website. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Website. Legal residents of the Excluded States may be eligible to open and maintain accounts on the Website for use only in games that do not offer prizes. ***Persons physically present within a Recreational Excluded State may not: make deposits into an Account, withdraw funds from an Account or initiate or enter into a Recreational Games Contest.***
You further agree and understand that the eligibility for Lucra Contests is subject to change, and that in the case of Lucra’s decision to cease offering the Services within a particular state, that Your Account may be closed and any funds in the Account associated with that Account at that time will be returned to You.
"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
If any deposit to your Account is charged back or otherwise challenged by you, any winnings generated from Lucra contests shall be invalidated, forfeited and/or deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. Lucra reserves the right to close your account – without notice – shall a deposit be charged back.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials are not eligible, directly or indirectly, to participate in, and are strictly prohibited from entering, any Lucra Sports contests related to the sport in which they are associated.
Users will be able to visit the Website and view the games available for entry (the "Contests"). Each individual Contest has an entry fee listed in US dollars. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from the active funds (the “Available Balance”) section your Lucra account.
Deposits made on our site will appear on your statement as LUCRA. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
Customers depositing funds using a credit card in some states may see charges on their credit card statement labeled “processing fee,” “international transaction fee” or similar description. The company processing credit card payments for Lucra in certain states may operate outside the United States and may impose fees for international transactions.
By entering a Contest, entrants agree to be bound by these Rules and the decisions of Lucra, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Lucra Sports Contest if the entrant is:
Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest, including any information from any daily fantasy sport site or information from a sports governing body (e.g., pre-release injury information) (“Pre-Release Data”);
An employee of a sponsor, consultant, or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant’s participation in a Contest;
An employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;
Breaches any rules or policies of the entrant’s employer, of any sports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Contests or accepting prize money;
Any person prohibited from participating pursuant to court order;
Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:
Falsifying personal information required to enter a Contest or claim a prize;
Falsifying contest information or results or otherwise creating fraudulent or fake Contests;
Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Service;
Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, accepting a contest, withdrawing from a contest, countering a contest, and creating an account);
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
Any type of bonus abuse, abuse of the referral program, or abuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other entrants information and spamming other entrants; or
Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Lucra from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Lucra, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to and physical or emotional injuries including death, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Lucra may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
Lucra is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Lucra reserves the right to rectify the result of any contest for up to one week after the end of that contest. Reasons for rectification include but are not limited to retroactive changes of in-game statistics by a league entity, incorrect data provided by Lucra’s 3rd party provider, or incorrect or falsified data provided by entrants. Lucra has the right to restrict or remove any user from its platform. Reasons for restriction or removal include but are not limited to creation of manipulative contests or other foul play.
Lucra is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Service or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Lucra corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, LUCRA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All contest entries become the property of Lucra and will not be acknowledged or returned.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide Lucra with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, Lucra will, in its sole and absolute discretion, utilize certain information collected by Lucra to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Participation in each Contest must be made only as specified in the Terms of Service and subject to any Contest rules. Failure to comply with these Terms of Service and Contest rules may result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by Lucra of their status as a potential winner and continuing until such time when Lucra informs them that they no longer need to do so that they will make themselves available to Lucra for publicity, advertising, and promotion activities.
Lucra reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by Lucra in its sole discretion.
Lucra may, at its sole discretion, issue, assign or award promotional credits known as “Lucra Bucks” to certain users for promotional purposes. Any such award shall be subject to these Terms of Service as well as any addition rules for the promotion. Users should be aware that Lucra Bucks will expire 90 days from issuance, unless used in gameplay before the expiration date. Lucra Bucks are also subject to revocation at Lucra’s sole discretion and/or in the event that a user is found to be acting outside of the rules defined in these Terms of Service or is otherwise deemed by Lucra to be participating in potentially suspicious, fraudulent, or illicit behavior on the Lucra website or Lucra application(s).
From time to time, Lucra may offer merchandise or third-party rewards on a promotional basis. To the extent that these promotions or rewards are offered in a digital format, Lucra may, in its sole discretion, assign an expiration or other limits to redemption timelines or processes for those rewards. Also, Lucra is not responsible for the Terms and Conditions which may be associated with promotional rewards or merchandise provided by third-parties (i.e.: gift cards, user credits, etc.). Users are solely responsible for understanding any and all Terms and Conditions for third-party rewards and/or promotions which may be associated with the Lucra platform(s), and users understand that access to or use of those promotional devices are considered acknowledgement and agreement to those third-party terms.
PLEASE READ THESE "BINDING ARBITRATION AND CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH LUCRA AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST LUCRA. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST LUCRA BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Lucra agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any Lucra Site (including Services) or to these Terms of Service (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Service) (a "Dispute"), shall be determined by arbitration, except that you and Lucra are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO ARBITRATIONOPTOUT@LUCRASPORTS.COM CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE BODY OR SUBJECT LINE OF THE EMAIL. ***EMAILS SENT TO OPT-OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE***
You and Lucra agree that such arbitration shall occur in San Francisco, California. You may request to appear in such proceedings telephonically. You and Lucra agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), as modified by these Terms of Service.
With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
You and Lucra shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Lucra will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.
Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Contests offered on the Website are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, Contest rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Sports Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. In the case of Recreational Games Contests, additional criteria may be used to determine a Winner, such as agreement or confirmation of other entrants regarding the outcome of the contest. The Website and Contests may not be used for any form of illicit gambling.
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Lucra Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While Lucra and the third parties used to provide the Lucra Services use reasonable efforts to include accurate and up-to-date information, neither Lucra nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Lucra Website and related information sources. Lucra and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Lucra Website and related information sources, and shall not be responsible or liable for any error or omissions in that information. All statistics shown on Lucra are publicly available and are not suggestions from Lucra in any way.
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest, or, in the case of Recreational Games Contests, at the completion and following confirmation of results by all entrants.. Once Contest results are reviewed and confirmed by Lucra, prizes may be awarded subject to these Terms. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Lucra' sole discretion.
Lucra reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, Lucra may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
Lucra employees and consultants are eligible to play contests on the Lucra platform. Employees and consultants have no additional information or advantage against other users. Since Lucra is a peer-to-peer platform and is not booking any bets as the house, Lucra is indifferent to whether their employees and consultants win or lose on the platform.
At the conclusion of each Contest, and following confirmation of results by all entrants in the case of Recreational Game Contests, prizes will be awarded by 12:00 NOON PST on the following day except in circumstances where technical failure, inability of the Company to verify your compliance with these Terms, or other reasons prevent such timely payout. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.
Contest prize payouts will be published with the creation of each new contest. Lucra reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by Lucra to its customers but will not be required.
Winners are posted on the Website.
Before making any payment, Lucra may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If Lucra requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or Lucra otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, Lucra reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Lucra may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by Lucra in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Service in any manner.
If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless Lucra believes in good faith that you engaged in either fraudulent conduct or other conduct that would put Lucra in violation of sections 313.900 to 313.1020, RSMo, in which case Lucra may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by Lucra but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
Checks for withdrawal requests are processed within 14 business days, with the exception of any such requests coming from persons physically located in Iowa, which will be processed within 5 business days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a Lucra account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Lucra reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
Any withdrawal requests, after approved by Lucra, will be credited back to the same credit card or method of payment used to deposit funds on the Website. Lucra will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
Users may not cancel, edit, or adjust contests when they are not in a legal state eligible on the platform. Users may not add or withdraw funds when they are not in a legal state eligible on the platform. Users will be able to see their contests in a view-only state in all states, but the actions above will be restricted on a state-by-state business based on Lucra’s eligible legal states.
As part of our compliance policies, users may not withdraw if they have not played a contest since depositing funds into their Account. In addition to the requirement that users must play a contest once funds are deposited into their Account, users are not able to withdraw funds within 72 hours of depositing funds.
Lucra, Inc. will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Users are subject to an automated Knowledge Based Authentication ("KBA") verification process provided whenever a user attempts to withdraw funds. This process asks a series of at least four multiple choice questions about the person’s life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, Lucra, Inc. can and does require its users to produce a copy of their driver’s license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, Lucra, Inc. will not release the funds from the account. Once per month, Lucra, Inc. shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account, the PayPal Account, and credits due to Lucra, Inc. from credit card processors as of the end date of the immediately preceding month.
Players who believe that funds held in their accounts with Lucra, Inc. have been misallocated, compromised or otherwise mishandled, may register a complaint with Lucra, Inc. online by e-mailing support@LucraSports.com or calling 201-781-5977. Lucra, Inc. shall use its best efforts to respond to such complaints within ten (10) days. If Lucra, Inc. determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons, therefore. If more information is required for Lucra Inc. to process the complaint, the response will note the form and nature of the necessary additional information needed.
A player can request to withdraw funds from their account at any time. Players must play a contest and the deposit of funds must have occurred no less than 72 hours from the time a withdrawal is requested before the withdrawal request will be considered. Requests for withdrawal will be honored by the later of five business days or ten business days of submission of any tax reporting paperwork required by law, unless Lucra, Inc. believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put Lucra, Inc. in violation of California state law. A request for withdrawal will be considered honored, contingent upon the user meeting other requirements and conditions as set forth within these Terms of Service, if it is processed by Lucra, Inc. but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the Lucra, Inc. customer service department.
Upon starting operations, Lucra will establish and maintain transaction limits on its activities in order to mitigate BSA/AML/OFAC risks. The Company, in its sole discretion, may establish limits that could include each of the following types of transaction activity: per transaction, per day, per contest, per deposit, and/or per withdrawal.
In addition to any other legal or equitable remedy, Lucra may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Lucra Website. Lucra may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If your Lucra account has no activity for twenty-four (24) months, it will be considered inactive. Lucra will assess fee of $2.99 per month on all inactive accounts until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. Lucra will provide all users subject to an inactivity fee with at least thirty (30) days’ notice prior to deducting any fees.
If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Lucra, Inc. is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Lucra may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT TRANSMISSIONS OR DATA WILL BE SECURE.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. IN SUCH JURISDICTIONS, LUCRA’S WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICE, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Lucra, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lucra reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Lucra, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of Lucra, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to Lucra, may result in account suspension or termination.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Service and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
Lucra requires users to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should contain the following information:
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
You represent and warrant that you have all rights necessary to grant to Lucra the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
49 Chambers Street, Apartment 14E, New York, NY, 10007
Attn: Copyright Agent
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to Lucra the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
Governing Law and Jurisdiction. The Parties agree that these Terms of Service and all Services shall be construed and subject to the laws of the State of California, without regard to its conflict of law rules. The Parties further agree that state or federal courts sitting in the State of California shall have exclusive jurisdiction over any permissible judicial action initiated hereunder; and each of the Parties hereby agrees to submit to the personal jurisdiction of said courts and to waive its right to object to the forum on the grounds of inconvenience. The Parties further agree that any and all rights to trial by jury with respect to any such proceedings is waived..
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Lucra. These details will be used to allow Lucra to comply with tax regulations and may be shared with appropriate tax authorities. You are solely responsible for filing and paying applicable state and federal taxes on any winnings. Lucra does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
Under California Civil Code § 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210.
Nothing in the Terms of Service shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.
By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless Lucra, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "Lucra Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest.
Nothing in the Terms of Service shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Lucra.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Lucra or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the Lucra website shall not be responsible or liable for the Lucra website or any of the content, software, or functions made available on, or accessed through, or sent from, the Lucra website.
SEVERABILITY In the event any provision of these Terms is held unenforceable, such provision will be ineffective but shall not affect the enforceability of the remaining provisions. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise revised by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Lucra' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
The failure of Lucra to comply with any provision of these Terms of Service due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Service.
LUCRA AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF LUCRA IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.